General Terms and Conditions

Version 03/01/2022
These General Terms and Conditions (hereinafter: "GYG GTC") govern the use of the GetYourGuide online mediation platform, which can be accessed, among others, at the URLs, all other country websites (collectively "GYG Website") and the local and mobile apps and applications (hereinafter collectively "GYG Platform").

1. About us

We, GetYourGuide Deutschland GmbH, registered address Sonnenburger Straße 71-75, 10437 Berlin, Germany, registered with the Charlottenburg Local Court under HRB 132059 B, ("GetYourGuide" or "we" or "us") are the operator of the GYG Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.
We operate the GYG Platform as an intermediary platform on which tours and Activities (collectively "Activity" or "Activities") are offered online by a variety of local Suppliers around the world ("Suppliers"). We act as a commercial agent for the Suppliers. The descriptions and illustrations of these Activities originate from the respective Suppliers. We therefore have no direct influence on the scope of such content.

2. Scope

2.1 These GYG GTC apply to all visitors to the GYG Platform and to all content within the offered operating systems (currently iOS, Android) ("Users"). As soon as you use the GYG Platform, you are obliged to comply with these GYG GTCs. Therefore, please read them carefully before your first use.
2.2 These GYG GTC are directed exclusively at consumers and entrepreneurs within the meaning of the §13 BGB (German Civil Code). They are available online and apply to all of our services or performances, unless more specific regulations prevail. Should this be the case, we will make this clear at the appropriate time. Any terms and conditions of the user that conflict with, or deviate from these Terms of Use shall not apply unless we have expressly agreed to them in writing.
2.3 The use of the GYG platform is only for you personally, i.e. you may not use it under any circumstances for other business purposes. Keyword: Reselling tickets is an absolute NO GO! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.

3. What we do

3.1 You can view Activities anonymously on the GYG platform. The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing and other services. The contract for the provision of the activity is concluded exclusively and directly between you and the Supplier ("Service Agreement"). On the side of the Suppliers, the contracts are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions between the Suppliers and the Users, e.g. you, and for the account of the Suppliers and to collect payments from the Users. We do not offer any Activities ourselves and therefore do not become your contractual partner of the Service Agreements. We do not act as the organizer, the landlord, seller or other contractual partner in relation to the Service Agreement with you.
3.2 You can filter the list of activities by different parameters. The discovery wizard will show you activities that match your criteria and are offered by a specific provider. If more than one provider is able to offer a tour that matches the criteria entered in the discovery wizard, the provider is again selected based on the factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.
3.3 In the interest of a fast and smooth process - you may ask questions about your booking to the GetYourGuide customer service. For this purpose you can find various forms on Contact us ⎸GetYourGuide, as well as through our hotline. As commercial agents, we support the Suppliers in this process, we usually answer within 24 hours, or at the latest usually within 48 hours. The communication between you and the Supplier can be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher.
3.4 We reserve the right to make the use of the GYG Platform, individual functions of the GYG Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the customer (e.g. in the case of prior bookings) or to make it dependent on the presentation of certain proofs (e.g. proof of identity, purchase, payment or ownership). We reserve the right to restrict your booking Activities in the case of suspected fraud, violation of these GYG GTC and violation of obligations under the Service Agreement, which become known to GetYourGuide.
3.5 . We are not obligated to improve, extend (updates/upgrades) or make available the content, functions and services provided via the GYG Platform. We may discontinue our services and performances at any time, there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, section 5.3 applies to you, i.e. the Service Agreement.

4. Registration and GYG account

4.1 Although registration is not required, you must register with us in order to use all features, for example, the "Wish List".
4.2 In order to set up the GYG account, you must enter your full legal name and email address in the registration form on the GYG platform and set a password. You must keep this data secret so that no third party has access to your account. By clicking on the button "Register now" you accept these GYG terms and conditions. After clicking the button "Confirm email" you will receive a confirmation ‘welcome’ email from GetYourGuide. Your GYG account has now been created.
4.3 You may only create one GYG account for yourself. You may not transfer the account to anyone else.

