- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content “means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“fatherland Global” means Fatherland
“Service” means collectively any online facilities, tools, services or information that Fatherland makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Fatherland makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“Host”/ ‘Hosts” means Users acting as either individual accommodation hosts, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis.
“Guest’ / ‘Guests” means Users who have created an account with us and are logged into the account and have booked or are about to book a host’s accommodation offered on the Fatherland website;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Fatherland and acting in the course of their employment; and
“Activity Operator”/ ‘Activity Operators” means Users acting as either individual service provider, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis.
“Participant’ / ‘Participants” means Users who who have created an account with us and are logged into the account and have booked or are about to book a Activity Operators services offered on the Fatherland website;
“Website” means the website that you are currently using (www.Fatherlandglobal.com).
- General Terms
- Registration on the Website is only permitted to those persons who can enter into legally binding contracts. For this reason, the Services may only be used by persons over the age of 18.
- Some areas or features of the Site may be restricted to Guests/Participants who have created an account with us and are logged into the account. Fatherland may allow Guests/Participants to use compatible external authentication instead of an email and password to log in or register with Fatherland. Regardless of how the User logs in, the User is responsible for all activity that occurs under their account and must protect the password for the account. The Guest/Participant shall immediately notify Fatherland of any unauthorised use of the User’s account.
- Fatherland may make changes to these Terms and Conditions at any time, for example, due to technical changes in business operations, new or modified or discontinued products or features, and changes in law. You will be given 30 days’ notice of any change to the Terms and Conditions or of our decision to terminate these Terms and Conditions. We will notify you of any such changes or terminations by email provided to Fatherlandglobal.com. Please review this page from time to time to ensure that you are familiar with the current version that is binding on you.
- User may view and obtain information about listings of accommodation (“Accommodation”) offered for rent by hosts and other Third Parties on this Website. As well as Tours & other services (“Activities”) offered by Activity Operators to Participants. We may also offer other tools or services through which Users may communicate with each other and enter into rental agreements or other transactions.
- The Website serves only as a portal where Users can communicate with each other. Rental contracts are concluded solely between Guest and the relevant host and Contracts concerning Activities are concluded solely between Activity Operator and Participant.
- Fatherland is not and will not be a party to any contractual relationship between Guest and the relevant host/ Activity Operator and Participant, pursuant to its hosting status, is not obligated to act as an intermediary in the event of any dispute between Guest and the relevant Host/Activity Operator and Participant. You acknowledge and agree that the Guest and the relevant Host/Activity Operator and Participant, are responsible for the performance of obligations under such agreements between the Guest and the relevant Host/Activity Operator and Participant, that Fatherland is not a party to such agreements, is not acting as an agent, and disclaims any liability under such agreements, even if the booking of accommodation or activities the use of other tools, services or products is facilitated by the Site, as Fatherland is not a party to any rental or other contracts between Guest and the relevant Host/Activity Operator and Participant,. Fatherland is not an organiser or seller of package holidays and, in relation to the distribution of accommodation on websites that are not part of a Fatherland brand, Fatherland is not acting as a seller for the purposes of linked travel services.
- Hosts or Activity Operator may be either individual accommodation Hosts/Activity Operators, who may be acting on a consumer-to-consumer basis, or managers acting on a business-to-consumer basis. If you enter into a rental/ service agreement with an individual accommodation Host or Activity Operator on a consumer-to-consumer basis, please note that consumer protection rules do not apply in relation to your contract with the individual accommodation Host or Activity Operator. The Host or Activity Operator is solely responsible for deciding whether or not they are acting as a consumer or business and for any statements they make to Guests/Participants regarding their status.
- Guests/Participants are responsible for and agree that they will comply with all laws, rules and regulations applicable to their use of the Website, any tools, services or products offered on the Website, and any transactions entered into between them on or in connection with their use of the Website. Guests/Participants are informed that the design of the listing, the rental of the accommodation or the listed activity and business transactions relating to the rental of accommodation or activity are the responsibility of the Host/Activity Operator and that the Host/Activity Operator is responsible for compliance with all laws, rules and regulations to that extent. Please note that although we are not a party to any rental or service agreements and, to the extent permitted by law, do not assume any liability for the legal and regulatory compliance of any accommodation or service advertised on the Site, we may in certain circumstances be legally required to provide information relating to listings in order to comply with requests by governmental or regulatory authorities in connection with investigations, litigation or administrative proceedings.
