AGB / Terms of use

1 Scope, definitions

(1) For the business relationship between the provider “Charesse TravelTips” (hereinafter referred to as “Provider”), the user (hereinafter referred to as “User”) and the travel advisor (hereinafter referred to as “Travel Advisor”), the following terms of use apply exclusively in the version valid at the time of registration. Deviating general terms and conditions of the user and travel consultant are not recognised unless the provider expressly agrees to their validity in writing. The masculine form of the party names is used uniformly for better legibility. A gender-specific discrimination is not intended by this.

(2) The user is a consumer within the meaning of § 13 BGB (German Civil Code), insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, according to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity.

2 Use of the platform

(1) The use and registration on the platform, as well as the posting of images is free of charge for users who are consumers. The provider reserves the right to charge a fee to commercial users (see § 1 paragraph 2).

(2) The use of the travel advice is subject to a fee for the user (see §5). The provider provides a mediation service through which the user can exchange information exclusively with the travel consultant in order to obtain general and up-to-date travel advice and helpful travel tips.

(3) The mediation takes place via the website https://www.charesse.org (hereinafter referred to as “website”) and telephone/written contact between user, provider and travel consultant.

(4) The mediated information service is provided by the travel consultant.

(5) The customer makes an inquiry to the provider for a travel logger consultation. The provider forwards this request to a travel consultant suitable for the request, who suggests dates. The user can accept this offer by accepting one of the dates.

(6) The information contract is concluded exclusively between the provider and the travel consultant.

(7) The provider can limit or extend the functionality of the platform without the consent of the user or travel consultant.

(8) The provider is not the originator (unless otherwise indicated) of the images and travel consultancy services posted on the website. No guarantee is therefore given that the content posted corresponds to the facts. The responsibility for this lies with the user who submitted the images or the provider of the travel advice service.

(9) The provider is free in the way uploaded images are displayed.

(10) The provider reserves the right to change the terms of use.

(11) If the user is a minor, he/she assures that the consent of the legal guardian to enter into the usage relationship has been obtained.

(12) The provider exercises a mere mediation activity and is therefore not involved in the mediated information contract between the user and the travel logger.

(13) The mediation activity consists in the connection between an inquiry of the user and a travel consultant with the appropriate expertise.

(14) The provider concludes the contract with the user on behalf of the travel consultant.

(15) The provider makes the website and the mediation service available.

3 Affiliate Links

(1) The provider participates in various affiliate programs and earns a commission if the user orders a product or service from the affiliate operator via a link provided by the provider. This does not result in any disadvantages for the user.

(2) The user is referred to the privacy policy on the website of the provider. This explains the data protection details for the use of the affiliate programs.

(3) The Provider assumes no liability for the information provided by the Affiliate Operator, especially not for the prices shown. The Provider does not verify the accuracy of the information provided by the Affiliate Operator. For the rest, reference is made to § 6.

(4) The provider does not become the user’s contractual partner if the user books a service via an affiliate link. The contract is concluded exclusively between the user and the affiliate operator. Claims in connection with an event or booking are therefore to be addressed to the Affiliate Operator. The Affiliate Operator expressly does not offer travel services and does not act as a travel agent.

4 Procedure for arranging appointments, travel blogger advice, payment

(1) Use is reserved for users who have reached the age of eighteen and are legally competent. Legal entities may use the Service in the same way.

(2) The user chooses among the travel bloggers and sends an inquiry form with information about the desired travel consultant or sends a general inquiry about travel consulting via inquiry form to the provider.

(3) The user provides his contact data, under which the provider can reach him for scheduling the consulting service. The contact data will not be passed on to uninvolved third parties.

(4) The appointment agreement is made between the provider and the user

(5) After the user has submitted his request for travel advice to the provider, the user and the travel advisor are mediated by the provider. Upon customer confirmation by the selected provider and receipt of payment for the consultancy service, the user is advised by the travel blogger.

(6) Payment is possible via the following payment methods: On account (advance payment) (for prices see §5).

(7) The proposal of the date by the provider and the confirmation of the date by the user is a contractually binding offer.

(8) If the travel consultant is unexpectedly prevented from attending the agreed date, he/she will immediately inform the provider and propose a replacement date. The user can accept this alternative date or cancel the booking.

(9) The aim of the travel consultation is to present the user with the latest information and tips for the topic chosen by the user and to answer any questions on this.

(10) The means of communication between travel consultant and user are the means of communication chosen by both parties (Skype, telephone, etc.).

5 Prices, commission remuneration for the service travel advice

(1) The fee is based on the duration of the interview and is determined by the travel consultant.

(2) The travel consultant may not demand payment from the user; only the method of payment listed under §4 is permissible for the travel consultation arranged.

(3) If the brokerage is successful, the commission for the provider is 15% of the final price.

6 Right of revocation for travel advice with costs

(1) The user is entitled to a right of revocation for the travel consultation, which is subject to a fee, according to the following provisions, whereby the user is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. The right of revocation exists in connection with the contract concluded between the provider and the respective travel consultant. The provider is entitled to receive the notice of cancellation.

7 Cancellation policy for travel advice

(1) You have the right to revoke this contract within fourteen days without giving reasons.

(2) The revocation period is fourteen days from the date of conclusion of the contract.

(3) In order to exercise your right of revocation, you must inform the provider (Charesse GmbH, Am Zirkus 18, 10117 Berlin) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the sample form below for this purpose.

