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Terms of use

Terms of Use WEEKENGO

 

These Terms of Use (“Terms”) govern your access to and use of the weekengo mobile application (the “App”), the www. weekengo.com website (the “Website”) and the weekengo services (collectively, the “Services”).  You agree that by visiting the Website or App, registering or creating an account or by otherwise using the Services, you are entering a legally binding agreement with weekengo GmbH, Burghofstraße 40, 40223 Düsseldorf, Germany (“weekengo” or “we”) based on these Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”).  Your access to and use of the Services is conditioned on your acceptance of and compliance with the Agreement.

1.         The Travel Services

 

Travel Search Engine:

weekengo provides a search engine, which allows users to compare the prices of flights, hotel accommodations and package tours offered by third parties, such as online travel agencies, tour operators and airlines (“Third-Party Providers”).  Except for packages subject to weekengo’s Travel Agent Services (as provided below), users will be directed to the Third-Party Provider to book the services.  weekengo provides only the search engine function to allow users to easily search for travel packages and is not a party to any resulting Travel Contracts that form between the user and the Third Party Provider. 

Travel Agent Services:

For some of the offers available on the Services, the user has the option of booking directly via the weekengo Website or App. In these cases, weekengo acts as a travel agent for such offers (“Travel Agent Services”) and assists the user if forming a Travel Contract with one or more Third-Party Providers.  If a user purchases a travel package through weekengo’s Travel Agent Services, the resulting travel contract is between the user and the respective Third Party Provider and incorporates the general terms and conditions of business, general conditions of carriage and/or other tariff provisions/conditions of the respective Third-Party Provider (the “Travel Contract”).  weekengo is not a party to the Travel Contract.  Any transactions that is completed through weekengo’s Travel Agent Services is subject to the Travel Agent Consumer Disclosures, which must be accepted by the user prior to completing their transaction.

weekengo’s Representations:

weekengo makes no warranties or representations regarding the prices, quality or availability of any packages found using its search engine function or booked via the Travel Agent Services.  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.  WEEKENGO 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.

weekengo is not a party to any Travel Contracts that result after using the Services.  The Third Party Provider is exclusively responsible for any Travel Contracts.  The Travel Contracts will be governed by the terms and conditions and privacy practices of the Third-Party Providers.  Any rights in connection with the Travel Contract must be asserted by the user solely against the respective Third-Party Provider as the contracting party and weekengo does not arrange for any communication, nor does weekengo pass on any communication to the Third-Party Providers.

weekengo does not make any representations regarding the currentness or correctness of any information found via the search engine function.  This information is retrieved at regular intervals from the Services and data interfaces of the Third-Party Providers and displayed to the user as per the status of the latest retrievals in each case. Due to interim fluctuations, which can constantly occur with hotel and air fares and availability, it is possible that the current prices and dates are not always shown.

User Responsibility:

If the user finds flight and hotel services via the App or the Services and books such services individually with various Third-Party Providers, the user must be aware that he or she is booking independent travel services that constitute neither linked travel arrangements nor package tours. The user alone is responsible for combining the various travel services. Different terms and conditions may apply to each travel service. Furthermore, changes made to one booking have no effect on the other bookings. The cancellation of an outbound flight will therefore have no effect, for example, on a hotel stay booked separately with another provider, or on a return flight that may have been booked separately. If the customer books a package tour or an associated travel service, the customer will always be expressly advised of such fact by means of the corresponding form.

 

2.         Basic Terms

 

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 weekengo and are not a person barred from using the Services under the laws of 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.  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, weekengo 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 information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services is subject to change. In consideration for weekengo granting you access to and use of the Services, you agree that weekengo, third party providers and partners may place such advertising on the Services or in connection with the display information from the Services whether submitted by you or others.

 

3. Privacy

 

Any information that you provide to weekengo is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by weekengo. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your weekengo account, which you may not be able to opt-out from receiving.

 

4. Passwords

 

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 weekengo account.  weekengo cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

5. weekengo’s Rights

 

All right, title, and interest in and to the Services are and will remain the exclusive property of weekengo and its licensors. The Services are protected by copyright, trademark, and other laws of both Germany and foreign countries. weekengo reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding weekengo, 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.

 

You may copy materials published on the Services solely for your own personal information and non-commercial use.   You may not modify, distribute, publish, transmit, reproduce, store or create derivative works of any material or content on the Services for commercial purposes including without limitation and pricing or scheduling information.

 

6. 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, weekengo 's computer systems, or the technical delivery systems of weekengo 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 weekengo (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with weekengo (NOTE: scraping the Website without the prior consent of weekengo 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, or mail-bombing the Services.

 

7. Ending These Terms

 

The Terms will continue to apply until terminated by either you or weekengo as follows.

You may end your legal agreement with weekengo 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: mailto:info@weekend.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, including, without limitation, your license to use the Services, except those sections you would expect to survive termination

Nothing in this section shall affect weekengo's rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 2.

 

8. Disclaimers, Limitations Of Liability and Indemnity

 

Please read this section carefully since it limits the liability of weekengo and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “weekengo 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.

 

A. The Services are Available “AS-IS”

 

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, WEEKENGO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

The weekengo 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, communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from weekengo Entities or through the Services, will create any warranty not expressly made herein.

 

B. Links

 

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 weekengo 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.

 

C. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEEKENGO 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 WEEKENGO ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID WEEKENGO, 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 WEEKENGO 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.

 

D. Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the weekengo 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) your failure to comply with the Agreement, including without limitation, the weekengo Travel AgentConsumer Disclosures and (2) any activity in which you engage on or through the Services.

9. GENERAL TERMS. Waiver and Severability

 

The failure of weekengo to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

 

A. Controlling Law and Jurisdiction

 

These Terms and any action related thereto will be governed by the laws of the Federal Republic of Germany 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, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

 

B. Entire Agreement

 

These Terms, our Privacy Policy and, as applicable, the Travel Agent Consumer Disclosures are the entire and exclusive agreement between weekengo and you regarding the Services (excluding any services for which you have a separate agreement with weekengo that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between weekengo and you regarding the Services.

 

We may revise these Terms from time to time, the most current version will always be at https://www.weekend.com/en-US/terms-of-use. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 7 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

If you have any questions about these Terms, please contact us.

Effective: info@weekend.com