- The prices stated in the offers are determined by the Hosts/Activity Operators and transmitted to Fatherlandglobal.com.
- The prices of the offers are understood as final prices for the respective offer. Depending on the user’s settings, they correspond to the price per night or price per stay for the selected/displayed period; if applicable, plus selected/booked extra services or binding additional costs payable online or on site. The respective Host/Activity Operator is solely responsible for the correct and complete presentation of the prices. Fatherland endeavours to include all costs, however, further costs may be indicated on the booking websites of the Hosts/Activity Operators which do not result from the offer website itself.
- Fatherland accepts no responsibility for the accuracy of the prices quoted or any other information. Users are required to check the details on the Hosts/Activity Operators website before booking.
- User accounts
- Some of the services offered on the portal require the creation of a user account.
- A user account can be set up with the personal e-mail address or with the personal profile of a social network (e.g. Facebook, Google). Furthermore, a user account is created if the user provides an e-mail address in order to receive separate offers by e-mail and subsequently confirms the sending of the offers.
- The user is responsible for the correctness and completeness of the personal information provided. The user is responsible to both Fatherland and third parties for the use of his/her user account. Therefore, the user shall ensure that his/her user account data is treated confidentially and shall not make it available to third parties. The user is obliged to inform Fatherland of any knowledge or suspicion of unauthorised use of his/her user account.
- The user account can be accessed from any terminal device. For this purpose, the user receives a personal login link by email or can use the personal profile of a social network (e.g. Facebook, Google) used for registration.
- The deletion of a user account can be initiated by sending an e-mail to [email protected]
- Booking and reservations
- Each reservation is passed on to the respective Host/Activity Operator via Fatherland as a declaratory messenger on behalf of the Guest/Participant. For the smooth processing of the booking, it is therefore necessary that the data provided by the Guest/Participant (e.g. Accommodation/Activity data, contact data) are correct and complete.
- Depending on the type of reservation made, the last possible time for check-in by the Guest/Participant at the accommodation or activity varies. The different reservation options are presented during the booking process and selected by the Guest/Participant on this basis. If a time limit for check-in is specified for the selected reservation type, the reservation is cancelled in the event of late arrival or no show. Thereafter, a claim to accommodation or activity no longer exists.
- Depending on the type of booking, a credit card number and the validity period of the credit card may have to be deposited during the booking process. The requirement to deposit a credit card number is explicitly indicated in the booking dialogue. This information is maybe transmitted to the Host/Activity Operator of the respective Accommodation/Activity. However, in all instances we are required to reserve/hold the full amount at the time of booking. If your booking is accepted and confirmed by the Host/Activity Operator (usually within 24 hours) the amount held, is finally charged. If a Host/Activity Operator is unable to accept or confirm your booking, the amount held by us is released back to your credit or debit card and the sum initially reserved/held will be made available again by your credit or debit card provider (usually within 24 hours). Your credit card guarantees the payment of all costs incurred for the booked Accommodation/Activity to the respective Host/Activity Operator.
- Changes and cancellations
- Depending on the Host/Activity Operator’s terms and conditions, the Client shall be obliged to pay the agreed price for the Accommodation/Activity (or part thereof) after the reservation has been made if the reservation has not been cancelled in time or the Accommodation/Activity has not been used without cancellation. The detailed cancellation conditions depend on the respective host and booking type and are stated separately in the respective booking dialogue and accepted by the Guest/Participant.
- In order to avoid misunderstandings, all changes and cancellations must be made via Fatherland’s portal, unless otherwise agreed. The timely receipt of the notification by Fatherland is decisive for the timeliness of the change or cancellation. The cancellation deadline is generally based on the local time of the reserved Accommodation/Activity. In the event of cancellation in due time and in accordance with the conditions, a cancellation confirmation shall be issued. It is also proof of the cancellation and must therefore be kept. Whether costs are incurred for the cancellation or change then depends on the respective booking or cancellation conditions of the host.
