Vendor Terms of TripUp GmbH, Hamburg
Version 30 June 2025
Introduction
TripUp GmbH, Hamburg (hereinafter „TripUp“ and including all its affiliates, subsidiaries, officers, and employees) operates the internet booking platform www.meine-landausfluege.de („Meine Landausflüge„) and all related internet domains and -presences (the „platform„). The platform includes all site(s), apps, tools, platforms and/or other entities of TripUp and its affiliates, on which or through which the service is marketed to customers.
The platform enables consumers (hereinafter „customers„) to book touristic services (hereinafter „services„) that are offered and operated by tour operators in destinations worldwide (hereinafter the „provider“ or „he„).
1. Scope of the conditions
These conditions (hereinafter the „conditions“ or „agreement„) apply to the relationship between the provider and TripUp.
The provider instructs TripUp as commercial agent and empowers TripUp to handle the initiation and the conclusion of the booking in relation to the service.
In addition, the provider authorizes TripUp, to conclude the cash-collection for booked services from the customer.
TripUp advertises the service of the providers and encourages the customers in general to give orders.
In addition, TripUp is responsible for all customer related correspondence (provision of booking confirmations and tour tickets, general attendance etc.). A direct communication between the provider and the customer may only relate to the actual handling and operation of booked services.
The provider will at no point in time contact customers of TripUp for marketing purposes or to sell his services directly to them. Under no circumstances will he use transmitted e-mail addresses and / or telephone numbers for any other reason but to settle operational issues on or before the tour date. TripUp reserves all legal rights to claim any damages resulting from providers directly approaching customers for marketing purposes.
2. Obligations of the provider
2.1 Information obligations
The provider ensures that all information transmitted to TripUp are always correct, true and not misleading in connection with its offer. These include the excursion description, information about meeting points, group sizes (min. and max. number of participants), difficulty levels, the necessary equipment, catering etc. The provider transmits this information in German or English language to TripUp. Other languages are not permitted. If English information is provided, TripUp will undertake the translation into the German language.
The provider may be held liable for all claims of the customer, if these inaccuracies have been already included in the information originally provided to TripUp. Once the provider detects an inaccuracy in the transmitted or translated information, he shall inform TripUp immediately.
Bookings transmitted by TripUp have to be confirmed (or declined) by the provider within 48 hours, latest 15 days prior to the tour date. Additional short-term bookings (received within 14 days prior to the tour date) shall be confirmed (or declined) as soon as possible (max. 48 hours).
2.2 Legal obligations
The provider guarantees that the services are provided in accordance with all applicable laws of the country in which the services are executed, and that the provision of the services does not violate any rights of third parties. In particular, the provider guarantees that he possesses all administrative and other permits and licenses as well as insurance and similar features that are required in the legal system of the country in which the services are executed.
The provider guarantees that all agents (e.g. tour guides) employed or mandated by him are in possession of all necessary approvals and comply with all legal requirements, including professional qualifications and authorizations. The provider is fully responsible for the behavior of his agents to the customers.
In general, TripUp assumes the provider to employ his own resources when carrying out the services. If the provider acts as an intermediary or broker of services (e.g. by subcontracting independent tour guides), he is treated as our sole legal party and may be held liable for any damages and claims resulting hereof.
The provider is obliged to conclude comprehensive general liability insurances for all services offered to TripUp. The provider must necessarily have a sum insured that is appropriate for the specified booking volumes and risks. Moreover, the general liability insurance has to cover potential claims for compensation from TripUp.
The provider is obliged to grant a so-called „back-to-ship-on-time“ guarantee. This means that the provider has to take precautions to ensure that customers are brought back to the cruise ship or to the contractually agreed place in time, regardless of all and any disruptions in the chain of services booked. In case of a delay in the services and in case the provider cannot make sure that the customers are brought back to their cruise ship or to the place contractually agreed in time for reasons the supplier is accountable for (that includes negligence but excludes “force majeure”), the provider has to cover all costs resulting from this delay. This includes the costs for the subsequent transport to the nearest port on the route of the cruise ship, accommodation and meals, any costs for clothing and other costs incurred by the customer resulting directly from missing the departure of their cruise ship. The supplier is also responsible for organizing the subsequent transport (e.g. booking of flights) and any hotel stays required.
