This supplier agreement (the “agreement”) exists between you (“supplier”) and Tiketi.com all alone benefit and self. Every characterized term utilized thus should have the importance agreed to those particular terms in the agreement.
You consent to give relative tours, activities, accommodation and other travel-related destination services (“products”) that Tiketi.com may showcase and appropriate through different possessed, subsidiary, related and third party online and offline promoting and travel conveyance channels with the intention of moving reservations to your business.
2. Our contract
The relationship between us is solely that:
2.1.1 supplier acknowledges and embraces this terms and conditions, all of which are consolidated in this agreement. In case the supplier is going into this agreement with the intention of representing an organization or other lawful body, supplier speaks and indicates to that it has the power to bind such body to these terms and conditions, in which case the expression “supplier” „you” may allude to such body. It would be ideal if you precisely read through the accompanying terms and conditions and don’t consent to exist as an Tiketi.com supplier until you have done such. By consenting to turn into an Tiketi.com supplier and giving supplier products to Tiketi.com’s resale and employing distribution through Tiketi.com’s distribution channel, supplier consents to the terms of this agreement, including without restriction all responsibilities authorized on supplier hereunder. If that supplier does not wish to do so and concur, or does not have the power to go into this agreement, don’t make a registration to end up as an Tiketi.com supplier and don’t give Tiketi.com with supplier products to resale and distribution through Tiketi.com’s distribution channel.
2.1.2 We act as your agent solely in the collection of money paid by your customer.
2.1.3 We are not, partners or joint venturers.
2.2. If you place a travel product and service for sale on our website, you do so subject to these terms.
2.3. In consideration of the commission, we provide for you a market place accessible via the Tiketi.com website or app. Tiketi.com does not charge fees for listing holiday packages, tours and activities on its website.
2.4. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on our website at the time that the contract was made.
2.5. In contracting with users of our website, we make certain assumptions as to your compliance with the law and to the procedures set out on our website.
2.6. Insofar as we provide points of guidance on our website, relating to booking cancellations, payments and other practical matters, such guidance is not to be interpreted as appropriate to your particular products or circumstances. They do not differentiate between the compliance requirements of different merchants nor do they cover exclusions which may apply to you or to some of your products. Accordingly, you must not assume that you have complied with the regulations by adopting our standards. Accordingly, your compliance must be provided by:
2.6.1 Your business procedures;
2.6.2 All of the pre-purchase information you give to prospective customers;
2.6.3 The content on your website.
For the sake of booking travel products and services, we remind you that the regulations provide that all information of whatever nature, provided to a customer, is deemed to be relevant and true.
2.7. Although we are not a party to your contract with a customer introduced to you via our website, we shall remove your products from offer if a customer or site visitor has a valid complaint against you.
2.8. Subject to this agreement and to the procedures set out on our website, you may enter a travel product and service for sale through our website.
2.9. Because we are not your agents except to market your travel products and services and take payment, all your obligations under the regulations must be fulfilled by you. That means the information you provide to us by entry or upload into our website must be clear, sufficient and complete, to comply with the regulations.
2.10. Because every reference to a travel product and service of yours, made by you or by us, may be treated by a consumer as contractual, you agree:
2.10.1 To make clear any contractual term in content you place on our website, which may be different from any term on our website.
2.10.2 That no content on your website will contradict content you place on our website.
3. Your licence to us
3.1. You now warrant that:
3.1.1 You have the authority to enter into this agreement and bind the person or organisation named by you as the supplier and licensor;
3.1.2 You own the copyright in all content you may post to our website or that you have the permission of the owner to use it and to grant this licence to us.
3.1.3 You know of no lawful reason why any person should object to or claim for infringement of, any intellectual property right relating to any content you may post.
3.2. In posting data through our service you grant to us an irrevocable, sub-licensable, licence to display your travel products and services in images and text in the public domain. In doing so you understand and accept that we shall grant a sub-licence to any person in any terms we may from time to time decide, to download your travel products and services images or any other content, to his personal computer or mobile phone.