5. Conclusion of contract with GetYourGuide- User Agreement

5.1 The subject matter of the contract with us as the contracting party, is the use of the GYG platform free of charge (“User Agreement”).
5.2 The contractual relationship between you and us comes into effect as soon as you click the "Install" button on the product description page of the respective app store and, if applicable, enter your respective password or as soon as you use the website. The contract for the use of the GYG Platform is concluded for an indefinite period of time and you may terminate it at any time. A blocking, termination or deletion of the customer account is possible at any time via the GetYourGuide customer service by phone or via the contact form under "Delete account". The contact details can be found at Contact us ⎸GetYourGuide.
5.3 GetYourGuide may unilaterally terminate the contract on the use of the GYG Account at any time with a notice period of one week. However, the termination will only become effective as soon as the already established Service Agreements have been executed. The right to extraordinary termination remains unaffected.

6. Conclusion of contract with the Supplier - Service Agreement

6.1 If you select and purchase a Supplier's activity on the GYG platform, you conclude a contract with the Supplier. When concluding the contract, we act as the commercial agent of the Supplier. After checking the availability of the activity, you add the respective activity to the shopping cart by clicking the button "Add to cart". After clicking the button "Checkout", you will be asked for further mandatory information, in particular the payment method, which must be completed.
6.2 By clicking the button "Book now" at the end of the ordering process, you submit a binding offer to conclude a Service Agreement with the respective Supplier. You are bound to the offer for two working days. After receipt of the offer, we will send you an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the Service Agreement.
6.3 The Suppliers may provide their own terms and conditions in their respective offer on the GYG platform ("Supplier T&Cs"). Please read these Supplier terms and conditions carefully, because they may contain important information for you, e.g. regarding cancellation options or conditions. If there is a contradiction in conditions, the one that is more beneficial to you shall apply.
6.4 We accept the contract offer in the name and on behalf of the Supplier once you receive a booking confirmation issued in the name and on behalf of the Supplier and, if applicable, a voucher and a payment confirmation. We reserve the right to accept or reject contract offers at our sole discretion.
6.5 The contract between you and the respective Supplier is not set out in a separate contract text. The content of the contract results from the ordered product (i.e. the description of the activity selected by you), these GTC and - if available - the Supplier GTC.
6.6 You must immediately check the order confirmation to ensure that all data has been entered correctly.
6.7 ATTENTION: In the case of contracts for tourist services that were concluded at a distance - such as Service Agreements with Suppliers that you have booked through us - there is NO right of withdrawal in accordance with § 312g para. 2 p. 1 No. 9 BGB (Civil Law), you are only entitled to the statutory rights of cancellation and termination. If applicable, you are also entitled to contractual cancellation rights as described under 12.

7. Prices (Suppliers)

7.1 All prices quoted are inclusive prices, i.e. all taxes are already included. However, it is possible that additional local taxes (e.g. local tax) are levied locally. We have no influence on this.
7.2 The booking prices set by the Suppliers may be subject to special provisions, for example, with regard to cancellations and the refund of payments made. You must independently check before booking whether the respective Supplier prescribes deviating conditions.
7.3 We receive a commission from the Supplier for brokering the Service Agreement.

8. Customer service / Best Price Guarantee from GetYourGuide

8.1 You can reach our customer services team at Contact us ⎸GetYourGuide, we are available by phone, chat or email.
8.2 If you find the activity booked via the GYG platform (i) with the same conditions (date, city, number of persons) and (ii) with the same services (iii) at a lower price on the Internet (iv) bookable with the same Supplier and prove this to us, we will pay you the difference between the lower price booked via GetYourGuide and the lower price found and available by you on the Internet.
8.3 To make use of this best price guarantee, you must send us the link (and/or a screenshot of the alternative offer) upon request. We will then check this and should the price actually be lower, pay the difference, whereby this payment can also be made by means of a voucher.
8.4 All special offers and discount promotions are marked as such.

