Terms and Conditions

The mydaytrip.com terms and conditions refer to your mydaytrip.com membership. They regulate your rights and obligations when using mydaytrip.com.

a. Use of your data

mydaytrip.com collects, saves and uses your data only in order to provide a service. If mydaytrip.com wants to put your data to any other use it must secure your express consent beforehand. If there is no longer any reason to save your data - if you terminate your membership, for example - all your personal data will be deleted.

b. mydaytrip.com membership

mydaytrip.com membership is free. Individuals can become mydaytrip.com members from the age of seventeen. Membership of mydaytrip.com provides access to mydaytrip.com, a platform for user interactivity and content generation. Your mydaytrip.com membership begins when you activate your chosen mydaytrip.com access details.

At registration you are obliged to provide mydaytrip.com with full and accurate information about your identity. This information must be kept current throughout your mydaytrip.com membership. Your mydaytrip.com membership is non-transferable.

mydaytrip.com reserves the right to occasionally restrict access to the mydaytrip.com service, within reason, to enable maintenance and development work to be performed where necessary in order to achieve proper or enhanced operation.

c. User name, password and pictures

You may not choose a user name which contravenes existing German law, the rights of any third party, these terms and conditions or the standards of decent behaviour.

You may not choose as your user name the name of another individual or any name under copyright, brand or other protection or any name that damages or may damage the rights of any individual or entity. You may not use vulgar or offensive user names since they may result in offence to many members. User names incorporating hidden references perceptible to members of extremist groups also contravene these terms and conditions, even if the names' hidden meaning is not immediately evident to outsiders.

You may not submit as your user picture the picture of another individual or any picture under copyright, brand or other protection. You may not use vulgar or offensive user pictures since these may result in offence to many members.

As owner of the user name you are accountable for all material submitted under your user name.

Select a password for your user name. Please ensure you take all necessary measures to keep your password secret and protect it from unauthorised use. If you suspect that your user name or password may be being misused, mydaytrip.com is free to take all necessary measures and to temporarily suspend or terminate your membership of or access to mydaytrip.com.

d. Votes, comments, reviews and daytrips

As a mydaytrip.com member you are entitled to vote, write comments and reviews and create daytrips. mydaytrip.com reserves the right to publish all these on the mydaytrip.com platform. mydaytrip.com members have no claim on the publication of their reviews.

When writing a review or giving comments and votes, you are obliged to refrain from making any offensive comments or presenting negative opinions as facts. Derogatory tags are not allowed.

Individuals or clients related to the companies they are reviewing must present their affiliation transparently.

mydaytrip.com reserves the right to exercise preference in dealing with the reviews submitted by mydaytrip.com members. Such preference will be fully transparent. For instance, mydaytrip.com has the right to favour reviews from mydaytrip.com members who submit a large number of reviews over those who write very few reviews for the mydaytrip.com review platform. Similarly, reviews by mydaytrip.com members who receive positive feedback from other mydaytrip.com members may be accorded preferential treatment.

e. Terms of use

As a mydaytrip.com member you consent to comply with mydaytrip.com in matters of the correct use of the services provided by mydaytrip.com. Therefore, you may only use mydaytrip.com in a particular way or for a particular purpose that does not contravene the existing German laws or these terms of use and that does not harm any third party. Attention should be paid to the following especially:

The submittal or distribution of racist or pornographic material, material that glorifies or trivialises violence or material containing immoral content is forbidden. Likewise, the submittal or distribution of material that could influence or endanger children or young people in terms of their development or education or that injures human dignity or other human rights is prohibited.

If you permit another individual, in particular a minor, to access mydaytrip.com using your details, you are responsible for ensuring they are aware of the terms of use and the membership regulations and for exercising a sufficient level of control.

When you submit material, including photographs, to the platform you are granting mydaytrip.com full and unlimited but not exclusive rights to the use of that material in combination with your chosen user name. While maintaining copyright protection and your personal rights, mydaytrip.com has the right, as part of its service, to copy, publish, make public and, where necessary, make available (online, access and broadcasting rights) your material and to store that material in databases. mydaytrip.com is only entitled to edit your material as far as is necessary for graphic reproduction or editorial reasons.

mydaytrip.com is not required to pay you any fees for the concession of these terms of use.

You must ensure that you have all the rights to the material and photographs submitted and in particular that you are entitled to transfer these rights to mydaytrip.com. Individuals appearing in photographs must be of age and they or the parent or guardian must give consent for the upload.

