Terms & Policies

The General Terms and Conditions and Privacy Policy of TravelRadar.io – MyActivities GmbH, Hindenburgstraße 41, 71696 Möglingen – are accessible at any time at http://www.TravelRadar.io/terms and http://www.TravelRadar.io/privacy, where users can save them or download them for printing.

 

  1. Data Protection and Data Security
    All data you provide to MyActivities GmbH is subject to our Privacy Policy. It regulates MyActivities GmbH’s gathering and use of your data. By using our services, you acknowledge that this data will be gathered and used in accordance with this Privacy Policy and may be transmitted to other countries by MyActivities for the purposes of saving, processing, and using it. The MyActivities GmbH Data Protection Policy regulates individual cases. For the purposes of transparency and easy readability, these are summarized in a separate document at www.TravelRadar.io/privacy. The Data Protection Policy, however, remains a part of these General Terms and Conditions.
  2. Terminating and Restricting Use
    1. MyActivities GmbH can end its licensing agreement at anytime. Users can end their user agreements at any time by deleting their user profiles through a function on the TravelRadar platform. When users delete their accounts, MyActivities GmbH deactivates them and removes saved personal data in accordance with the MyActivities GmbH Data Protection Regulations. MyActivities GmbH may archive copies of user information as required by law or use it for legitimate business purposes (to take steps to fight fraud or spam). Not all user data and content can be removed, for instance data which a user knowingly made publicly accessible. Such data may be anonymized or locked.
    2. If these General Terms and Conditions, especially number 4, are violated, or if MyActivities GmbH has reason to believe that a user name or password are being misused, the company has the right to lock and / or terminate a password, user account, or any other use of the TravelRadar platform at its own discretion. MyActivities GmbH can lock or terminate user accounts or refuse access to its services for any reason, in part or in whole, especially when it has grounds to believe that:
      • a user has violated these Terms and Conditions (especially number 4)
      • there has been a misuse of a user name or password
      • the user presents a possible legal risk to MyActivities GmbH
      • it is no longer financially reasonable to offer services to a user
  3. Conditions of Participation in Contests
    1. Participation in contests is voluntary, free, and confers no obligations on the participant.
    2. Persons older than 18 may participate in contests. Participants may only enter under their own names and only once per contest. Any prizes are non transferrable.
    3. Employees of MyActivities GmbH and cooperating partners as well as their families are excluded from participation.
    4. If these conditions of participation are violated, MyActivities reserves the right to exclude individuals from a contest.
    5. People who use prohibited aids or achieve advantages using some other form of manipulation are also excluded from participation. If necessary, prizes may be subsequently revoked and reclaimed in such cases.
    6. Further conditions of participation (for example the length of the contest, type and scope of prizes) is provided for each individual contest. All other provisions of these General Terms and Conditions also apply.
    7. Winners are determined by MyActivities GmbH, its employees, vicarious agents, or contracted third parties. MyActivities GmbH is not liable for slight negligence by these individuals in determining winners, notwithstanding its liability for gross negligence and deliberate actions.
    8. Winners are notified by telephone, email, via social networks or in writing via mail or fax. If the winner does not respond within four weeks after the notification is sent, he or she forfeits all rights to the prize and it is assigned to a new winner by lottery. Winners also lose the right to winnings if winnings cannot be transferred to the winner within 6 months after first notification because of reasons within the winner’s control. The participant who was originally informed would have no claim for damages in this case.
    9. Prizes pictured in the contest description may not be identical to the object which can be won. Deviations in model, color, accessories, etc. may exist. The scope of the prize is limited only to the item(s) stated by MyActivities GmbH. In case of doubt, shipping costs, tolls for shipping a prize to a foreign country, etc. are not included.
    10. Prizes may not be exchanged for cash value nor for any other prizes. Prizes are non transferrable.
    11. MyActivities GmbH reserves the right to interrupt or end a contest at any time without notice and without providing reasons for its decision. This is especially true if it cannot guarantee that the contest will be concluded properly because of technical or legal problems. In such cases, participants have no legal claims against MyActivities GmbH.