3.3. We will use that licence only for commercial purposes in reference to Tiketi.com and will stop using it after a commercially reasonable period of time.
3.4. You agree to waive of your right to be identified as the author and your right to object to derogatory treatment of your content.
3.5. You now irrevocably authorise us to publish feedback/reviews, comments and ratings about your activity through our website, even though it may be defamatory or critical.
3.6. Posting content does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
3.7. You understand that you are personally responsible for your breach of intellectual property rights, defamation, or any law, which may occur as a result of any content having been posted by you;
3.8. You accept all risk and responsibility for determining whether any content is in the public domain and not confidential.
3.9. Please notify us of any security breach or unauthorised use of your account.
3.10. We do not solicit ideas or text for improvement of our service, but if you do send to us material of any sort, you are deemed to have granted to us a licence to use it in the terms set out at sub paragraph 3.2 above.
4. Your travel product and service placement
4.1. Not knowingly to place any travel products and services for sale which is not of merchantable quality or which is not fully explained to a customer before purchase.
4.2. Immediately to remove from sale on our website any travel product and service which for any reason, you are unable to supply.
4.3. Not to re-place any travel product and service we remove from offer for sale.
5. Your account and personal information
5.1. When you visit our website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
5.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
5.3. You agree to notify us of any changes in your information immediately.
5.4. We may terminate your account immediately and without notice to you if you fail to notify us of any such changes.
6. The booking procedure
6.1 Bookings and availability
You agree that a contract to sell a product offered by you is a firm and binding contract as soon as customer’s payment has been accepted by our payment service provider. Supplier consents to acknowledge and embrace or dismiss the booking demand within forty-eight (48) hours. In the event that supplier acknowledges and embrace the demand, the product will be regarded as acquired, bought and affirmed.
Supplier will oversee and administer product bookings, including without constraint tolerating, dismissing and affirming product bookings, utilizing the platform made accessible by Tiketi.com. The supplier will process and type in the information of the services into the supplier account. He is in charge of guaranteeing that the given detail is dependably up-to-date. Reviewed, annulled, or invalid services must be erased quickly. The supplier offers holiday packages, tours, transfers or leisure activities under his own name/brand. The supplier of tours, transfers and leisure activities must include their name/brand under the section “policy” in the “policy and terms” field (in your dashboard) as follows: Organized by: “name/brand”.
Supplier agree to provide an adequate stock of any product placed by you for sale through our website and to tell us, through your control panel, if at any time your supply is exhausted. If that happens, you must also remove the product from sale or mark it as unavailable.
The supplier is assumed to manage and treat every one of customers’ requests and questions, and etc. got through Tiketi.com solely on the platform. The supplier will neither straightforwardly nor indirectly persuade customers, who reached through Tiketi.com, to book a service outside the platform. In the event that imminent customers, who contacted through Tiketi.com, ask to book a service outside the platform, the supplier will direct him back to the platform.
The supplier may not in his service portrayal or in the gathering or by means of a private direct message direct customers to his own particular outer web site, a third party website/interface, or generally given details to reach outside of the platform.
The supplier is responsible to offer customers an appropriate receipt or invoice that conforms to all pertinent tax prerequisites. In the event that a customer can book a specific product since supplier seems to have accessibility for such product through the Tiketi.com interface, supplier will acknowledge and regard such booking. If booking is done through the Tiketi.com interface and resulted to be disabled, with no concern to mistake or fault and with or without notification, supplier consents to quickly return to overseeing booking affirmations either through messaged booking affirmations sent from Tiketi.com or through other improved technology made accessible by Tiketi.com.
Supplier will inform Tiketi.com of any alterations (e.g., changes to itineraries or timings), cancellations (e.g., visit cancellations, sold-out dates) and whatever other up-to-dates informatiion regarding products no less than six (3) months ahead of time. If such notice done ahead of time is unrealistic, supplier will inform Tiketi.com instantly after getting to be conscious of such changes, cancellations or upgrades. If supplier does not inform Tiketi.com ahead of time of such alterations, cancellations and up-to-date and Tiketi.com make a refund to customers for the related products as a consequence of the alterations, cancellations or upgrades, supplier consents to repay Tiketi.com for all sums forgone by Tiketi.com and pay sensible sums for Tiketi.com’s works.
