www.teCRM.net (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
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").
- 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.
- 1.3. At the latest upon registration with teCRM, the User acknowledges the validity of these
- 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
- 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. 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:
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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. This user agreement can be concluded in English language.
- 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.
- 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.
- 4.1. 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
- 4.2. For tour guides the use of the Platform/App and teCRM is free of charge.
5. Duties of the user
- 5.1. The User is obligated to truthfully provide the necessary information for the user account
creation and modification.
- 5.2. The User is obligated to comply with applicable laws and regulations.
- 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.
- 5.4. TRAVELEASY reserves the right to delete any illegal or abusive content of the User
- 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
- 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.
- 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.
- 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
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.
8.1. TRAVELEASY's liability for damages caused by slight negligence, irrespective of its
legal ground, shall be limited as follows:
- (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;
- (ii) TRAVELEASY shall not be liable due to a slightly negligent breach of any other duty of
- 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.
- 8.3. Sections 8.1. and 8.2. shall apply accordingly to TRAVELEASY's liability for futile
- 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
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.
- 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
- 9.3. Any termination must be in written form in order to be valid (e.g. letter or email).
- 9.4. The right of the parties to terminate the user agreement for good cause shall remain
10. Data privacy
- 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.
- 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
- 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.
- 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.
to make adjustments to changes in legal requirements or to expand the services offered.
- 11.2. TRAVELEASY shall inform the User in a timely manner by email of any changes to the
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.
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
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.
- 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.
- 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).