  4. MyActivities GmbH Rights of Use
    1. When users create or upload content to the TravelRadar platform, they grant MyActivities GmbH a worldwide, non-exclusive, free license to this content (with the right to sub-licensing), as well as the right to use, reproduce, process, adapt, change, publish, transfer, display, and distribute this content in all media and via all currently known means of distribution as well as those which may be known in the future.
    2. MyActivities GmbH is particularly entitled to reproduce and distribute content on the TravelRadar platform, make it publicly available and available on demand (online, access, and transmission right) as well as to archive it and place it in data banks.
    3. MyActivities GmbH is entitled to modify posted content, i.e. to make pictures smaller for editorial purposes.
    4. Users guarantee that they possess all rights to content they post and are capable of transferring the rights listed in this section to MyActivities GmbH.
  5. Scope of Application and Definitions
    1. MyActivities GmbH operates TravelRadar.io an internet platform which allows users to create lists (hereafter referred to as “TravelRadar lists”) of preferred flight connections and holiday packages including price limit settings (hereafter referred to as “TravelRadar elements”) and enables user actions with these TravelRadar lists and Travelradar elements (e.g. getting eMail alerts for flight connections or holiday packages with prices under the defined limit of the user). In the following document, this platform is also called the “TravelRadar platform”. The following Terms and Conditions are in effect for all uses of the TravelRadar platform.
    2. Only the General Terms and Conditions of MyActivities GmbH are valid. No other Terms and Conditions are included in this contract unless expressly approved by MyActivities GmbH in writing.
    3. For the purpose of these Terms and Conditions, a “user” is any natural or legal person or association of persons who register on the TravelRadar platform and engage its services.
    4. For the purpose of these Terms and Conditions, “content” includes all information a user provides to the TravelRadar platform, particularly texts, data, graphics, audio files, messages, profiles and/or photos.
  6. Services Provided by MyActivities GmbH
    1. MyActivities GmbH offers an online platform accessible via the website www.TravelRadar.io. The platform allows users to create lists (hereafter referred to as “TravelRadar lists”) of preferred flight connections and holiday packages including price limit settings (hereafter referred to as “TravelRadar elements”) and enables user actions with these TravelRadar lists and Travelradar elements (e.g. getting eMail alerts for flight connections or holiday packages with prices under the defined limit of the user). Registered users can perform the following user actions on the platform:
      • Generate new TravelRadar lists.
      • Generate new TravelRadar elements on the TravelRadar lists. A TravelRadar element is a single or return flight or a holiday package including the starting airport / city and the arrival airport / city + a pricelimit for the chosen connection.
      • Get eMail notifications in case TravelRadar detects a price under the user’s price limit for his defined travel connections.
      • Furnish a profile photo for their profile
      • Invite people to the TravelRadar platform
    2. MyActivities GmbH charges users no fees to register or use the TravelRadar platform.
    3. The TravelRadar Platform is optimized for mobile devices. We do not guarantee accessibility on all mobile devices.
    4. MyActivities GmbH does not provide the following services:
      • use of the internet or an internet connection, both of which are necessary to use the platform
      • the mobile device necessary to access the TravelRadar platform nor its software or configuration
      • installation, set-up, adjustment, or technical help services
    5. MyActivities GmbH does not guarantee users access to the TravelRadar platform.
    6. The TravelRadar platform is continuously refined. MyActivities GmbH therefore reserves the right to alter and improve functions within the TravelRadar platform as well as to add new functions.
    7. MyActivities GmbH has the right to partially or fully cease operation of the TravelRadar platform.
    8. If no written agreement exists to the contrary, MyActivities GmbH is not obligated to perform any of the services listed in § 2.
    9. MyActivities GmbH does not operate the server and other infrastructure necessary to provide content on the TravelRadar platform itself. These functions are assumed by a vicarious agent of MyActivities GmbH: Amazon Web Services, 410 Terry Avenue North, Seattle, WA 98109-5210, USA.
  7. Registration and Requirements for Use
    1. Only legally competent adult users or users acting with the approval of their legal guardians are entitled to use the TravelRadar platform.