2.3 Diligence obligations
The provider is obliged to align the sent bookings with the cruise ship’s berthing time and to inform TripUp in case of any discrepancies. Furthermore, it is the provider’s responsibility to stay up to date about the effective berthing of the cruise ship (e.g. timing, location, exact cruise berth) and, if necessary, to make spontaneous adjustments to the planned pick-up and return procedures on spot.
The provider is required to validate the customer receipts. This means to check the respective customer receipts at the beginning of the service („Voucher“ or e-mail confirmation) and compare these with his own reservation lists. If customers appear to the service, who are not included in the reservation lists of the provider, he shall directly liaise with TripUp. In case the issue cannot be clarified immediately, the provider has to carry out the service to the customers in question, provided sufficient capacities exist. TripUp will refund the provider any additional costs that may incur to the provider, if he can provide respective documents and bills.
Should a customer not appear at the agreed time and meeting place, the provider must first attempt to reach the customer on the phone. Does the provider have no (mobile) phone number of the customer in question or cannot reach the customer, he must hold immediate consultation with TripUp. Only if immediate clarification cannot be brought about either by the customer or with TripUp, the provider is entitled to perform the service without participation of the client concerned.
In some cases, TripUp will bundle customers from different cruise ships and book them on the same service. The provider is obliged to generally accept such bundlings and will apply every effort needed to find the best solution for such services together with TripUp, unless major reasons (e.g. logistics, transfer times between berths) prevent the service from being bundled to customers from different cruise ships.
The provider and his agents will always hold up signs stating the brand “Meine Landausflüge” and our logo when receiving customers from TripUp for their services.
Under all circumstances, the provider and his agents are obliged to inform TripUp immediately in case of any operational flaws (e.g. guide not being able to find the customers, accidents etc.)
3. Displayed content & Intellectual Property
The provider grants TripUp a non-exclusive, royalty-free and worldwide right, which entitles TripUp to use the provided content (e.g. images, videos). Use in this context means to reproduce, process, distribute, sublicense, and publish the content (also for marketing purposes, e.g. on social media channels).
The provider is liable for all claims of third parties with respect to the violation of the copyright to the content that he has made available to TripUp.
4. Cancellations
TripUp will be allowed to cancel any booking until 14 days prior to the tour date without any charges. For cancellations beyond this date the respective cancellation fees of the provider apply.
Should the provider offer its services to retail clients and applies stricter cancellation rules than the ones listed above, the above listed periods and charges will apply to TripUp nevertheless.
5. Extraordinary cancellations
The provider and TripUp may cancel all services due to “force majeure” without observing a cancellation period. “Force majeure” in this context may mean extraordinarily severe weather conditions, a strike, government action and all other unforeseeable or unavoidable external circumstances that make it impossible, extremely difficult, or dangerous to carry out the service.
In this case, the provider is obliged to refund payments already received to TripUp. This is done to the exclusion of any liability or other claims on what legal basis whatsoever.
“Force majeure” is also valid for route changes of cruise ships on short notice, particularly port omissions and (significantly) shortened berthing times, because of which the service cannot be performed or cannot be performed to its full extent. This also applies if guests are unable to disembark on time due to delayed tender operations. It is recommended that the provider holds himself harmless against all claims from subcontractors (guides, drivers) in such cases.
Short-term cancellations by the provider due to unavailability of subcontractors (guides, drivers) will only be accepted in case of severe reasons (e.g. sickness) and against provision of respective documents proofing such reason.
6. Customer complaints
Should customers raise complaints or claims regarding the services, the provider is obliged to document these complaints or claims. TripUp will handle any customer complaint upon return of the customers in its sole discretion to offer damage payments or discounts. In such cases, TripUp will liaise with the provider and, in case both parties consider the claims justified, ask for respective compensation from the provider.