9. Payment at GetYourGuide

9.1 The price offered on the GYG platform ("Booking Price") shall apply to the Supplier's services. Unless otherwise agreed, the booking price for the services of the Supplier is payable immediately upon booking by the user. For selected Activities, you may be able to choose the "Book now, pay later" feature. This is only possible with a credit card that is valid at least until the date of the selected Activity - to find out, we will charge 0 EUR to your credit card when you complete your booking. 72 hours before the start of the Activity we will debit the booking price. If the credit card charge fails, you have 47 hours to make the payment manually. If this fails and the payment is not made, we will automatically cancel the Activity you booked.
9.2 GetYourGuide is entitled to receive the invoiced amounts in the name of and on behalf of the Supplier (as a commercial agent), unless otherwise expressly stated in the Supplier's invoice. With the successful payment to GetYourGuide, you have fulfilled your payment obligations towards the Suppliers with a discharging effect. If claims are to be paid by the user in a currency other than their local currency (foreign currency claim), GetYourGuide may (in its role as a commercial agent) demand payment in the user's local currency and convert the foreign currency claim at the current exchange rate at the time of the conclusion of the contract. For highly volatile currencies, we may charge a reasonable exchange fee.
9.3 We are your contact in connection with a Service Agreement and its remuneration as the commercial agent of the Supplier. If you wish to claim a refund of the booking price outside of our cancellation policy, e.g. because you believe that you are entitled to it due to a timely cancellation, you may contact us. We will then contact the respective Supplier. A refund granted by the Supplier can be processed by the Supplier through us.
9.4 You must provide payment information truthfully and update it immediately in the event of changes we can reject by a means of payment specified by you. The means of payment permitted for the respective service will be displayed to you in the order process. Please note the terms and conditions of the payment service Supplier, which apply. Your payment service Supplier may charge additional fees. You are required to confirm to us that you are authorized to use or have the right to use a payment method you use.
9.5 In some cases you will not pay the booking price to GetYour Guide, or directly to the Supplier, but to another company that we have appointed to process the payment as a sub-agent. For example, if you live in the USA or use a credit card issued in the USA for payment, GetYourGuide Operations Inc, one of our subsidiaries, will process the payment. These payments are subject to the same terms and conditions as payments made directly to us, so nothing changes for you. You will have also fulfilled your payment obligations with the successful payment to the commissioned company with a discharging effect towards the providers. If you have questions relating to payment, you can contact our local customer service team via Contact us ⎸GetYourGuide.

.6 By authorizing payment, you consent to your payment information being used to collect payment for the Supplier. We reserve the right to make the use of the payment function or individual payment methods on the GYG platform dependent on a check of the required creditworthiness.

10. Implementation of the Activity (Service Agreement)

10.1 You must arrive on time at the meeting point indicated by the Supplier. Please also take note of the Supplier’s terms and conditions. If you are traveling to the activity from abroad, you are responsible for the necessary travel documents (passport, visa, etc.) and compliance with health requirements, etc.
10.2 The booking price of the services does not include insurance. You are responsible for sufficient insurance coverage. The insurance requirement depends on the booked activity.
10.3 For time and deadline calculations, the time zone of the Supplier shall be decisive.

