User Terms and Conditions for the online offer of Must Do in Dubai Platform
1. Introduction
1.1 Must Do in Dubai On this Platform users have the chance to find and book tours, activities and experiences all over the world. The online offer comprises guided tours, cooking courses, sightseeing tours by bus, river barge trips, tickets for entry to sightseeing locations and other services. The offers are placed online by a range of local Suppliers around the world (hereinafter referred to as “Suppliers”) with whom the respective contract for tourist services is concluded (“service agreement”). The Suppliers’ services can be accessed via the Must Do in Dubai Platform and bookings can be made.
1.2 Must Do in Dubai Deutschland GmbH approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:
a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities (Section 13 German Civil Code – “BGB”).
b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract (Section 14, paragraph 1, BGB).
c. The “user” denotes a natural person, unless this person has been explicitly registered with Must Do in Dubai Deutschland GmbH as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.
2. Subject matter of part II of these General Terms and Conditions
These General Terms and Conditions apply to any use of the Must Do in Dubai Platform, such as via the internet and apps. The contractual relationship between the user and Must Do in Dubai Deutschland GmbH generally only comprises the proper referral of users to the respective Supplier, or the transfer of data via users who are provided by a sub-agent . Must Do in Dubai Deutschland GmbH does not appear itself as the organizer, lessor, seller or other contract partner with regards to the tourist service agreement with the user. Consequently, part II of the General Terms and Conditions of Must Do in Dubai Deutschland GmbH shall apply to offers on the Must Do in Dubai Platform and the provision of users to the Supplier. Part II of the General Terms and Conditions applies to the use of Must Do in Dubai Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Supplier, as per part III of these General Terms and Conditions, apply to the respective tourist service agreement between the user and the Supplier.
3. Registration
3.1 The use of Must Do in Dubai Platform’s offer can generally be done anonymously.
3.2 Certain types of use of Must Do in Dubai Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with Must Do in Dubai Deutschland GmbH is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.
3.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.
4. Services of Must Do in Dubai Deutschland GmbH/Conclusion of contract
4.1 Once the user has entered his/her desired service on the Must Do in Dubai Platform (e.g. travel destination, type of tour, start time, number of participants & price options), Must Do in Dubai Deutschland GmbH shall show the user the information about the Suppliers’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Supplier, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.
4.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Supplier of tours and other tourist services in Part III.
4.3 Must Do in Dubai Deutschland GmbH shall notify the user of the conditions of transport and business of the Supplier for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Supplier reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.
4.4 Must Do in Dubai Deutschland GmbH shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Supplier, as well as a payment confirmation. The use of the Must Do in Dubai Platform itself is essentially free of charge for the user. The costs for the technical access to the Must Do in Dubai Platform (e.g. internet access) are to be borne by the user. Must Do in Dubai Deutschland GmbH is permitted to collect the invoiced amounts in the name of, and behalf of the Supplier.
4.5 Must Do in Dubai Deutschland GmbH shall forward the user any data for the use of a Supplier’s service according to the applicable conditions (such as ticket data), once they have been received by the Supplier.
4.6 Must Do in Dubai Deutschland GmbH assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Supplier, as all the information indicated and forwarded is based on data from Suppliers or third parties, which Must Do in Dubai Deutschland GmbH cannot check in detail.
5. Payments on Must Do in Dubai
5.1 The service agreement concluded with the Supplier shall apply to the fees to be paid by the user for the services of the Supplier.
5.2 Must Do in Dubai Deutschland GmbH is permitted to collect the invoiced amounts in the name of and on behalf of the Supplier, provided nothing else has been explicitly stated in the Supplier’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), Must Do in Dubai Deutschland GmbH can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. Must Do in Dubai Deutschland GmbH can charge the user a suitable conversion charge for this.
5.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Supplier. The user can only assert the repayment of a payment to the respective Supplier. A refund granted by the Supplier can also be processed by the Supplier via Must Do in Dubai Deutschland GmbH. To simplify the process for the user, communication via Must Do in Dubai Platform is recommended.
5.4 To use the payment functions of Must Do in Dubai Deutschland GmbH, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. Must Do in Dubai Deutschland GmbH can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.
5.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. Must Do in Dubai Deutschland GmbH reserves the right to make the use of the payment function of Must Do in Dubai Deutschland GmbH dependent on a check of the credit rating of the user.
5.6 If the user uses a credit and/or debit card issued in the US for the payment transaction, the payment is processed by Must Do in Dubai Operations Inc., a subsidiary of Must Do in Dubai Deutschland GmbH. US users can get in touch with the Must Do in Dubai customer support for the US as set out in the contact area of the Must Do in Dubai website
5.7 If the user uses a credit and/or debit card issued in Australia for the payment transaction, the payment is processed by Must Do in Dubai Australia Pty. Ltd., a subsidiary of Must Do in Dubai Deutschland GmbH. Australian users can get in touch with the Must Do in Dubai customer support for Australia as set out in the contact area of the Must Do in Dubai website.
5.8 If the user uses a credit and/or debit card issued in Canada for the payment transaction, the payment is processed by Must Do in Dubai Canada Inc., a subsidiary of Must Do in Dubai Deutschland GmbH. Canadian users can get in touch with the Must Do in Dubai customer support for Canada as set out in the contact area of the Must Do in Dubai website.
6. Pricing of Must Do in Dubai Deutschland GmbH
6.1 All prices on Must Do in Dubai are quoted per person and include VAT and all other taxes. Local taxes may be charged on site.