7. Invoicing and payments
For exclusive services for TripUp customers, TripUp is negotiating purchase prices for the services with the providers and, in turn, offers these services to customers at retail prices. In this way the commission is earned. The determination of the retail price lies in the discretion of TripUp, and TripUp is thus free to reduce the retail prices or the commission to increase occupancy and consequently reduce average purchase prices of certain services.
In case of shared (non-exclusive) tours offered by the provider, TripUp and the provider will negotiate a respective commission for these services, based on the official retail prices of the provider. In agreement with the provider, the retail prices may either be defined solely by the provider, or TripUp will be allowed to sell services with a self-defined markup. Short-term promotional measures and discounts are generally allowed for TripUp.
The provider will regularly issue a monthly invoice summarizing all services rendered in the past month to TripUp. The invoice must be issued in either English or German. Individual invoices (for only one or a few tours) will not be accepted. TripUp will validate the invoices and, accuracy and correctness provided, pay the provider within 5 working days after receipt of the invoice.
Payments by TripUp made to the provider are processed via bank transfer to a specified bank account. Direct debit transactions from the provider to TripUp are not possible.
TripUp generally does not send separate proof of payments for payment transactions. Exceptions may be possible for short term bookings upon request.
Transaction fees for transfers to the provider will be borne by either party (TripUp covering charges of its own bank, provider the charges of provider’s bank).
8. Customer ratings
After execution of a service, customers have the opportunity to evaluate the booked services using the evaluation system of TripUp. The aim of the evaluation system is to create meaningful and accurate feedback and profiles of providers in terms of their performance, their reliability and their seriousness. These profiles of the services (not of the providers) are public and can be viewed by each visitor on the platform. All content provided in this evaluation system is the property of TripUp. The provider is not allowed to publish assessments without the prior written consent of TripUp on his own website / third-party websites.
9. Data privacy protection
The provider confirms that he has reasonable security procedures and controls installed and maintained, and that he will establish and maintain this to prevent the inadvertent disclosure of and unauthorized access to, or the unlawful use of personal data or information from customers.
Neither the provider nor its affiliates participate directly or indirectly in marketing or promotional activities to customers, or similar messages to customers who have booked with them through the platform.
The provider is obliged to treat all customer-related information (e.g. email data or phone numbers) in accordance with the EU General Data Protection Regulation (and all adopted within the framework of laws) in their amended, updated, replaced or expanded form.
TripUp will forward any customer request regarding nature, extent, and localization of their personal data being stored to the provider. The provider is obliged to answer to such requests without undue delay. Should customers require to have their personal data being completely deleted, the provider will confirm to TripUp to have completely deleted all personal data related to the customer in a timely manner, and (technical feasibility provided) give proof of such deletion.
10. Duration and termination of contracts
Contracts under these conditions are generally closed with unlimited duration.
However, both parties are entitled to terminate the contract applying a cancellation period of three months until calendar year end (i.e. cancellation coming to effect by 31st December of the respective year). Confirmed bookings must be serviced as scheduled by the provider under all circumstances.
An extraordinary termination on serious grounds remains unaffected.
11. Amendments
TripUp reserves the right to change the provisions of these terms at any time and introduce new or additional provisions. TripUp will inform the provider with a message via e-mail of any changes to these conditions in due course.
If the service provider does not accept such amendments, he is entitled to cancel his contract with TripUp and announce this fact in writing. If the provider does not make use of such right within thirty (30) days of notification of a change or new or additional provisions of these terms, this means that he has accepted the amendments in question.
12. Final provision
Subsidiary agreements have not been made. All changes and additions to this contract must be in writing, in order to be legally effective.
These conditions and all claims arising from or in connection with contracts based on these conditions are subject to German law excluding the rules of private international law and must be interpreted in accordance with this law. Place of performance and the exclusive venue for any disputes arising out of or in connection with the services is Hamburg, Germany.
Should one of the above provisions be legally invalid, a legally valid version shall take its place which corresponds to the purpose of the provision in question to the best extent possible. All other provisions shall remain valid independent of it.