TERMS OF CONDITIONS
**General Terms and Conditions**
**Version 04/15/2021**
These General Terms and Conditions are subdivided into:
### I. Terms of Use
#### 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
​
ISTANBUL VIZE SERVICES LLC
132 SPRINGBROOK RD
OLD SAYBROOK
Connecticut - 06475
​
You can contact us by email at
​
Bookings through the Platform are subject to the General Terms and Conditions of [Website Name] as well as the General Terms and Conditions of the Host of tours and other tourist services.
​
#### 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 understood the Terms of 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 Hosts of activities available on the Website require a booking request through the [Website Name] Platform and the Host's acceptance of the booking request according to the General Terms and Conditions of [Website Name].
​
#### 4. No warranty
While [Website Name] tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, currency, reliability, suitability for any purpose, or otherwise (including for any information provided by third parties). [Website Name] may change, add, or remove information on the Website and 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functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. [Website Name] may also block Users from accessing the Website or parts of it or require certain conditions to be fulfilled for such access. [Website Name] does 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 are free from viruses and other harmful software. Moreover, [Website Name] does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
#### 5. Limitation of liability
[Website Name] 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 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. 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.
#### 6. Third-party content, links to other websites
[Website Name] 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 Website, and for content linked to the Website or which is linked to from it or referred to. [Website Name] does not recommend or endorse such content, and will not have any liability relating to it. Where [Website Name] links to third-party websites, you use such websites at your own risk. We recommend reading the policies of these websites and reviewing 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 [email address].
#### 7. Limited [Website Name] App license
[Website Name] hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the [Website Name] App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the [Website Name] App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the [Website Name] App and make such number of backup copies of the [Website Name] App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the [Website Name] App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the [Website Name] App or any associated documentation; (v) not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the [Website Name] App nor attempt to do any such things.
#### 8. Intellectual property rights
As between you and [Website Name] 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.
#### 9. Amendments to the Terms of Use
[Website Name] 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. [Website Name] expects 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.
#### 10. Applicable law and jurisdiction
The law of the United Kingdom 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 remains unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Berlin, provided the user is a tradesperson as per the England Commercial Code or does not have a permanent place of residence in the United Kingdom when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
### II. General Terms and Conditions of [Website Name], London (intermediary)
#### 1. Introduction
1.1 [Website Name] runs an intermediary Platform for tourist offers in the form of an online offer via the internet and apps (hereinafter jointly referred to as the “[Website Name] Platform”). On the [Website Name] Platform users have the chance to find and book tours, activities, and experiences all over the world. The online offer comprises guided tours, cooking courses, sightseeing tours by bus, river barge trips, tickets for entry to sightseeing locations, and other services. The offers are placed online by a range of local Hosts around the world (hereinafter referred to as “Hosts”) with whom the respective contract for tourist services is concluded (“service agreement”). The Hosts’ services can be accessed via the [Website Name] Platform and bookings can be made.
1.2 [Website Name] approaches both consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract
c. The “user” denotes a natural person, unless this person has been explicitly registered with [Website Name] 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-agents or distribution partners.
#### 2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the [Website Name] Platform, such as via the internet and apps. The contractual relationship between the user and [Website Name] generally only comprises the proper referral of users to the respective Host, or the transfer of data via users who are provided by a sub-agent. [Website Name] 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 II of the General Terms and Conditions of [Website Name] shall apply to offers on the [Website Name] Platform and the provision of users to the Host. Part II of the General Terms and Conditions applies to the use of the [Website Name] Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Host, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Host.
#### 3. Registration
3.1 The use of the [Website Name] Platform’s offer can generally be done anonymously.
3.2 Certain types of use of the [Website Name] Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with [Website Name] 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 secret and take suitable precautions to prevent third parties being aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.
4. Services of [Website Name]/Conclusion of contract
4.1 Once the user has entered his/her desired service on the [Website Name] Platform (e.g. travel destination, type of tour, start time, number of participants & price options), [Website Name] shall show the user the information about the Hosts’ services (“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 Host, 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 Host of tours and other tourist services in Part III.
