The following general terms of use constitute the basis for the use of the internet platform (hereinafter referred to as "Platform") and of the corresponding mobile app for tour guides (hereinafter referred to as "App") of the company TRAVELEASY GmbH, Frankfurter Str. 71-75, 65760 Eschborn (hereinafter referred to as "TRAVELEASY") and of the services offered there.

1. Scope of application, approved customers

  1. 1.1. These general terms of use (hereinafter referred to as "Terms of Use") shall apply to this and any further agreement concluded between participating tour operators and/or tour guides (hereinafter together referred to as "User" or "Users") and TRAVELEASY regarding the use of the Platform and the provision of the service "TRAVELEASY CRM" to Users via the Platform and, where applicable, the App (hereinafter referred to as "teCRM").
  2. 1.2. The version valid at the time of the conclusion of the user agreement shall be applicable in each case. Any other terms and conditions of the User shall only apply if they have been expressly acknowledged in writing by TRAVELEASY.
  3. 1.3. At the latest upon registration with teCRM, the User acknowledges the validity of these Terms of Use.
  4. 1.4. Users may register for the Platform only if they act as an entrepreneur or within the scope of an activity as a self-employed person. The same applies to the registration of tour guides for the App.

2. Services offered

  1. 2.1. With teCRM, TRAVELEASY offers CRM services via the Platform for Users as well as registered retailers and other dealers (hereinafter referred to as "Dealers") for the easy management, calculation and processing of commissions incurred by the purchase of selected merchandise by Chinese tourists at participating Dealers.
  2. 2.2. teCRM enables Users to calculate and track such commissions that may incur when tourists use the value-added tax (VAT) refund service Tax Free Easy rendered by TRAVELEASY to Dealers ("Tax Free Easy Service") when making on-site purchases at Dealers' shops. Tourists' use of the Tax Free Easy Service is as follows:

    1. a) Per each tour group tour operators make available an (blue coloured) electronic card via the Platform which is labelled with a QR code containing non personal travel information on the tourist's tour group trip including a tour group ID (hereinafter referred to as "Trip Card").
    2. b) When the Trip Card is available on the Platform, tour guides may assign to the Trip Card via the Platform or the App. Dealers may access Trip Card information to be informed about the planned visit of the tourist groups cleared for them under the heading "tour group" at any time.
    3. c) When making on-site purchases at participating Dealers' shops the tourist can create a printable / paperbased VAT refund form required for the Tax Free Easy Service (hereinafter referred to as "Tax Refund Form") by using the TRAVELEASY mobile application for tourists to use the Tax Free Easy Service ("Tax Free Easy App"). For this purpose tourist downloads the mobile application for tourists to use the Tax Free Easy Service ("Tax Free Easy App") or the corresponding plugin available in the widely used Tencent App WeChat (hereinafter referred to as "Tax Refund Card Plugin") on his/her mobile device and registers there for the (black colored) electronic Tax Refund Card (hereinafter referred to as "Tax Refund Card"). This is in each case possible by either scanning the Trip Card being displayed and provided to the tourist on the assigned tour guide's mobile device, or filling in the registration information in the Tax Free Easy App or Tax Refund Card Plugin completely manually.
    4. d) Once the tourist has successfully registered by providing certain personal data, the Tax Refund Card, containing a unique ID number assigned to the respective individual tourist (hereinafter referred to as "Tax Refund Card ID"), is automatically generated and stored in the system on which the Platform and the App are based.
    5. e) When paying for the purchase at the checkout, the tourist presents the Tax Refund Card on his mobile device to the Dealer. The Dealer then usually scans the same together with the Tax Refund Card ID and enters the purchase details relevant for the VAT refund under the Tax Free Easy Service.
    6. f) Together with the Tax Refund Card ID this information is used to create a pre-populated Tax Refund Form which is printed by the Dealer and handed out to the User for presentation to customs authorities in the course of the VAT refund process upon departure from the EU.
  3. 2.3. After the purchase have been made, the Dealer transmits financial details on the purchase without any personal reference to the Platform, including the turnover generated from on-site purchases by assigned tourist groups. On the basis of this turnover, teCRM automatically calculates the commission for tour guides and tour operators and displays it. Users may view relevant statistical finance data generated on the Platform, such as sales and commission figures, and prepare billing statements to the Dealer based on these data.