    2. Users can register using the TravelRadar platform registration form. They may also register via social networks (like Facebook and Google+), using the same login data.
    3. When users activate the checkbox of our Terms and Conditions or klick the Register Button or use the facebook or Google register function during the registration process on the TravelRadar platform, they sign an agreement for using the TravelRadar platform. There is no legal right to this use. MyActivities GmbH reserves the right to confirm registrations in each individual case and can deny registrations without providing reasons for its decision. In this case, data transmitted on the registration form is immediately deleted.
    4. Each user may have only one account. User accounts may be neither transferred nor inherited.
    5. Users promise to provide their own email addresses on the registration form. Users must also provide a password. Users can publish further information about themselves on their profiles besides the information they provided during registration, i.e. a profile picture, location, birth date, etc. This information is visible in part or in whole to other users of the TravelRadar platform, depending on privacy settings.
    6. Users agree to be findable via search function by characteristics like their public personal profile information.
    7. If users post pictures (i.e. as profile photos) which have been taken by third parties (not by the users themselves), users must obtain approval to use the pictures from the photographers. If other people are in pictures, users must also have the permission of these people or their legal guardians, if they are under 18. Only after obtaining this permission may they upload the photos. No picture may be used as a profile picture which:
      • portrays someone besides the user.
      • violates legal regulations.
      • is vulgar or offensive and may injure the feelings of third parties.
      • is protected by the copyright, personal right, trademark, or some other property right of a third party.
  8. General User Duties, Responsibilities, Forbidden Content, and Code of Conduct
    1. Users are responsible for all activities and content which are performed or published using their user accounts. Users must immediately inform MyActivities GmbH of improper use of a password or user account.
    2. Users pledge to choose passwords which ensure the highest possible level of security. Users must change passwords regularly, use them only for personal reasons, and must not share them with third parties.
    3. MyActivities GmbH reserves exclusive rights to the TravelRadar platform and branding including all brands, patents, trademarks and licenses and all other rights or comparable legal positions. Use requires express written consent from MyActivities GmbH.
    4. MyActivities GmbH is not responsible for lost data resulting from system failure. The user is responsible for regularly making backup copies of personal data.
    5. Users may not use the TravelRadar platform or any of its content or services for commercial purposes of any type, whether paid or unpaid. This especially includes illegal imitations, sales, rentals, or using or offering the platform for their own or a third party’s advertising purposes.
    6. The user agrees not to publish any illegal content or carry out any illegal actions on the TravelRadar platform. Illegal content and actions specifically include:
      • Racist, pornographic, libelous and immoral content, videos, audio files, and pictures, as well as those which glorify violence;
      • Content which might motivate third parties to carry out criminal activity;
      • Content which endangers or impairs the development or education of children or youth or which endangers human rights or any other legally protected right;
      • Libelous or harmful statements / representations as well as threats, abuse and slander against third parties;
      • Unlawful copying of content;
      • Links to websites with content which endangers youth or violates established law;
      • Unapproved advertisements of contests, coupons, or special sales as events (Spam);
      • Access to content or user information or to TravelRadar.io through automated mechanisms (like bots, robots, spiders, or scrapers);
      • Operating illegal network marketing techniques such as pyramid schemes;
      • Uploading viruses or other malignant code;
      • Gathering registration information or accessing other peoples accounts;
      • Completing actions which block, overload, or restrict the full operation or appearance of the TravelRadar platfrom such as denial of service attacks, or which could interrupt page display or any other function of the TravelRadar platform.
    7. MyActivities GmbH reserves the right to delete any information which appears suspicious in this respect on the basis of concrete information. It reserves the same right if urged by a third party to change or delete information in the TravelRadar platform on the basis of concrete information that it allegedly violates the rights of others.
    8. Users are not entitled to have their content published on the platform. MyActivities GmbH is not obligated to name copyright holders of photographs. This is the users’ responsibility.
  9. Users’ Rights of Use
    1. The user receives a personal, worldwide, free, non-transferrable and non-exclusive license to use the TravelRadar platform. This license is only for the purpose of enabling the user to use the services offered by MyActivities GmbH in accordance with these conditions and to enjoy the advantages they entail.
