Terms of Use
This agreement was written in German. If there is any contradiction between any translation of this agreement and the German version, the German version is authoritative.
Date of last revision: 1. March 2022
1. SUBJECT OF THESE TERMS OF USE
1.1. MyTravel.Earth operates on the internet as a technical service provider an offer ("Search of travel partner: in, receipt of travel offers, documentation of travel experiences") on which natural persons ("users") after successful registration create electronic self-descriptions ("profiles") of themselves via the platform , other users can search for and / or communicate with them within the portal based on specific criteria within the portal. In particular, the platform offers the following services:
1.1.1. The Platform covers all offers available on the internet address https://mytravel.earth, provided that they are managed and / or operated by MyTravel.Earth. Advertising, promotion, competitions and cooperations, which are provided by third parties via advertising material and links and link to external offers, are not the subject of the MyTravel.Earth operated platform.
1.1.2. For the use of the offer, the user creates a profile using an e-mail address for the purpose of self-presentation. For this, some information is mandatory - z. Country, name and e-mail address - and others voluntarily, e.g. birthday data, language skills.
1.1.3. Through various functions, users can find each other by specifying certain criteria and retrieve the information set via the profile and contact each other within the platform.
1.1.4. The users can, for example, communicate via chat within the portal.
1.2. For the use of the platform exclusively these terms of use apply. Deviating, conflicting or supplementary terms and conditions of the user do not apply.
2. REGISTRATION / Access to MyTravel.Earthl
2.1. A prerequisite for the use of MyTravel.Earth is a successful registration by the user, in which he provides an e-mail address, a personal password and other data required to operate MyTravel.Earth. These data are stored to the profile of the user.
2.2. Only the person who has registered in this way on the platform is also entitled to use the corresponding profile. Use by several persons is not permitted. The user assures MyTravel.Earth that the data provided on the occasion of the registration is complete and true.
2.3. Requirement for the use of the platform is a minimum age of the user of 18 years. MyTravel.Earth is entitled to carry out spot checks in this connection and, in individual cases, to request proof of age. Profiles of users under the age of 18 can be deleted immediately by MyTravel.Earth.
2.4. By registering, the user agrees to the validity of these Terms of Use. There is no entitlement to registration or access to the platform.
2.5. MyTravel.Earth is entitled to exclude users from further access to the portal in the event of a suspected or proven violation of these Terms of Use and to prevent their use.
3. REMUNERATION
3.1. Use of the platform is free for travelers who are looking for travel partners. There is no lifelong right to use these services. Travel providers who offer travel commercially on the platform pay a fee in order to create advertisements. After registration and payment of a usage fee, the Create travel advertisements area can be viewed and used by commercial providers. This obligation to pay is clearly shown in the legally prescribed manner before a corresponding service is used.
3.2. Your own costs and expenses incurred by the use of the platform directly to the user / provider (eg dial-up costs, costs of an Internet connection, etc.) are the sole responsibility of the user.
3.3. On the basis of the information provided by the user, individualized advertising will be displayed within the user profile, in particular by incorporating promotional offers adapted to the interests of the user. For details, see the Privacy Policy of MyTravel.Earth.
4. OBLIGATIONS OF THE USER
4.1. The use of the portal is only permitted in compliance with the statutory provisions and the regulations of these terms of use.
4.2. The use of the platform is reserved exclusively for the purpose of representing the own person with the offered functional range and to interact with other users via the functions offered on the platform.
4.3. The user is solely responsible for the content of his registration and for all information he provides about himself. He assures, in each case only truthful information to make and pursue no business intentions (advertisement). The platform serves solely to search for travel partners, to offer commercial travel advertisements and to document users travel experiences. The user will not use third party data entrusted to him within the platform for commercial purposes.
4.4. No content may be offered, distributed, made accessible and / or linked by any links that violate any applicable law or these Terms of Use. This applies in particular to offensive, violence-glorifying, discriminatory, offensive or unlawful content or for criminal acts.