3. Conclusion of agreement, information on agreement conclusion and contractual relationships

  1. 3.1. The presentation of teCRM on the Platform/App or in other media does not constitute a binding offer of TRAVELEASY. Instead, the User is given the opportunity to submit a binding offer on his part to conclude a user agreement by clicking the button "Registrieren" and in this way submitting the registration request. Before submitting his registration request the User can review the information provided within the registration process by means of the displayed registration overview and may correct such information at any time.
  2. 3.2. After receipt of the registration request, the User will receive a confirmation of receipt by email sent to the email address indicated by him. This confirmation of receipt does not constitute an acceptance of the offer. TRAVELEASY reserves the right to review and to not accept the registration. The user agreement shall not be concluded until the User has received from TRAVELEASY another email declaring that his offer is accepted. If the User does not receive such an acceptance email within one week, the User’s registration shall be deemed not accepted.
  3. 3.3. This user agreement can be concluded in English language.
  4. 3.4. The text of the user agreement will be stored by TRAVELEASY after conclusion of the agreement but will no longer be accessible to the User.
  5. 3.5. The Dealers and the respective Users shall conclude the contracts for the commission payments independently of the use of the Platform and teCRM. A contractual relationship with regard to the acquisition of tourists and/or the payment of corresponding commissions shall materialise solely between the Users and the Dealers, respectively. There shall be no claims whatsoever against TRAVELEASY concerning this contractual object.

4. Fees

  1. 4.1. TRAVELEASY offers tour operators a free trial period of three months from the conclusion of this user agreement. After the trial period, a further user agreement between TRAVELEASY and the respective tour operator is required for the continued use of the Platform and teCRM which shall be entered into before the end of the trial period. The continued use of the Platform and teCRM may be subject to a charge under certain circumstances, with the usage fees and the payment terms being determined between TRAVELEASY and the respective tour operator in the further user agreement. If the parties do not arrive at a mutual agreement, then the user agreement and the possibility of using the Platform and teCRM shall end at the expiration date of the three-month trial period, without the need for a separate termination notice pursuant to Section 9 (Duration of the user agreement / termination) of these Terms of Use.
  2. 4.2. For tour guides the use of the Platform/App and teCRM is free of charge.

5. Duties of the user

  1. 5.1. The User is obligated to truthfully provide the necessary information for the user account creation and modification.
  2. 5.2. The User is obligated to comply with applicable laws and regulations.
  3. 5.3. The User is prohibited from using the Platform/App and teCRM in an improper manner. Improper use means in particular cases where technical tools or methods are being deployed during the use of the Platform/App and teCRM which impair or might impair their functionality (e.g. scripts, bots or other software). It shall be also considered improper use to (i) replicate or imitate the Platform/App or modify the Platform/App or any of its content in any way, or create derivative works thereof; (ii) use any visual elements from the Platform/App separately from any accompanying text or vice versa; (iii) remove any copyright, trade mark or other proprietary notices from any content that the User downloads from the Platform/App or copies of such content; (iv) use or incorporate into other works any content from the Platform/App for other purposes than expressly permitted herein, except with TRAVELEASY's advance written authorization; (v) use the Platform/App or any of its content in an unlawful or infringing manner; (vi) decompile, reverse engineer, disassemble, or otherwise use technical means to investigate or replicate the code or functionality of the Platform/App or any of its content; or (vii) allow third parties to use the Platform/App or any of its content (such permission can only be granted by TRAVELEASY). If there is evidence of improper use, TRAVELEASY reserves the right to exclude the concerned User with immediate effect from the use of the Platform/App and teCRM.
  4. 5.4. TRAVELEASY reserves the right to delete any illegal or abusive content of the User immediately.
  5. 5.5. The User shall administer passwords and other access data at his own responsibility and is obligated to protect the access data for his user account on the Platform/App against unauthorized disclosure to third parties. The User shall notify TRAVELEASY immediately as soon as he finds out that the access data are known to unauthorized third parties. Furthermore, the User is obligated to change the access data immediately if there is reason to believe that third parties might have become aware of them.

6. Usage rights

  1. 6.1. TRAVELEASY grants the User a simple, non-sublicensable, non-transferable right to use the Platform/App and teCRM, limited to the duration of the user agreement.
  2. 6.2. teCRM is a service which is provided by accessing one or more servers of TRAVELEASY. An assignment of the software does not occur.
  3. 6.3. The above rights shall also apply to any modifications in terms of new versions, updates or other changes to the Platform/App and teCRM carried out during the duration of the user agreement.