The supplier attempts thus to supply Tiketi.com at the best market rates. The costs of the supplier offered to Tiketi.com consist of all duties, including any tourist taxes if any.
The supplier will guarantee that the offering rates as offered by you to Tiketi.com through any way shows to be the best accessible costs for the room, tour, activity such that a lesser cost may not be gotten by booking directly with you or by means of another party or by means of another means.
The supplier shall give Tiketi.com such accessibility that is in any event as great as those gave to any competitors of Tiketi.com.
The supplier will guarantee that the supply offered to Tiketi.com shows that all the classes of the tour/package and rate arranges as are accessible and available to be purchased on whatever other online or offline means. This assurance likewise applies to bookings done at the last minute.
If supplier requires to make a contact with the customer, supplier shall utilize just the interface made accessible by Tiketi.com, unless consented to generally by Tiketi.com. The supplier is mandated to handle every one of customers’ request and questions,etc. got through Tiketi.com solely on the platform. The supplier will not be permitted to persuade customers directly or indirectly, who reached through Tiketi.com, to book an service outside the platform. If that planned customers, who reached through Tiketi.com, ask to book a service outside the platform, the supplier will direct him to the platform.
If supplier needs a voucher or affirmation of procurement or transaction, supplier will acknowledge an electronic voucher for every sold product by Tiketi.com or through one of Tiketi.com’s distribution channels. If supplier can’t acknowledge electronic vouchers for a specific product, supplier must demand endorsement from Tiketi.com and Tiketi.com may in its sole and supreme attentiveness waive the electronic voucher prerequisite, which waiver may be given by Tiketi.com by email.
If the supplier does not have the capacity to fulfill its commitments to give a service to a customer holding an approved and affirmed booking because of overbooking, and so forth, the supplier shall speedily get in touch with Tiketi.com. The supplier will attempt its absolute best capacity to locate an equivalent service for the customer or unrivaled quality at the supplier’s expenses. Commission shall be accommodated for and paid to Tiketi.com for such bookings, as with whatever other bookings.
Products may be offered for sale subject to any discount or promotion arranged between you and us.
Tiketi.com should be qualified to provide a discount on the service cost – at its own expense up to the limit of the commission – to individuals who are members of a restricted client group.
Subject to discounts and promotions, products are offered for sale at a fixed price, inclusive of VAT.
All cancellations, with respect to the supplier and of the customers, must be made through the platform. Rate detail that is to be given by you by means of dashboard to Tiketi.com shall incorporate ALL appropriate taxes, expenses and administration charges. The detail must be simple as possible and clear to the customer. This likewise applies to the supplier’s cancellation and no-show regulations, which should be illustrated obviously in unabbreviated English.
We deal with the customers’ payment gathering by means of a payment service provider and the gotten installments are specifically transfer payments are sent directly to the supplier account. It is at our sole decision to pick a payment service provider. Tiketi.com may not be held at risk for customers’ payments and is not at risk if there should be an occurrence of incomplete or error in typing and entering of the supplier’s bank account details into the supplier account. Should customers cross out their credit card payment before the utilization of the booked service or the payment is not satisfied for some other reason, Tiketi.com will notify the supplier promptly.
In the event that a credit card payment is retrieved after the satisfaction of the agreement between the supplier and the customer, Tiketi.com will notify the supplier. Tiketi.com will notify the payment service provider about the purposes behind withdrawal as per the particulars of the credit card management and request that the supplier remark within 5 (five) working days. Tiketi.com will put forth the writing notification to the credit card management.
Tiketi.com is not liable to take lawful precautions of any type against customers, who don’t pay for a specific service or cancellation, or who withdraw back a charge card payment. Tiketi.com will forward these cases, if any, to the supplier, if conceivable.