4.5. The user is required to keep confidential any news or other content that he or she receives from third parties in connection with the use of the platform and not make it accessible to third parties without the consent of their author.
4.6. The user is forbidden to put foreign personal data (name, address, telephone, fax and SMS numbers, e-mail addresses) and other contact information in a profile, or to register, if he has the rights to this Missing data.
4.7. The user undertakes not to use the portal in an abusive way. In particular, he is prohibited from doing so
4.8.1. harass, threaten, deceive or harm other users or third parties;
4.8.2. create a profile that violates third-party rights or is sexually or commercially oriented;
4.8.3. illegal content or content related to nudity or content that is offensive to other members;
4.8.4. To carry out activities or to send data which, by their nature or characteristics (such as viruses), size or number, is liable to jeopardize or affect the existence or operation of the platform;
4.8.5. to provide, distribute, access or link to copyrighted or other proprietary content;
4.8.6. To post or make available such messages for profit-making purposes (spamming, scamming, hoaxes, advertising, classifieds, etc.), in particular by referring to other services of similar orientation;
4.8.7. Include image material in the profile on which not only the respective user (or the company (based on a logo)) can be seen and which obviously does not do justice to the purpose of a truthful and up-to-date self-representation of the own person / company;
4.8.8. operate more than one user profile at the same time.
4.9. In the event of a breach of the aforementioned provisions, the good customs or rights of third parties, the user shall be liable to MyTravel.Earth for compensation for all resulting damages, if he is at fault. The user hereby indemnifies MyTravel.Earth in its entirety from all possible third-party claims resulting from infringements.
4.10. MyTravel.Earth is entitled to immediately exclude the user from the platform.
5. TERMINATION
5.1. Each user is entitled at any time to delete his profile from the platform without giving reasons. Deletions, if any, can happen directly through a function within the platform. Alternatively, in writing or by e-mail. Any deletion is considered an immediate termination of the registration.
5.2. Upon receipt of the users request for deletion, MyTravel.Earth is entitled to irrevocably and permanently delete all data entered by the user.
5.3. A reuse of the e-mail address is then no longer possible for security reasons.
6. OPERATION OF THE PORTAL
6.1. MyTravel.Earth is entitled to change the portal at any time, or to change it in any other way, as far as the change or deviation is reasonable for the user, taking into account the interests of MyTravel.Earth. For technical reasons, the availability of the platform or individual functionalities may be restricted at any time and / or content. There is no claim to access to the platform at any time or without interference, as well as uninterrupted usability or accessibility. This applies in particular to the extent that access to the platform is caused by disruptions that are not the responsibility of MyTravel.Earth.
6.2. MyTravel.Earth strives to provide access to the platform 24 hours a day, 7 days a week. Temporary business interruptions due to the usual maintenance work, disturbances with third party providers or network operators as well as in case of force majeure are possible at any time.
7. RIGHTS
7.1. All rights to the Platform and the related content, designs, technologies or markings are, unless otherwise stated, exclusive to MyTravel.Earth.. Uses by the user outside the platform or outside of the purpose pursued by and with MyTravel.Earth are without prior written consent Approval of MyTravel.Earth inadmissible.
7.2. MyTravel.Earth is entitled to reproduce, distribute, publish and make available for public retrieval all non-personal data entered by the user in its profile. However, this applies - or at least analogously - to all other media such as print, TV or mobile.
8. DATA PROTECTION
MyTravel.Earth undertakes to comply with all applicable data protection laws when operating the portal. All provisions and agreements regarding the handling of personal data are contained in the Privacy Policy.
9. LIABILITY
9.1. With regard to the liability of MyTravel.Earth:
9.1.1. Claims of the user for damages are excluded. This does not apply to claims for damages by the user resulting from injury to life, limb, health or material breach of contract (cardinal obligations) as well as liability for other damages resulting from intentional or grossly negligent breach of duty by MyTravel.Earth, its legal representatives or vicarious agents based. Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
9.1.2. In the event of a breach of essential contractual obligations, MyTravel.Earth is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the user resulting from injury to life, limb or health. In the case of this paragraph, the liability for lost profits, indirect damages, consequential damages and claims of third parties is excluded.