4.3 [Website Name] shall notify the user of the conditions of transport and business of the Host 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 Host reserves the right to not allow the user to undertake an action, or to exclude it if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 [Website Name] shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Host, as well as a payment confirmation. The use of the [Website Name] Platform itself is essentially free of charge for the user. The costs for the technical access to the [Website Name] Platform (e.g. internet access) are to be borne by the user. [Website Name] is permitted to collect the invoiced amounts in the name of, and on behalf of the Host.
4.5 [Website Name] shall forward the user any data for the use of a Host’s service according to the applicable conditions (such as ticket data), once they have been received by the Host.
4.6 [Website Name] assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Host, as all the information indicated and forwarded is based on data from Hosts or third parties, which [Website Name] cannot check in detail.
5. Payments on [Website Name]
5.1 The service agreement concluded with the Host shall apply to the fees to be paid by the user for the services of the Host.
5.2 [Website Name] is permitted to collect the invoiced amounts in the name of and on behalf of the Host, provided nothing else has been explicitly stated in the Host’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), [Website Name] 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. [Website Name] can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Host. The user can only assert the repayment of a payment to the respective Host. A refund granted by the Host can also be processed by the Host via [Website Name]. To simplify the process for the user, communication via the [Website Name] Platform is recommended.
5.4 To use the payment functions of [Website Name] the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. [Website Name] 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 the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. [Website Name] reserves the right to make the use of the payment function of [Website Name] dependent on a check of the credit rating of the user.
6. Pricing of [Website Name]
6.1 All prices on [Website Name] are quoted per person and include VAT and all other taxes. Local taxes may be charged on-site.
6.2 These prices specified by the Hosts may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7. The best price guarantee of [Website Name]
7.1 [Website Name] would like the user to pay the lowest possible price for the respective service. If the users find the offer they have booked via [Website Name] with the same conditions (town/city, number of people, availability) and at a lower price online, [Website Name] shall pay the user, on a voluntary basis, the difference between the price paid and the lower price found on the internet.
7.2 All special offers and promotional campaigns are marked as such.
8. Duties and obligations of the user
8.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to the [Website Name] Portal using his/her registration data. The user shall be accountable for all use of his/her user account on the [Website Name] Portal.
8.2 After receiving the service information, the user can send any orders to [Website Name] for forwarding to the Host.
8.3 The user shall exempt [Website Name] from third-party claims based on his/her use of the [Website Name] Platform, unless they are the fault of [Website Name].
9. Availability and warranty
9.1 There is no claim for availability, quality or service features, or technical support for the [Website Name] Platform. [Website Name] can redesign, reduce or suspend their online portal at any time, at its discretion. Existing agreements of the user with a Host, as well as the execution of these agreements, remain unaffected by these changes.
9.2 [Website Name] makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Hosts).
9.3 [Website Name] makes no guarantee or warranty for the services provided by the Hosts. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Host.
9.4 Provided [Website Name] does not have any obligation to the user, [Website Name] also provides no guarantee.
10. Liability of [Website Name]
10.1 If [Website Name] 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 Hosts in line with the booking request of the user.
10.2 Without explicit agreement or an assurance of this kind, [Website Name] 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 [Website Name] 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 [Website Name] due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
10.4 The liability of [Website Name] for contractual claims of the user is limited to three times the price of the tourist services procured, except for:
-
any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfillment of the contractual purpose.
-
liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by [Website Name] or a vicarious agent of [Website Name].
-
liability of [Website Name] for other damage incurred by the user due to a grossly negligent breach of duty by [Website Name] or a willful or grossly negligent breach of duty by a legal representative or vicarious agent of [Website Name].
10.5 For ordinary negligence, [Website Name] is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations that need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
10.6 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.
11. Termination
Users can cancel their registration on the [Website Name] Portal at any time by blocking their user account. [Website Name] 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. Evaluation function of [Website Name]
12.1 Users have the opportunity
4o