8. Payment terms
8.1. We sell your travel products and services at the price you place on it, subject to these terms. Tiketi.com needs a commission for taking care of the booking process. Our commission are payable on demand. You irrevocably authorise us to deduct them from sums paid to us by customers after booking of a specific service. In the event that no payment is deposited to Tiketi.com (e. g. termination of credit card payment), there will be no commission deposited to Tiketi.com.
8.2. The commission for Tiketi.com will be charged twice a month on the 15th and 30th at the rates paid by the customers. Any taxes and costs emanated from that are to be paid by the supplier won’t be repaid independently. Fees related to banking and other exchange or transaction expenses are to the detriment of the supplier. For every payment, Tiketi.com will make accessible to supplier detail on how the whole fees were remitted on the 5th (fifth) day of every month, enumerating the exchange or transaction ID and other booking details for transaction on every product consist in the payment.
8.3. Supplier will inform and carry along Tiketi.com of any charging disparities by email within forty five (45) days after the date on which the product was given by supplier to the customer or thirty (30) days after receipt of the remittance provision, whichever is later. Modification for charging errors will be made in Tiketi.com’s sole discretion after this period.
8.4. You shall guarantee that your bank account information supplied to Tiketi.com are accurate at all times and it is the supplier’s obligation to tell Tiketi.com immediately of any alteration to its bank account details.The supplier acknowledges and embraces the chosen payment system underneath from Tiketi.com.
Bank transfer payment:
Forwarded twice a month on the 15th and 30th by the supplier to Tiketi is the invoice and Tiketi will carry out payment by bank transfer to the supplier bank account within 7 business days after the
invoices or receipts have been received from the supplier. Supplier will make available the client’s
name, the booking number, the arrival period of the client and takeoff dates and the appropriate
charge rate for every service utilized.
Bank account name:
Bank Account number:
Bank SWIFT code:
Bank IBAN code (EU):
The supplier will forward to Tiketi.com twice a month on the 15th and 30th an invoice and Tiketi.com will carry out payment to PayPal email address beneath within 4 business days after acknowledging the receipts or invoices from the supplier. The supplier shall be liable for all the expenses charged by PayPal.
PayPal e-mail address:
8.5. Our website selling system is an automated system which can be followed by you through a “control panel”.
8.6. If we do or could earn interest on any cash balance in our control for the period between payment by a customer and our accounting to you, we are free to keep that interest and have no obligation to account for it to you.
8.7. If an action by a customer results in a charge back to our account, you agree that we may deduct the sum charged back together with any fee paid to our service provider and bank, from any sum due to you.
8.8. If you or we accept any cancellation from a customer and consequently refund his payment, we are not obliged to repay commission to you.
8.9. If in our discretion we believe that your performance as a supplier results in a significant number of charges back and / or customer disputes or if we believe you are in breach of this agreement, we are free to hold back payments to you until we are satisfied that disputes have been settled and / or breach rectified.
9. Distribution & online marketing
Tiketi.com will have sole decision and determination over the distribution channels used and product situation inside the distribution channels. Tiketi.com will be in charge of any relevant travel specialists’ bonuses and other middlemen’s expenses available to be purchased of products through the distribution channels.
You approve Tiketi.com to advance your travel products and services utilizing your name as for email or web showcasing, including pay-per-click publicizing and promotion. We may run these campaigns at our prudence and Tiketi.com is in charge of all publicizing and promotional expenses of these campaigns. The supplier concurs not to explicitly focus on the Tiketi.com logo brand directly through keywords transactions that utilize Tiketi.com’s protected intellectual property rights.
10. Force majeure
The disappointment of a party to run or carry out the commercial contract and these terms and conditions is the disappointment of a party to perform the commercial contract and these terms and conditions is pardoned if the non execution is brought about by power majeure, for example, war,upheaval, terrorist act, conclusion of fringes, pandemic, normal fiasco or different reasons that genuinely influence both sides and specifically the spot where the supplier is situated and in addition the nation of beginning of the client and other unforeseeable causes outside the parties’ control. Tiketi.com shall likewise be qualified to cancel or terminate, at no cost, any reserving when a force majeure event happens.
