weekengo GmbH (weekend.com) provides a search engine for hotels and flights that finds low-priced offers from various providers on different hotel and flight booking sites. weekengo GmbH is therefore neither a travel agent nor a tour operator.
1. weekend.com is Not a party to travel purchase agreements
The Services operate purely as a search engine to compare prices of flights and hotel stays that are offered or arranged by third parties. It searches through different hotel websites, websites of online travel agencies and tour operators and also airlines ("Third-Party Providers") to show users the least expensive possible combinations for their weekend trip. The Services offer the option to customise the search using individual criteria. weekend.com is solely the operator of the search engine usable by means of the Services and will not become a party to any contract in the event that flight or hotel services are then booked. After using the search functions, you as a user have the option to book the selected flight and hotel services directly with the respective Third-Party Provider. weekend.com solely provides the technical capabilities for finding the deals as well as the technical connection for directing you to the booking website of the Third-Party Provider. weekend.com does not guarantee the accessibility of the website of the Third-Party Provider.
1.1 Solely the respective Third-Party Provider is responsible for the bookings made via the Third-Party Provider's booking website. The booking is subject to the Third-Party Provider's respective terms and conditions and data protection provisions as well as any other terms and conditions of the service provider (such as transport conditions of the airline, GTCs of the hotel). As a result, any part of an actual or potential transaction, including the quality, condition, safety or legality of the flight and hotel services advertised, the accuracy of the listing content, and the availability of a flight or hotel service is solely the responsibility of the user. WEEKEND.COM IS MAKING NO REPRESENTATIONS AND DOES NOT ENDORSE the quality or safety of any flight or hotel service and you agree that any and all transactions you enter into using the Services are at your own risk. We urge you to be responsible about your use of the Services.
1.2 Since weekend.com is not a party to a contract for any flight and/or hotel services booked with the Third-Party Providers via the Services, any rights arising in connection with the booking shall be asserted by you as a user solely towards the respective Third-Party Provider as a party to the contract. In this context weekend.com also does not provide any communication whatsoever, nor does it forward such communication to the Third-Party Providers.
1.3 The Services show content, prices, availability and other information provided by the respective Third-Party Providers. weekend.com does not assume any liability for the accuracy and timeliness of such information. Rather, such information is accessed by the Third-Party Providers' websites and data interfaces at regular intervals and is shown to users with the status of the last time such information was accessed. Due to fluctuations that may occur in the meantime, which are constantly possible in terms of hotel and air fares as well as availability, it is therefore possible that the prices and data displayed may not be the most current. Moreover, additional fees may be charged by the Third-Party Provider that are beyond the reasonable influence of weekend.com.
1.4 Please be aware that travel to certain destinations may involve greater risk than others and we urge all users to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, http://www.tsa.gov, http://www.dot.gov, http://www.faa.gov, http://www.cdc.gov, http://www.treas.gov/ofac and http://www.customs.gov.
BY LISTING INFORMATION RELEVANT TO TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, WEEKEND.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
2. Basic Terms
2.1 Responsibility of the user
As a user, you acknowledge and agree that the flight and hotel services found via the Services and reserved with Third-Party Providers are independent travel services and do not constitute a package tour. You are directly responsible for combining the various travel services. It is possible that different terms and conditions apply to each travel service. Furthermore, changes made to one booking will have no impact on the other booking. The cancellation of an outbound flight, for example, will therefore have no impact on the hotel stay booked separately or a return flight that may have been booked separately.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with weekend.com and are not a person barred from receiving services under the laws of Germany, the United States or other applicable jurisdiction. Anyone under 18 years of age may not use or access the Services for any reason. Please contact us if you are aware that a person under 18 is using the Services.
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, weekend.com may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for weekend.com granting you access to and use of the Services, you agree that weekend.com, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.
2.3 User account
Users have the option to create a personal account. The account can be used to manage and save searches and settings made, along with personal data, and to subscribe to email newsletters and other notifications. Without an account, it is only possible to use the search engine and be directed to reservation websites. When registering, you are required to provide different kinds of personal data. You yourself must assume the responsibility for the correctness and completeness of this data.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your weekend.com account. weekend.com cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You are not permitted to pass on your use and access data to third parties.
3. weekend.com’s rights
All right, title, and interest in and to the Services are and will remain the exclusive property of weekend.com and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. weekend.com reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding weekend.com, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
4. Restrictions on use of the services
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, weekend.com's computer systems, or the technical delivery systems of weekend.com providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by weekend.com (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with weekend.com (NOTE: scraping the Services without the prior consent of weekend.com is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
5. Ending these terms
The Terms will continue to apply until terminated by either you or weekend.com as follows.
You may end your legal agreement with weekend.com at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us email@example.com.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate except those sections you would expect to survive termination.
Nothing in this section shall affect weekend.com's rights to change, limit or stop the provision of the Services without prior notice, as provided above.
6. disclaimers, limitation of LIABILITY and indemnity
Please read this section carefully since it limits the liability of weekend.com and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “weekend.com Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
6.1 The Services are Available “AS-IS”
Your access to and use of the Services, and any transactions or agreements that result from your use of the Services is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE WEEKEND.COM ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The weekend.com Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (v) the failure of a hotel or airline listing to accurately reflect the conditions or availability of a service; (vi) any breach of any agreement or transaction entered into via the Services; and (vii) and any damage or injury to persons or property related to your use of the Services. No advice or information, whether oral or written, obtained from the weekend.com Entities or through the Services, will create any warranty not expressly made herein.
6.2 Links to Third Party Websites
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the weekend.com Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
6.3 User Liability and Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the weekend.com Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) the failure of you or your employees or agents to comply with the Terms and (2) any activity in which you or your employees or agents engage on, through or related to the Services.
6.4 General limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEEKEND.COM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE WEEKEND.COM ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WEEKEND.COM, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE WEEKEND.COM ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
7. Final provisions
7.1 Applicable law and Jurisdiction
The laws of the Federal Republic of Germany shall apply to the Agreement without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the courts located in Düsseldorf, Germany. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You expressly acknowledge that weekend.com may not be able to provide the Services if this provision is not enforced and that this provision constitutes a material term of the Agreement.
7.2 Applicability and modification rights
7.3 Entire Agreement
7.4 Waiver and Severability
The failure of weekend.com to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any individual provisions of this contract should be invalid, the validity of the remaining provisions shall remain unaffected. The parties to the contract shall endeavour to replace the invalid provision with a provision that legally and economically best reflects the objective of the contract.
If you have any questions about these Terms, please contact us.