11. Cancellations

11.1 You may only cancel the Service Agreements in accordance with the cancellation conditions as stated in the Supplier T&Cs, the description of the Activity on the GYG Platforms or on any voucher issued for the Activity.
11.2 To avoid misunderstandings, you must make changes and cancellations via the GYG platform, unless otherwise agreed. A cancellation can be made via the form available at Contact us ⎸GetYourGuide. The change or cancellation must be made in good time; what is "in good time" depends on each individual case. Therefore, it is very important that you carefully read all terms and conditions, especially the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by GetYourGuide. If these conditions are met, we will issue a cancellation confirmation on behalf of the Supplier. This will serve as proof of the cancellation and therefore must be kept.
11.3 We can notify you of changes on behalf of the Supplier, especially if at short notice, by your provided telephone number and by sending changes to your email address.
11.4 If there are no different cancellation conditions in the description of the Supplier's activity, in the Supplier T&Cs or on a Voucher, the following cancellation conditions shall apply:
a) For cancellations more than 24 hours before the start of the activity: full refund of the booking price
b) For cancellations 24 hours or less before the start of the activity or in case of no-show: no refund of the booking price.
11.5 You always have the option to prove to the Supplier that he has not incurred any damage at all or that the damage is significantly lower than the cancellation fees demanded by the Supplier.

12. Further rights of the Supplier (Service Agreement)

12.1 The Supplier may cancel the Activity on the agreed date without observing a cancellation period if weather conditions, official measures, strikes or other external circumstances that are unforeseeable or can only be averted by disproportionate efforts on the part of the Supplier and are beyond the Supplier's control (in particular events of force majeure) make it impossible or significantly impede or endanger the performance of the activity. In this case, the booking price paid for the canceled Activity will be refunded.
12.2 The Supplier may exclude you from an Activity if you do not meet the requirements for participation required on the GYG Platforms. Also, if you would endanger yourself or others through your participation, or if you disrupt the implementation of the activity in any other way. In these cases, the booking price paid for the activity will not be refunded.
12.3 The Supplier may make immaterial changes to the program at any time if this appears necessary due to circumstances arising at short notice. Insignificant program changes also include a change of the starting/meeting point for the tour, provided that the new meeting point can be reached by the customer from the originally agreed meeting point on foot or by public transport within 15 minutes. A change of the start/meeting point is possible up to 24 hours before the start of the booked activity and will be communicated to you by email or displayed via the GYG platform.

13. Reviews and User content

13.1 We offer you the opportunity to view reviews written by other users or supplementary content and images about the activity on the GYG platform. These reflect the personal opinion of any respective user from a specific point in time and are therefore shaped by personal ideas and expectations. It must also be noted that the activity offered may have changed since the content or the rating was posted. The number of ratings given should also be taken into account, as a single opinion is often less meaningful than the synopsis of a large number of ratings.
13.2 You can personally influence the content of the GYG Platform by writing reviews of Activities for which you have paid, or, if applicable, by posting pictures ("User Content"). You are fully responsible for the User Content you post. It is strictly forbidden to post User Content on the GYG Platform that:
is untrue or misleading, in particular make false and/or unobjective assessments of Activities or other circumstances/events there that could influence the decision of other users,
openly or covertly advertises products, services or companies; in particular, provides reviews, insofar as the user is offered remuneration for this action, or provides reviews of the Activities of a Suppliers for whom the user himself is active, or
contains links or similar information/references that are likely to impair the functioning of third-party data processing systems.
13.3 Furthermore, you are obligated to ensure that you are entitled to the necessary rights of use for images before uploading the user content. In particular, images or photos with persons other than may only be uploaded to the GYG platform if the consent of these persons is available. If you want to use pictures that have been taken by a person other than yourself, you also need the consent of this person.
13.4 The public accessibility of the User Content may not violate legal provisions, morality and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible any User Content with depictions of violence, pornography, discrimination, insults, racism, defamation or other illegal content or depictions.
13.5 We do not adopt the User Content as our own in any way or context.
13.6 We may use the User Content in various ways. This includes, but is not limited to, displaying it on the GYG Platform, reformatting it, editing it for clarity or better grammar, including it in or alongside advertisements or other works.
13.7 We may remove or repost User Content as necessary and at our sole discretion. For example, GetYourGuide may remove User Content if, in our opinion, it violates our obligations under Sections 14.2-14.4. We are not obligated to keep copies of User Content or to provide such copies.
13.8 GetYourGuide, its affiliates, sub-agents and their (distribution) partners, may display advertisements and other information next to or together with the User Content on the GYG Platform as well as on other media. You are not entitled to any compensation for such advertisements. We reserve the right to make changes to the type and scope of such advertising measures; we will not notify you of such changes.

