The travel-related information, recommendations and suggestions that are provided through the Service are provided by third parties including but not limited to travel and booking platforms, airlines, ground transportation providers, map and traffic data providers etc. (“Third Party Data Suppliers”). The source of information that is provided through the Service is stored.
The Service contains hyperlinks to third party offers and services. Following such a link will open the website or app of the respective third party provider. Yilu has no influence over the content of third party websites or apps, and it does not become a party to or otherwise accepts obligations under any third party agreements that the User may enter into through such websites or apps.
User shall ensure that (i) all information submitted by User as part of the Service is accurate and current, and that User will keep such information updated during the Term, (ii) that User will treat any personal data of third parties, including but not limited to that of travel companions, that User submits as part of the Service in accordance with applicable law.
All rights in all data, texts, logos and other images (still or moving) that is part of the Service, including but not limited to data concerning travel, is the sole property of Yilu, the Third Party Data Suppliers and/or Yilu’s or the Third Party Data Suppliers’ respective licensors. User shall derive no right to databases created by [Yilu] and/or third parties from this Agreement except as stated in Section 2.2 below.
The Service may be updated and developed continuously over time. Yilu may modify the Service without prior notice and provided that the modification is reasonable taking into account the interests of the User. A modification shall, in particular, not be unreasonable for the User if it is necessary to adapt the Service to changed circumstances with regard to technological developments, market requirements, changes in the applicable law, and in case of any new features, functions, or services added to the Service. Therefore, the User is granted a right of use only for the then-current version of the Service. If a modification of the Service is not reasonably acceptable for User, User shall have the right to terminate the Agreement upon notice with immediate effect. User shall have no other claims against Yilu due to modifications to the Service within the scope of this Section .
Subject to Section 5.2 and 5.4, Yilu shall be liable for damages and futile expenses caused to User (jointly the “Damages”) pursuant to statutory law.
The liability of Yilu for Damages of User (irrespective of the legal nature of the claim, whether under contract, tort, or otherwise),caused by (i) a breach of material contractual obligations under the Agreement with ordinary negligence (einfache Fahrlässigkeit), or (ii) a breach of non-material obligations by employees or vicarious agents of Yilu who are not legal representatives or executive officers (leitende Angestellte) of Yilu with gross negligence (grobe Fahrlässigkeit), shall be limited to those Damages foreseeable at the time of the conclusion of the Agreement that typically arise in transactions of this kind; caused by a breach of non-material obligations under the Agreement with ordinary negligence (einfache Fahrlässigkeit) shall be excluded; and caused by a defect of the Service that already existed at the conclusion of the Agreement shall be excluded, provided that the Damages were not caused by negligence or willful intent of Yilu.
For the purposes of this Agreement, a material contractual obligation of Yilu is an obligation, the fulfilment of which is a prerequisite for enabling the proper fulfilment of the Agreement and on the fulfilment of which the User regularly relies and may rely.
Insofar as Yilu provides the Service to User free of charge, Yilu’s liability for Damages caused to User shall, in analogy to section 599 of the German Civil Code (BGB), be limited to cases of gross negligence (grobe Fahrlässigkeit) or willful intent (Vorsatz).
Notwithstanding Sections 5.2 and 5.4, nothing in this Agreement shall limit the liability of Yilu for Damages arising from death or personal injury, from breach of a contractual guarantee as to the quality of goods or services or, in case of any other liability pursuant to applicable mandatory law, where such liability cannot be excluded or limited by agreement between the Parties in advance (e.g., under section 1 of the German Product Liability Act).
The above-mentioned limitations to liability apply accordingly to the liability of employees, executive officers, legal representatives and vicarious agents of Yilu.
This Agreement shall continue in force indefinitely until terminated by either Party, either (i) for convenience with no less than one (1) week’s notice or (ii) in accordance with any applicable statutory termination right (the period during which this Agreement is in force being the “Term”).
The Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all previous written and oral agreements in this regard. No further verbal or written agreements, arrangements, or commitments with respect to the subject matter of the Agreement exist.
If any provision of the Agreement is found by a competent court to be unenforceable or invalid under applicable law, the validity of the remaining provisions shall not be affected. The Parties shall replace any invalid or unenforceable provision and remove any omission by a valid and enforceable provision that the Parties would have agreed on in good faith if they had been aware of the invalid or unenforceable provision or the omission when entering into the Agreement.
Yilu reserves the right to change or amend the Agreement at any time with effect for the future. Any change or amendment will be announced to User in writing, by email and/or by display in the Account at least two (2) weeks prior to its effective date and will state the effective date of such change or amendment.
User has the right to object to any change or amendment of the Agreement within two (2) weeks after the date of receipt of the notification of such change or amendment. In case of a timely objection, each Party is entitled to terminate the Agreement for cause upon notice to the other Party, such termination to take effect on the effective date of the change or amendment that gave cause to the objection. If User does not object within the objection period, the change or amendment shall be deemed accepted by User and become part of the Agreement.
In its notification, Yilu will inform User of User’s aforementioned right to object within two (2) weeks, both Parties’ rights to terminate the Agreement in case of such objection, and the legal consequences of non-objection.
The Agreement, including any obligations, rights, and claims of the Parties arising out of or in connection with the Agreement, any questions regarding its valid conclusion, and any amendments hereto – irrespective of their legal grounds (e.g., under contract, tort or otherwise) – shall be exclusively governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict of laws provisions. If the User is acting as a consumer within the scope of Regulation (EC) No. 593/2008, the foregoing choice of governing law shall not have the result of depriving the User of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the laws applicable where the User habitually resides.
If the User is not acting as a consumer within the scope of Regulation (EU) No. 1215/2012, the competent courts of Germany shall have exclusive jurisdiction over any claim, dispute or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Yilu, at its option, shall also be allowed to bring suit at the seat of the User.
If (i) the User is a merchant (Kaufmann) within the scope of the German Commercial Code (HGB) with its seat in Germany or (ii) the User has its seat outside of Germany and is not acting as a consumer within the scope of Regulation (EU) No. 1215/2012, the competent courts in Berlin, Germany, shall have exclusive jurisdiction over any claim, dispute, or action arising under or in connection with the Agreement, including disputes on its valid conclusion, irrespective of the legal nature of such dispute, claim, or action, except that Yilu, at its option, shall also be allowed to bring suit at the seat of the User. Mandatory statutory provisions on the exclusive jurisdiction of certain courts shall not be affected by the foregoing provisions.
Neither Party shall assign the Agreement or any rights or obligations thereunder to any third party without the prior written consent of the other Party. Notwithstanding the foregoing, (i) either Party may assign without consent of the other Party to any third party any claim under the Agreement that has been recognized in writing by the other Party or confirmed by final judgment of a competent court; (ii) Yilu may assign the entire Agreement pursuant to a merger or a sale of all or substantially all of its assets or capital stock; or (iii) Yilu may assign the entire Agreement to any successor or assignee of all or substantially all business related to the Service. Subject to the foregoing restriction on assignments, the Agreement shall be fully binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Except as permitted by the foregoing, any attempted assignment or delegation will be void.
The European Commission offers a platform for online dispute resolution (“ODR”) under www.ec.europa.eu/consumers/odr. Yilu is neither obligated nor ready to participate in ODR.