11. Your product warranties
You warrant that:
11.1. any product you place on our website for booking:
11.1.1 does not infringe the intellectual property rights of any person;
11.1.2 does not offend against the law of any country whose citizens might purchase it;
11.1.3 is not intended primarily to advertise any business, except your business, so far only as it is carried on through Tiketi.com.
11.2. you own the intellectual property rights in any product you place on our website for sale, or that you have the permission of the copyright owner:
11.2.1 to place the product on our website for sale;
11.2.2 to receive the net proceeds of such sales as arise;
11.2.3 to defend the copyright in the product.
Unakubali kutufidia dhidi ya hasara yoyote, uharibifu au dhima, tunayopata wakati wowote na kutokana na:
12.1. any act, neglect or default of yours in connection with this agreement or with any product of yours or with your use of our services;
12.2. your breach of this agreement;
12.3. your failure to comply with any law;
12.4. any act, neglect or default by any agent, employee, licensee or customer of yours;
12.5. a contractual claim arising from your use of the services;
This indemnity shall include all costs reasonably incurred by us without the need to prove they were necessary.
13. Insurance, permits, tax, health and safety
The supplier shows and guarantee that it shall receive, carry out proper maintenance and be compliance certain with (at its own particular cost) all local, state, federal and national laws, rules and regulations and much more other prerequisite of applicable authorities or bodies in connection to the availability of the services and/or this agreement (contract) including however not constrained to any working licenses, assents or allows that permit it to work as a supplier for paying clients for utilization of the services. The supplier may immediately give assertions of the same upon solicitation from Tiketi.com. Tiketi.com may end this contract hereafter if the supplier neglects to conform to this provision.
Guaranteed by the supplier is that it may acquire, uphold and affirm (at its own cost), at an acceptable level of insurance policies of protection required of a reasonable administrator in appreciation of all dangers emerging or which may emerge in connection to or associated with the provision of the services and/or this contract. The supplier shall immediately give and make available proof of the same upon solicitation from Tiketi.com. Tiketi.com may end this contract hereafter if the supplier neglects to conform to this provision.
Also guaranteed by the supplier is that all services made available or offered according to or regarding this contract are secure and agree completely with all local, state, federal and national laws, rules and regulations. The supplier shall give every one of the services as per great industry regulation and it shall make sure that the services are furnished with due expertise, care, consideration and perseverance.
14. Customer complaints
Complaints or claims in appreciation of (the service offered, rendered, or offered by) the supplier or particular solicitations made by customers are to be managed by the supplier as Tiketi.com is not in charge of and repudiates any risk in admiration of such claims from customers. Tiketi.com may whenever and at its sole discretion (an) offer customer (support) services to a customer, (b) go about as middleman between the supplier and customers, (c) offer – at the expenses and costs of the supplier – an option service of an equivalent or better standard in the occasion of an overbooking or other material abnormalities or objections in appreciation of the offered or offered service, or (d) generally help customers in their correspondence with or activities against the supplier.
After the satisfaction of a service, customers have the chance to make a review and remark a booked service through Tiketi.com’s review platform. The objective of this platform is to develop a significant and precise feedback and the supplier profiles as far as service rendering, execution, unwavering quality, and dependability. These profiles can be seen by any customer on the platform. All content gave in this review platform is the sole content property of Tiketi.com. The supplier is not permitted to distribute reviews on his personal site/third party sites without the earlier written agreement of Tiketi.com.
16. Restrictions on what you may post to our website
We invite you to contribute content to our website in several ways, as for example to upload information and sales material to promote your products/services. We have to regulate your use of our website to protect our business and our staff, to protect other users of our website and to comply with the law. These provisions apply to all users of our website.
We do not undertake to moderate or check content posted, but we do protect our business vigorously. If we believe content posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever ways we can.