9.1.3. The restrictions according to 9.1.1. and 9.1.2. apply also in favor of the legal representatives and vicarious agents of MyTravel.Earth, if claims are made directly against them.
9.1.4. The provisions of the Product Liability Act remain unaffected.
9.2. MyTravel.Earth is only liable for the recovery of data in as far as the user has taken all necessary and reasonable data security measures and has ensured that the data from data material that is kept in machine-readable form can be reconstructed at a reasonable cost.
9.3. Incidentally, any liability of MyTravel.Earth is excluded. In particular, MyTravel.Earth shall not be liable for platform failures, loss, incompleteness or unavailability of the Platform or damages of any kind due to denial-of-service attacks, email spamming or computer viruses committed by third parties and not by MyTravel.Earth are to represent.
9.4. The user is obligated to notify MyTravel.Earth in writing or by e-mail of any damage within the meaning of the above liability rules without delay, so that MyTravel.Earth is informed as early as possible and may, together with the user, possibly mitigate or reduce damage. Notwithstanding this, the user is also obliged to take damage limitation measures.
9.5. MyTravel.Earth has no influence on the content of linked websites. Any links provided by MyTravel.Earth are provided solely for the purpose of improved information gathering for users. MyTravel.Earth is not liable for contents and activities of such contents.
9.6. MyTravel.Earth is not responsible for any misrepresentation of the user during his registration and for possible misuse of the information posted to or disclosed to a third party, unless MyTravel.Earth is at fault.
10. Conclusion
10.1. Some areas of the platform are chargeable and only accessible after registration and payment of a user fee. You will be clearly informed of this cost obligation before using a corresponding service in the manner prescribed by law.
10.2. The prices for paid access for entrepreneurs of MyTravel.Earth are clearly communicated before booking in the manner provided by law. The price includes VAT.
10.3. By presenting our service offer, we make a binding offer to use the paid service of MyTravel.Earth. By clicking on the button - Buy now binding - you accept our offer to use the paid service of MyTravel.Earth. Thus, a contract has come about effectively.
10.4. If the order / order confirmation contains typographical or printing errors or if the price determination is based on technical delivery errors, MyTravel.Earth is entitled to contest. Already made payments will be refunded to the user immediately.
10.5. The contract text is not stored by MyTravel.Earth.
10.6 After booking the fee-based MyTravel.Earth Services, access to the paid areas / content will be activated by MyTravel.Earth for the duration of the term (starting on the day the payment is received). These include, in particular, the presentation of commercial trips.
11. Transfer of rights
11.1. MyTravel.Earth offers the possibility to create pictures, information and personal data and to integrate them into the MyTravel.Earth system.
11.2. The creator bears the sole responsibility for the content created.
11.3. By posting pictures in MyTravel.Earth, you transfer to MyTravel.Earth free of charge the temporally and spatially unlimited right, the uploaded images in all media in the provision of services and in the context of advertising on the Internet, in social networks (eg Facebook), at trade fairs and corporate events and to use it in presentations, to make it publicly accessible, to make it public, to present it to the public, to reproduce and distribute it, to duplicate, to edit, to transform, to alienate, to shorten, to share, to cut out, with other images, media or other works and services, or to use, record, interrupt, replace or otherwise alter the music and / or sound, to introduce interactive elements, and to grant to third parties sublicenses for the use of any scope.
11.4. By posting content, in particular images and written / created information and personal data and / or other content you transfer MyTravel.Earth free of charge the temporally and spatially unlimited right, this content in connection with MyTravel.Earth in all media in the provision of services and within to use the advertising on the Internet, in social networks (eg Facebook), at trade fairs and corporate events and presentations, to make it publicly accessible, to make public, publicly present, reproduce and disseminate, as well as to duplicate, edit and remodel and sublicense to any third party for use of any scope.
11.5. This use of information, images, as well as personal data and / or content by MyTravel.Earth may be objected to at any time in writing (eg letter, fax, e-mail). In the event of an objection, MyTravel.Earth will delete the affected content immediately.