6.2 These prices specified by the Suppliers may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.
7. The best price guarantee of Must DO in Dubai Deutschland GmbH
7.1 Must Do in Dubai Deutschland GmbH would like the user to pay the lowest possible price for the respective service. If the users find the offer they have booked via Must Do in Dubai Deutschland GmbH with the same conditions (town/city, number of people, availability) and at a lower price online, Must Do in Dubai Deutschland GmbH shall pay the user, on a voluntary basis, the difference between the price paid and the lower price found on the internet.
7.2 All special offers and promotional campaigns are marked as such.
8. Duties and obligations of the user
8.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to Must Do in Dubai Portal using his/her registration data. The user shall be accountable for all use of his/her user account on Must Do in Dubai Portal.
8.2 After receiving the service information, the user can send any orders to Must Do in Dubai Deutschland GmbH for forwarding to the Supplier.
8.3 The user shall exempt Must Do in Dubai Deutschland GmbH from third-party claims based on his/her use of the Must Do in Dubai Platform, unless they are the fault of Must Do in Dubai Deutschland GmbH.
9. Availability and warranty
9.1 There is no claim for availability, quality or service features, or technical support for the Must Do in Dubai Platform. Must Do in Dubai Deutschland GmbH can redesign, reduce or suspend their online portal Must Do in Dubai at any time, at its discretion. Existing agreements of the user with a Supplier, as well as the execution of these agreements, remain unaffected by these changes.
9.2 Must Do in Dubai Deutschland GmbH makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Suppliers).
9.3 Must Do in Dubai Deutschland GmbH makes no guarantee or warranty for the services provided by the Suppliers. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Supplier.
9.4 Provided Must Do in Dubai Deutschland GmbH does not have any obligation to the user, Must Do in Dubai Deutschland GmbH also provides no guarantee.
10. Liability of Must Do in Dubai Deutschland GmbH
10.1 If Must Do in Dubai Deutschland GmbH has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Suppliers in line with the booking request of the user.
10.2 Without explicit agreement or an assurance of this kind, Must Do in Dubai Deutschland GmbH is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided. If several tourist services are provided (in accordance with the legal term “package holidays”) this does not apply, unless Must Do in Dubai Deutschland GmbH gives the impression, as per Section 651a, paragraph 2, BGB that it performs the intended travel services under its own responsibility.
10.3 Any liability of Must Do in Dubai Deutschland GmbH due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.
10.4 The liability of Must Do in Dubai Deutschland GmbH for contractual claims of the user is limited to three-times the price of the tourist services procured, except for
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- any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfilment of the contractual purpose
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- liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by Must Do in Dubai Deutschland GmbH or a vicarious agent of Must Do in Dubai Deutschland GmbH
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- liability of Must Do in Dubai Deutschland GmbH for other damage incurred by the user due to a grossly-negligent breach of duty by Must Do in Dubai Deutschland GmbH or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of Must Do in Dubai Deutschland GmbH.
10.5 For ordinary negligence, Must Do in Dubai Deutschland GmbH is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.
10.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.
11. Termination
Users can cancel their registration on Must Do in Dubai Portal at any time by blocking their user account. Must Do in Dubai Deutschland GmbH can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.
12. Evaluation function of Must Do in Dubai Deutschland GmbH
12.1 Users have the opportunity to have personal influence on the content of Must Do in Dubai Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does Must Do in Dubai Deutschland GmbH make user content its own, it merely provides a Platform.
12.2 Must Do in Dubai Deutschland GmbH can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.
12.3 Must Do in Dubai Deutschland GmbH can remove or report user content where necessary and at its own discretion. For example, Must Do in Dubai Deutschland GmbH can remove user content if it violates the Must Do in Dubai Deutschland GmbH principles for content, in the opinion of Must Do in Dubai Deutschland GmbH. Must Do in Dubai Deutschland GmbH is not obliged to store copies of user content or provide copies thereof. Must Do in Dubai Deutschland GmbH does not guarantee the confidentiality of user content.
12.4 Must Do in Dubai Deutschland GmbH and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.
12.5 The users shall fully indemnify Must Do in Dubai Deutschland GmbH and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against Must Do in Dubai Deutschland GmbH concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on Must Do in Dubai Platform. This does not apply if Must Do in Dubai Deutschland GmbH is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide Must Do in Dubai Deutschland GmbH with all the information necessary to verify the claims and defend them.
13. Data protection
13.1 Must Do in Dubai Deutschland GmbH collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Must Do in Dubai Deutschland GmbH between the user and Must Do in Dubai Deutschland GmbH.
13.2 If Must Do in Dubai Deutschland GmbH is involved in the communication for a service agreement between the user and the respective Supplier, it shall transfer the data required for this agreement to the respective Supplier. This Supplier processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Supplier can be taken from the booking dialogue.
13.3 Further information can be found in the data protection conditions of Must Do in Dubai Deutschland GmbH at privacy policy.
14. Changes to these General Terms and Conditions
14.1 Must Do in Dubai Deutschland GmbH reserves the right to change these General Terms and Conditions at any time and without stating the reasons. Must Do in Dubai Deutschland GmbH will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. Must Do in Dubai Deutschland GmbH will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.
14.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Supplier. The respective conditions valid for each individual contract conclusion shall apply.
15. Other provisions
15.1 These General Terms and Conditions represent the whole agreement between Must Do in Dubai Deutschland GmbH and the user. No additional agreements exist.
15.2 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order, as the consumer, and at the time of the order your normal place of residence is in another country, the application of the mandatory legal provisions of this country remain unaffected by the choice of law in clause 1. The exclusive place of jurisdiction is Berlin, provided the user is a tradesperson as per the German Commercial Code or does not have a permanent place of residence in Germany when the suit is filed. The legally-binding places of jurisdiction remain unaffected by this.
15.3 If provisions of these General Terms and Conditions are or become invalid, this shall not affect the validity of the rest of the provisions.
Must Do in Dubai Deutschland GmbH