14. Data protection

14.1 We always process your personal data in accordance with the legal regulations.
14.2 You can find detailed data protection information here.

15. Indemnification

15.1 You shall fully indemnify us for all damages, costs and expenses (including reasonable legal defense costs) incurred by us as a result of:
15.1.1 your culpable misrepresentation, act or omission in connection with your use of the GYG Platform;
15.1.2 culpable non-compliance with these Terms of Use on your part; or
15.1.3 claims asserted by third parties arising out of or in connection with your culpable access to or use of the GYG Platform that are not in accordance with these Terms.
15.2 Damages in the sense of clause 16.1 also include compensation to which we are exposed to our vicarious agents or assistants because of the occurrence of one of the events described in clauses 16.1.1. to 16.1.3..
15.3 The above obligations shall only apply if you are responsible for the infringement in question, i.e. you have acted intentionally or have disregarded the due care required in the course of trade.

16. Liability

16.1 Except as set forth in Section 17.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a fundamental contractual obligation. A "material contractual obligation" under these Terms of Service is an obligation, the performance of which is essential to the proper performance of these Terms of Service and the breach of which jeopardizes the purpose of these Terms of Service and its performance upon which you as a user may regularly rely. Loss or damage is typically foreseeable if it was typically foreseeable at the time these GYG Terms and Conditions were accepted. We exclude our liability and the liability of vicarious agents for damages caused by a negligent breach of a non-essential contractual obligation.
16.2 Nothing in these Terms and Conditions shall exclude or limit the liability of us or our agents or servants for gross negligence,intent,death, personal injury or fraud. Likewise, any further-reaching mandatory statutory rights as a consumer shall remain unaffected.
16.3 The above limitations of liability do not apply if we fraudulently conceal a circumstance to the standard of the GYG platform or should guarantee a certain functionality. The same applies to any claims of the User under the Product Liability Act.
16.4 No liability shall exist in cases of force majeure, including but not limited to: failure of electronic or mechanical equipment or communications, acts of third parties (including denial of service attacks and excessive or abusive use of the GYG Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator error, fire, severe weather including floods, regulatory or other acts of regulatory, governmental or supranational authorities, war, riots or labor disputes.

17. Assignment

You may not transfer, assign or otherwise deal with your rights and/or obligations under these Terms, except for any claim for damages.

18. Severability clause

Should individual provisions of these GYG GTC be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions of these GYG GTC that are not included or are invalid. If such statutory law is not available in the respective case or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.

19. Final provisions

19.1 For the purpose of fulfilling the contract and exercising rights due to us under this contract, we may use other GetYourGuide companies and third parties as vicarious agents.
19.2 We may amend or adjust these Terms of Use in the future, e.g. to take into account changes in the law, changes in the conditions of content procurement or regulatory gaps; as far as our paid services are concerned, we will only amend or adjust these Terms of Use in the future if there are external circumstances that force us to do so, e.g. to take into account changes in the law, changes in the services of our contractual partners or regulatory gaps. We will then inform you of this in good time and in an appropriate manner. If you object, we or you can terminate the contract with immediate effect.
19.3 All declarations transmitted within the framework of the agreement between GetYourGuide and You must be made in writing or text form (e.g. by email).
19.4 The online dispute resolution platform of the European Commission can be accessed here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
19.5 For consumers, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory statutory consumer provisions of your country, i.e. the country in which you predominantly reside, are more favorable to you. In this respect, these more favorable provisions of your country shall apply.