    2. The user has the right to view all published content on the TravelRadar platform while using the platform. This right is only restricted by the privacy settings of other users. Users may publish their own and others’ content on TravelRadar in social networks insofar as this is allowed by privacy settings, especially those of other users.
  10. Liability of MyActivities GmbH
    1. User claims for damages are precluded unless otherwise stated. The exclusion of liability above is also in effect for legal representatives and vicarious agents of the provider should a customer bring claims against them.
    2. User claims for damages resulting from injury to life, body and health are excluded from the exclusion of liability determined in 10.1, as well as claims for damages resulting from breach of essential contractual obligations. Essential contractual obligations are defined as those which must be fulfilled to accomplish the goal of the contract and which the contractual partner may regularly trust to be fulfilled and whose breach jeopardizes achievement of the purpose of the agreement. Liability for damages resulting from deliberate or gross negligence on the part of the provider, its legal representatives or vicarious agents is also exempt from this exclusion of liability.
    3. MyActivities GmbH is not responsible for damages users suffer from loss of data, insofar as these damages could have been avoided by users regularly and thoroughly saving all relevant data.
    4. MyActivities GmbH only offers a platform for third party content. Responsibility for content published by users on the TravelRadar platform therefore lies exclusively with the respective users. If MyActivities GmbH does, however, become aware that third party content violates these General Terms and Conditions or legal regulations, MyActivities GmbH will react in accordance with the stipulations of the General Terms and Conditions. Users agree that they may be confronted with user content which is false, illegal, or not suited for minors, or which is unsuited for their purposes for some other reason.
  11. Release From Liability
    1. If third parties assert claims against MyActivities GmbH because of posted content (text, pictures, audios, videos, graphics, and other data) and / or ratings of content on the TravelRadar platform (for example and especially because of injury to personal, trademark, patent, or ancillary copyright), then the user responsible for posting this content or rating is obligated to indemnify MyActivities GmbH and its directors, managers, employees, and representatives from any and all claims, complaints, legal procedures, punishments, demands, damages, losses, costs, and expenses. This also includes justifiable lawyer’s and bookkeeping fees, especially costs for a third party’s defense of a claim, complaint, or legal procedure, with regards to:
      • Access to our products or use of the same,
      • Their user content or
      • Their violations of these terms and conditions.
    2. Users obligate themselves to truthfully, promptly, and fully inform MyActivities GmbH about any possible violations of rights and to transmit and surrender all information to MyActivities GmbH which could be useful in defending against claims by third parties.
  12. Reservation of the Right to Make Modifications
    1. MyActivities GmbH has the right to make changes to these General Terms and Conditions and Data Privacy Policy at any time. Changes are announced on this website via notifications or by email. If users continue to use the TravelRadar platform after these changes take effect, they indicate their agreement with the revised regulations. If important changes are made, we may make appropriate announcements or obtain user consent in accordance with legal stipulations. The current General Terms and Conditions and Data Protection Policy are always accessible online at http://www.travelaradar.io/terms and http://www.travelradar.io/privacy.
    2. Objections to published changes must be made in writing. If a user has an objection, both parties have the right to immediately end their contractual relationship.
    3. MyActivities GmbH may transfer its contractual relationship with the user in full or in part (i.e. during a bankruptcy procedure against MyActivities GmbH, a takeover, a restructuring, or if the business is sold) to a third party. In this case, the third party assumes the contractual relationship in whole or in part as well as the appropriate rights and duties assigned to it. In this case, the user has the right to immediately end the contractual relationship at any time.
  13. Severability Clause
    These General Terms and Conditions, Data Protection Regulations, and all changes and other agreements which you enter into with MyActivities GmbH encompass the full agreement between you and MyActivities GmbH. If a regulation in these General Terms and Conditions is found to be invalid, it will be limited as needed or declared null and void, and the remaining regulations in these General Terms and Conditions will remain fully valid.
  14. Final Clauses and Applicable Law
    The laws of the Federal Republic of Germany excluding international privacy law and the UN Sales Convention (CISG) incorporated into German law apply. Stuttgart is the place of performance and of jurisdiction.