- Changes and cancellations are possible before the expiry of the cancellation period regulated in the respective applicable cancellation conditions. However, in the event of certain changes, such as a shortening of the stay, the host may claim any damages incurred. In the case of special prices, services and/or dates and in the case of bookings made at very short notice, free cancellation is often excluded by the Hosts/Activity Operators.
- If you wish to cancel your booking, please refer to the cancellation requirements shown on the order page. For any booking not cancelled within the specification shown on the relevant booking page, the cost of the entire stay may be charged. In case of no-show, the full booking amount will be charged. Different cancellation conditions may apply for group bookings. In this case, the host will contact you.
- In order to prevent misuse of the internet portal and not to burden the host unnecessarily with incorrect bookings, Fatherland reserves the right to cancel a reservation in individual cases if a query under the contact details provided by the Guest/Participant is not possible or the host refuses the booking due to frequent cancellations or no-shows in the past. In these cases, there is no entitlement to Accommodation/Activity.
- Rights And Obligations Of Fatherlandglobal.com
- Fatherland will endeavour to reproduce as accurate as possible the photographs submitted by the Host on the Website. However, the Guest/Participant is aware that scanning of non-digital images and individual screen settings may result in variations from the original image and Fatherland accepts no responsibility or liability for any such variations.
- You further acknowledge that the Hosts/Activity Operators – and not Fatherland- are responsible (to the extent permitted by law) for the accuracy with which the photographs and descriptions describe the relevant Accommodation/Activity.
- It is difficult to verify the identity of individuals on the internet. We therefore cannot and will not accept responsibility for ensuring that another user is in fact the person indicated by that user. We recommend that Guests/Participants and Hosts/Activity Operators communicate directly via the tools available on our website, although again we cannot guarantee that the person you are communicating with is the one indicated in the profile. In addition, we recommend that Guests/Participants take steps themselves to identify the host and verify the Accommodation/Activity and the accuracy of the relevant content of your booking or proposed booking. You agree to (i) protect and keep secret your passwords and online usernames for your account and email address and only disclose them to authorised users of your accounts; (ii) require all persons to whom you entrust your passwords and online usernames not to disclose them to unauthorised persons; (iii) notify us immediately and choose a new secure password and online username if you become aware that the password for your account with us or for your email address has come to the attention of an unauthorised person; and (iv) notify us immediately if an unauthorised person asks you for your passwords and online username. If we suspect that unauthorised access to your account is taking place or has taken place, you agree, upon our request, to immediately change your username and password and to take such other reasonable steps as we may reasonably request of you. We strongly discourage you from allowing anyone else to access your online username and password for your account with us and your email account. If you disclose your online username and password to any other person, or if you have not taken reasonable steps to prevent the disclosure of such information, you will be responsible for all transactions completed through your account with us and/or your email account, even if such transactions were completed fraudulently or were not requested by you. Fatherland cannot accept any liability for such transactions.
- You acknowledge that Fatherland is not responsible for verifying the identity, conduct of any Host or for verifying the existence, nature or condition of the relevant Accommodation/Activity.
- Fatherland may, if necessary (including to prevent fraudulent conduct by a third party and in the event of a complaint, claim or potential litigation), disclose a reasonable portion of the Guests/Participants personal data to any relevant third party who has requested such data by means of a letter from their legal representative, through a competent authority or a court order, subpoena or injunction.
- Fatherland reserves the right to assign these Terms and Conditions and to assign or sub-contract some or all of its rights and obligations under these Terms and Conditions to any third party or other legal entity within the Fatherland Group, provided that this does not affect the rights granted to you under these Terms and Conditions.
- Accounts And Communications
Guests/Participants may only provide accurate and truthful information about their identity, including their country of residence, in connection with their accounts and profile pages and other communications on the Site. This also applies to the rating of Accommodation/Activity. Communications sent through Fatherland’s systems must only relate to genuine booking requests. We will not tolerate spam or unsolicited commercial electronic communications. Misuse of Fatherland’s systems, such as unsolicited commercial communications (spam) or the disclosure of users’ personal information to third parties, is prohibited unless you have the user’s express consent to do so.