(4) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

8 Consequences of the revocation of the travel consultation

(1) If you revoke the consultancy contract, the provider must reimburse the user for all payments, excluding commission, immediately and at the latest within fourteen days from the day on which the provider receives notification of the revocation of the contract. For this repayment we use the same means of payment that you used for the original transaction.

9 Sample revocation form for travel advice

(1) If you want to revoke the travel consultation contract, please fill out this form and send it back to Charesse GmbH at info@charesse.de.

Hereby I/we (*) revoke the contract concluded by me/us (*) for the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of the user(s)

– Address of the user(s)

– Signature of the user(s) (only for paper notification)

– Date

(*) Delete as applicable.

10 Cancellation of a booked travel consultation

(1) In the event of a cancellation due to the travel logger’s inability to travel for reasons for which he is responsible, a 20% cancellation fee will be charged to the provider. In case of cancellation due to prevention of the user, which is the fault of the user, 20% cancellation fees are charged to the provider.

11 Other obligations

(1) The users and travel advisors shall meet the obligations within the scope of the use of the travel advice mediated by the provider

not to violate legal regulations;
not to violate the rights of third parties

12 Duties of the user

(1) The user assures that the content transmitted does not violate applicable state and federal law (e.g. no right-wing extremist, anti-constitutional, violence glorifying, defamatory, extremist, child pornographic content) and does not violate the rights of third parties (especially copyrights and trademark rights). A legal examination or assumption of liability by the provider does not take place. It is the user’s responsibility to ensure that his content is lawful and does not violate the rights of third parties. If claims are made against the provider in this respect by third parties, the user shall indemnify the provider from any claims.

(2) The user assures that he has checked the files uploaded to the website for viruses and malware. Should the provider suffer damage due to a virus attack, the user is liable according to the legal regulations.

(3) The user undertakes to provide only truthful information and to incorporate changes without delay, insofar as this is possible and reasonable.

(4) The user is obliged to deal with other users appropriately. In particular, insults, untruthful statements of facts and xenophobic and offensive contributions are to be avoided.

(5) The posting of content serves as inspiration for travel destinations. A placement for other advertising purposes is prohibited.

13 Blocking / deletion of the account

(1) The provider reserves the right to block a user’s account temporarily or permanently and to remove or not publish the user’s content if the user violates the obligations under § 4 or otherwise acts in breach of duty.

(2) If the user demands the deletion of his account, there is no claim to the restoration of previous data by the provider. The deletion cannot be reversed.

14 Rights of use

(1) The user grants the provider the free, temporally and locally unrestricted, irrevocable and non-exclusive right to use, reproduce, modify, adapt, publish, translate, edit, distribute, perform and present the information and data (in whole or in part) including its contents (e.g. images) transmitted by the user worldwide.

(2) The user has the right to have transmitted content deleted if it contains personal data (e.g. recognizable faces, names, contact data). To have the content deleted, it is necessary to contact the provider.

 

15 Liability of the Provider

(1) Claims of the user for damages are excluded. Excluded from this are claims for damages of the user from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as the liability for other damages, which are based on an intentional or grossly negligent breach of duty of the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the user’s claims for damages are based on injury to life, body or health.

(3) In particular, the provider is not liable for the correctness of the information provided on the website regarding events and happenings. Should a user suffer damage during an event, he must contact the organiser or, if there is no organiser, contact the natural or legal person who caused the damage. The provider does not conduct any events.

(4) The restrictions of paragraphs 1 to 3 also apply in favour of the legal representatives and vicarious agents of the provider if claims are made directly against them.

(5) The limitations of liability resulting from paragraphs 1 to 3 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the user have reached an agreement on the quality of the item.

16 Data protection

(1) The user agrees to the storage of personal data within the framework of the legal relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the execution of the user relationship or unless consent has been obtained.

(2) If the user transfers personal data from third parties, the user assures that the consent of the third party has been obtained. The user indemnifies the provider from any claims of third parties in this respect.

(3) The rights of the user or of the person affected by the data processing result in particular from the following standards of the DSGVO:

Article 7 para. 3 – Right to revoke a data protection consent
Article 15 – Data subject’s right of access, confirmation and the right to receive a copy of the personal data
Article 16 – Right of rectification
Article 17 – Right of cancellation (“right to be forgotten”)
Article 18 – Right to restrict processing
Article 20 – Right to data transferability
Article 21 – Right of objection
Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
Article 77 – Right of appeal to a supervisory authority

(4) In order to exercise the rights, the user or data subject is requested to contact the provider by e-mail or, in the event of a complaint, to contact the competent supervisory authority.

(5) Reference is made to the data protection declaration on the provider’s website.

17 Dispute Settlement

(1 ) The EU out-of-court online dispute resolution platform is available at the following Internet address:

https://ec.europa.eu/consumers/odr/

(2) The supplier is neither willing nor obliged to participate in a dispute settlement procedure before a consumer dispute settlement body.

18 Final provisions

(1) The law of the Federal Republic of Germany shall apply to legal relations between the provider and the user, excluding the UN Convention on Contracts for the International Sale of Goods. The legal regulations for the restriction of the choice of law and for the applicability of mandatory regulations, in particular of the state in which the user as a consumer has his habitual residence, remain unaffected.

(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and the provider and the place of performance shall be the provider’s registered office.

(3) The terms of use remain binding in their remaining parts even if individual points are legally ineffective. In place of the ineffective points, the legal regulations, if any, shall apply. However, if this would represent an unreasonable hardship for one party, the terms of use shall become ineffective as a whole.

Charesse GmbH 2020