You have no claim with regard to the publication of material or photos submitted to mydaytrip.com. mydaytrip.com has discretionary authority to edit the material for publication. Regarding photographs, mydaytrip.com is not obliged to name the photographer.

In the case of a third party making a claim to mydaytrip.com regarding the submission of material by you and/or the upload by you of photos (in particular in matters of any violation of personal, copyright, brand or performance rights) you are under obligation to recompense mydaytrip.com for all damages incurred by mydaytrip.com due to your own culpable breach of duty. You are at liberty to produce any proof that no or lesser damage than that claimed by mydaytrip.com actually occurred.

mydaytrip.com has is entitled but not obliged to check, within legal limits, all areas of the mydaytrip.com service to make sure that no infringement of the terms of use has occurred, particularly the code of conduct laid out in this section.

If you or a third party employing your user name intentionally breach these terms of use or the current laws mydaytrip.com has the right to take all necessary measures. A major breach could result in the full suspension of your access to mydaytrip.com or in the instant termination of your membership of mydaytrip.com.

mydaytrip.com reserves the right to block reviews submitted to mydaytrip.com in the case of any suspicion resulting from actual evidence of any breach of either legal guidelines or these terms of use. mydaytrip.com has the right to check and if necessary delete your submitted reviews and material.

If any breach of criminal or public laws is suspected mydaytrip.com is also entitled to support the investigations of law enforcement or other official agencies without checking the legitimacy of their enquiries or their requests for information.

f. Liability, Indemnity

mydaytrip.com is liable for any criminal breach of basic contractual obligations and adopts a legal warranty (§§ 444 BGB) in line with legal requirements. In the case of damages based on the lack of an agreed warranty, mydaytrip.com is only liable for damages that should be covered by such an agreement. In all other cases mydaytrip.com is only liable if the damages caused were the result of deliberate intent or of gross negligence.

Insofar as mydaytrip.com’s liability is precluded or limited by the aforementioned regulations, this applies equally to the liability of employees, representatives or agents of mydaytrip.com.

The aforementioned regulations do not affect in any way damage liability for injuries caused to life, body or health and liability in accordance with the Product Liability Act.

mydaytrip.com offers a platform for material submitted by third parties; this material is not owned by mydaytrip.com. mydaytrip.com therefore does not approve, hold any opinion of or even process this material. In matters of foreign content, responsibility lies exclusively with the relevant provider or the member who submitted the content to mydaytrip.com, not with mydaytrip.com. However if mydaytrip.com should become aware that this foreign content directly contravenes the terms of use, mydaytrip.com will take action in accordance with the measures itemised in the terms of use.

In any case where a breach of the terms of use is suspected, mydaytrip.com will not be held liable for failing to take such measures unless the breach can be proven.

Any intentional breach of these terms of use absolves mydaytrip.com of any damages that may arise, including any legal costs to the amount of the legally applicable fees.

g. Termination or cancellation of your mydaytrip.com membership

You are entitled to cancel your membership of mydaytrip.com at any time without giving any notice. mydaytrip.com is entitled to terminate your mydaytrip.com membership at any time.

mydaytrip.com is entitled to terminate your mydaytrip.com membership with no notice if you intentionally breach the terms of use. In the case of mydaytrip.com terminating your membership without notice you may only re-register with mydaytrip.com with the express consent of mydaytrip.com. mydaytrip.com members may not allow former mydaytrip.com members whose membership has been terminated without notice to use mydaytrip.com.

These terms of use do not affect your right to cancel your mydaytrip.com membership for reasons of necessity.

h. Final provisions

mydaytrip.com reserves the right within the terms of these final provisions to alter its provision of service and the terms of use, provided that the alterations are reasonably considered to be in your interests; this is relevant in particular where the alterations do not disadvantage you in any way, as with alterations in contact information, the introduction of additional services or similar.

Furthermore, mydaytrip.com will provide a minimum of one month’s advance notice of intention before the introduction of any alterations in the terms of use or any significant change in the service provided. You will receive this notice by email to the e-mail address you entered upon registration. Your consent to the alterations will be assumed if you do not raise any objection to the alterations within one month of receipt of such notice.

All legal matters arising from the use of the mydaytrip.com services fall under the jurisdiction of German Federal Law.

i. Contact information

Your mydaytrip.com customer services:

mydaytrip.com
Rosenstraße 17
10178 Berlin

info@mydaytrip.com

Represented by Herr Andreas Lange