7. Availability of the services

TRAVELEASY endeavours to ensure the availability of teCRM at an annual average rate of 99%. TRAVELEASY will constantly continue to develop the Platform/App itself, but also the security of the Platform/App, by means of extensions or improvements which may temporarily lead to a limited availability of the Platform/App and teCRM under certain circumstances. Also, events beyond the control of TRAVELEASY may lead to such a limitation of teCRM availability. If maintenance work is carried out which results in a reduced availability of the Platform/App and teCRM, this shall be communicated to the User. Due to a lack of technical equipment and/or insufficient data quality on the internet, such limitations may occur as well on the part of the user. TRAVELEASY shall be entitled to temporarily restrict the availability of the Platform/App and teCRM at any time if this is necessary for reasons of capacity, for reasons of security or for the execution of other technical measures. Performance shortcomings that are not the responsibility of TRAVELEASY are excluded from the warranty.

8. Liability

  1. 8.1. TRAVELEASY's liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:

    1. (i) TRAVELEASY shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
    2. (ii) TRAVELEASY shall not be liable due to a slightly negligent breach of any other duty of care applicable.
  2. 8.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent TRAVELEASY has assumed a specific guarantee.
  3. 8.3. Sections 8.1. and 8.2. shall apply accordingly to TRAVELEASY's liability for futile expenses.
  4. 8.4. TRAVELEASY shall not be liable – subject to the above provisions – for the accuracy and completeness of the information and content provided on the Platform or on third-party websites which are linked or referred to on the Platform/App.

9. Duration of the user agreement / termination

  1. 9.1. User agreement between TRAVELEASY and the tour operators

    The user agreement entered into for the use of the Platform/App and teCRM between the tour operators and TRAVELEASY shall initially be limited to the trial period of three months from its conclusion. Any further use shall require a separate agreement.

    Unless expressly agreed otherwise, the further user agreement following the three-month trial period shall be entered into for an indefinite period and may be duly terminated by either party with a notice period of 30 days to the end of each month. The associated user account will be deleted on the effective date of termination.

  2. 9.2. User agreement between TRAVELEASY and the tour guides The user agreement between TRAVELEASY and the tour guides shall be entered into for an indefinite period and may be duly terminated by either party with a notice period of 30 days to the end of each month. The associated user account will be deleted on the effective date of termination.
  3. 9.3. Any termination must be in written form in order to be valid (e.g. letter or email).
  4. 9.4. The right of the parties to terminate the user agreement for good cause shall remain unaffected by the provisions of these Terms of Use.

10. Data privacy

  1. 10.1. Both the respective User and TRAVELEASY act as separate data controllers and therefore are each responsible and accountable for ensuring compliance of any processing of personal data with respectively applicable data protection laws.
  2. 10.2. Before transmitting or otherwise making available any personal data to TRAVELEASY via the Platform/App or teCRM, the respective User shall assess with reasonable care and ensure that such transmission or other disclosure is compliant with applicable data protection laws.
  3. 10.3. TRAVELEASY shall process personal data transmitted or otherwise made available by the User via the Platform/App or teCRM solely for purposes of performing the contractual relationship with the User (including fulfilling the contractual obligations of the user agreement, invoice processing, communication, and legal and compliance activities) as well as for other purposes permitted by applicable data protection laws.
  4. 10.4. To the extent that it is necessary for the proper performance of the user agreement, the personal data made available by the User may be disclosed to the respective contractual partners of the parties.

11. Modifications of the Terms of Use

  1. 11.1. TRAVELEASY reserves the right to make changes to these Terms of Use, for example to make adjustments to changes in legal requirements or to expand the services offered.
  2. 11.2. TRAVELEASY shall inform the User in a timely manner by email of any changes to the Terms of Use. The changes shall become effective if the User does not object to them within 14 days of the receipt of the information. The User will be separately alerted in the email about the possibility of objection and the time limit for it.
  3. 11.3. Should the User object to the modifications of the Terms of Use, then TRAVELEASY shall have the right to terminate the user agreement and to settle the contractual relationship at the end of the respective accounting period.

12. Final provisions

  1. 12.1. If individual parts of these Terms of Use should be or become invalid, then the validity of the remaining provisions shall not be affected hereby. In such a case, the contracting parties shall replace invalid provisions by such provisions which come as close as possible to the economic purpose of the invalid provisions.
  2. 12.2. If the User is a merchant, legal entity of public law or of special fund under public law, exclusive place of jurisdiction for any disputes arising from the contractual relationship shall be the head office of TRAVELEASY.
  3. 12.3. The laws of the Federal Republic of Germany shall apply, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).