- Liability of Fatherland Global
- The Website merely provides a marketplace where you can view Accommodation/Activity, contact Hosts/Activity Operators in relation to enquiries or any questions you may have or make bookings for Accommodation/Activity. We do not, to the extent permitted by law, accept any liability in connection with any contract you enter into with a Host/Activity Operator or for any accommodation you rent or activity you book, except to the extent that we collect tax information and/or levy residence tax on behalf of the Host/Activity Operator. In addition, to the extent permitted by law, we do not accept any liability for the acts or omissions of Hosts/Activity Operators or any other person or party connected with the Accommodation/Activity. The contract for all Accommodation/Activity is with the Host/Activity Operator. His terms and conditions will apply to your booking. These terms and conditions may limit and/or exclude the liability of Hosts/Activity Operators to you. You are therefore advised to read them carefully before booking.
- We do not provide liability insurance for Hosts/Activity Operators or Guests/Participants. This applies regardless of whether a user takes out insurance cover through one of our third party Hosts/Activity Operators. Guests/Participants are advised to take out appropriate travel insurance to cover the booking, including in the event that the booking has to be cancelled. Guests/Participants must ensure that the insurance cover is sufficient and appropriate for their particular needs.
- As a consumer you have certain rights (including the right to require that we provide our services with reasonable care and skill). Nothing in these Terms and Conditions affects your statutory rights.
- Fatherland is liable as a hosting host if Fatherland is at fault. Fatherland will be liable for any loss or damage you suffer which is a foreseeable result of a breach of these Terms or a lack of reasonable care and skill on our part. However, to the extent permitted by law, we will not be liable for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will occur or if, at the time of entering into these Terms and Conditions, both we and you knew that it might occur, such as in cases where you have spoken to us about it.
- Fatherland shall not be liable, to the fullest extent permitted by law, for any claim, cause of action, recovery, loss, damage, fine, penalty or other cost or expense of any kind, including reasonable legal costs (“Claims”), brought or incurred by any third party in connection with (a) any material or content you provide to the Website; (b) your use of any content on the Website; (c) any breach by you of these Terms and Conditions; or (d) your use of the Accommodation/Activity. Fatherland will promptly notify you of any such claim. If you are dissatisfied with the Site (or Fatherland platform or systems) or do not agree with any part of these Terms and Conditions, your sole and exclusive remedy against Fatherland is to discontinue using the Site. Nothing in these Terms and Conditions shall be deemed to exclude or limit the liability of the Fatherland in respect of death or personal injury caused by its negligence or in respect of fraud or fraudulent misrepresentation on the part of the Fatherland. Furthermore, the above exclusions and limitations do not apply to fatherland’s breach of material contractual obligations (cardinal obligations). Cardinal obligations within the meaning of these Terms and Conditions are those obligations that enable the proper performance of the contract and the achievement of its purpose in the first place and on whose compliance the Guest/Participant may therefore regularly rely. In the event of a breach of cardinal obligations, Fatherland shall only be liable for the damage typical of the contract and foreseeable at the time of the conclusion of the contract. The exclusions or limitations also do not apply in the case of damage caused intentionally or by gross negligence, fraud or fraudulent misrepresentation of the Fatherland and claims arising from the Product Liability Act as well as other statutory guarantee liability and guarantees expressly granted by Fatherlandglobal.com. Otherwise, liability for damages caused by slight negligence is excluded.
- Refunds will be processed immediately, but the timing of receipt of a refund will depend on the payment method and the relevant payment system. Refunds will be made in the currency in which the original payment was made. Any currency conversion will be done by the relevant bank using the current exchange rate, which may differ from the exchange rate used for the original payment. Furthermore, bank charges which may have been incurred by the Guest/Participant during the booking process or as part of the refund process may be deducted by the bank from the amount refunded and in such cases will not be refunded by Fatherlandglobal.com.
- Intellectual Property
- All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Fatherlandglobal.com, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Fatherlandglobal.com.
- Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Fatherland or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- You agree that, if you have provided Fatherland with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Fatherland and (2) that you have brought to the attention of any such third party the Privacy Notice available on the Fatherland’s website or otherwise provided a copy of it to the third party. You agree to indemnify Fatherland in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- Fatherland makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
- No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
- Availability of the Web Site
- The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- Fatherland accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to [email protected] Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Fatherland shall be governed by and construed in accordance with the Law of the United States of America and Fatherland.