11.6. By accepting these terms and conditions, you indemnify MyTravel.Earth from all claims of third parties, in particular claims based on copyright, trademark and personality rights violations, which are brought against MyTravel.Earth in connection with the content you have posted, upon first request. This does not apply if the creator is not responsible for the injury. MyTravel.Earth is entitled to take appropriate measures to defend claims of third parties. The indemnity also includes the reimbursement of the costs incurred by MyTravel.Earth for the necessary prosecution / defense.
12. Cancellation
12.1. You have the right to withdraw from this contract within fourteen days without giving any reason.
12.2. The revocation period is fourteen days from the date of the contract. To exercise your right of withdrawal, you must be MyTravel.Earth (MyTravel.Earth E-Mail: info[at]mytravel.earth) by means of a clear statement (eg a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
12.3. Consequences of the cancellation
12.4. If you withdraw from this contract, we shall reimburse you for any payments we have received from you without undue delay and at the latest within fourteen days from the date on which the notice of termination of this contract is received by MyTravel.Earth. For this repayment, MyTravel.Earth will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees.
Model withdrawal form
If you want to cancel the contract, please fill out this form and send it back.
To: MyTravel.Earth E-Mail: info[at]mytravel.earth
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- name of the consumer (s)
- address of the consumer (s)
- Signature of the consumer (s) (only when notified on paper)
- date
(*) Delete what is wrong
12.5. Expiry of the right of withdrawal
12.6. Your right of withdrawal expires when we have started to execute the contract after
12.7. 1. You have expressly agreed that we begin to execute the contract before the expiry of the withdrawal period, and
12.8. 2. You have acknowledged your knowledge that by giving your consent to the commencement of the execution of the contract you will lose your right of withdrawal.
13. Term, termination
13.1. The contract of use runs from the time of your booking until the end of the corresponding term (period of use).
13.2. During the period of use a proper notice by the user is possible.
13.3. The right to block the MyTravel.Earth user account and termination for good cause remains unaffected by the preceding provisions.
14. Note acc. Art. 14 ODR Regulation
14.1. Customers, consumers i.S.d. § 13 BGB, have the possibility in case of dispute on the EU portal your Europe (http://europa.eu/youreurope/ citizens/index_en.htm) to conduct an online dispute resolution with the assistance of a recognized arbitration board. For this they can use the EUs online dispute resolution platform at the URL: http://ec.europa.eu/ consumers/odr/.
14.2. The online dispute resolution procedure is not a mandatory requirement for calling ordinary courts, but is an alternative way of eliminating differences that may arise under a contractual relationship.
14.3. Other national provisions governing arbitration proceedings remain unaffected by the above provisions in sections 10.1 and 10.2. Please note that the online platform of the European Commission for out-of-court online dispute resolution (OS platform) provided under http://ec.europa.eu/ consumers/odr may not yet be operational.
14.4. Our e-mail address is: info@mytravel.earth
15. MODIFICATION OF TERMS OF USE
15.1. MyTravel.Earth is entitled to change these Terms of Use at any time. Such changes will be notified to the user without delay.
15.2. If the user does not object to the changes within two weeks of being notified, the changes will be considered accepted. This circumstance informs the user when the changes are announced.
15.3. In the event that the user objects to the changes, he or MyTravel.Earth may terminate the use of the platform immediately.
16. FINAL PROVISIONS
16.1. If provisions of these Terms of Use are or become invalid in whole or in part, the remaining provisions remain unaffected. Rather, in place of each ineffective provision, a substitute provision which corresponds to the purpose of the agreement or at least comes into effect, as the parties would have agreed to achieve the original result, if they had known the ineffectiveness of the provision. The same applies to loopholes.
16.2. In business dealings with entrepreneurs, legal entities under public law or public-law special funds, the place of performance and jurisdiction shall be Krefeld, Germany unless otherwise agreed.
We strive to create a global community with consistent standards. However, we also strive to respect local laws.