You agree that you will not use or allow anyone else to use our website to post content, upload content or undertake any activity which is or may:
16.1. be unlawful, or tend to incite another person to commit a crime;
16.2. be obscene, offensive, threatening, violent, malicious or defamatory;
16.3. be sexually explicit or pornographic;
16.4. be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
16.5. use a posting to solicit responses unconnected with the purpose of our website or the terms proposed by this agreement.
17. Your posting: restricted content
In connection with the restrictions set out below, we may refuse or edit or remove a posting which does not comply with these terms.
In addition to the restrictions set out above, a posting must not contain:
17.1. hyperlinks, other than those specifically authorized by us;
17.2. keywords or words repeated, which are irrelevant to the content posted.
17.3. the name, logo or trademark of any organisation other than yours.
17.4. inaccurate, false, or misleading information;
17.5. material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18 years old.
18. Removal of offensive content
18.1. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
18.2. If you are offended by any content, the following procedure applies:
18.2.1 Your claim or complaint must be submitted to us in the form available on our website, or contain the same information as that requested in our form. It must be sent to us by post or email.
18.2.2 we shall remove the offending content as soon as we are reasonably able;
18.2.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
18.2.4 we are free to either re-instate your content, or not, as we decide.
19. Security of our website
If you violate our website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
19.1. modify, copy, or cause damage or unintended effect to any portion of our website, or any software used within it.
19.2. link to our site in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
19.3. download any part of our website, without our express written consent;
19.4. collect or use any product listings, descriptions, or prices;
19.5. collect or use any information obtained from or about our website or the content except as intended by this agreement;
19.6. aggregate, copy or duplicate in any manner any of the content or information available from our website, other than as permitted by this agreement or as is reasonably necessary for your use of the services;
19.7. hide or remove the banner advertisements on any page of our website;
19.8. share with a third party any login credentials to our website;
19.9. Despite the above terms, we now grant a licence to you to:
19.9.1 create a hyperlink to our website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
19.9.2 you may copy the text of any page for your personal use in connection with our business.
20. Storage of data
We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up in any particular circumstances unless we have made specific contractual arrangements with you in writing.
21. Copyright and other intellectual property rights
21.1. All content on our website, for example page text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of either us or our affiliates or suppliers of products for sale. It is all protected by international copyright laws.
21.2. You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as is expressly permitted in this agreement or with our written consent.
21.3. For the sake of good order you should note that copyright exists in compilations and graphic images, shapes and styles, as well as in raw text.
22. Disclaimers and limitation of liability
22.1. The law differs from one country to another. This paragraph applies so far as the applicable law allows.
22.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
22.3. We make no representation or warranty that our service will be:
22.3.1 useful to you;
22.3.2 of satisfactory quality;
22.3.3 fit for a particular purpose;
22.3.5 available or accessible, without interruption, or without error.
22.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from our website.
22.5. We shall not be liable to you for any loss or expense arising out of or in connection with your use of our website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
22.6. We will do all we can to maintain access to our website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
22.7. You acknowledge that our service may also be interrupted for reasons beyond our control.
22.8. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our service.
22.9. You now expressly release us from any and all claims and liability known and unknown, arising in any way from a dispute between you and a customer.
22.10. our website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.
22.11. Our total liability under this agreement, however it arises, shall not exceed the sum of € 100. This applies whether your case is based on contract, tort or any other basis in law.
22.12. This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the contracts (rights of third parties) Act 1999, as well as to us.
22.13. If you become aware of any breach of any term of this agreement by any person, please tell us by email. We welcome your input but do not guarantee to agree with your judgement.
22.14. Nothing in this agreement shall be construed as limiting or excluding our liability for death or personal injury caused by our negligence.
23. Miscellaneous matters
23.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
23.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
23.3. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
23.4. In the event of a dispute between us, you undertake to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
23.5. In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
23.6. The validity, construction and performance of this agreement shall be governed by the laws of the Federal Republic of Germany.