AGREEMENT BETWEEN CUSTOMER AND KRUNDA UG, haftungsbeschränkt

 

Welcome to the Krunda.com website (the “Website”). This Website is provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms “we”, “us”, “our”, “Krunda” and “Krunda UG haftungsbeschränkt” refer to Krunda UG haftungsbeschränkt, a German corporation. “Krunda Partner” means any co-branded and/or linked website through which we provide links, content or service. The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website, or through our customer service agents.

 

DISPUTES

Krunda is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Website, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting Krunda. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify. This includes any Claims you assert against us, our subsidiaries, travel suppliers or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). This also includes any Claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Krunda UG haftungsbeschränkt, Am Luchtkamp 92, 48249 Duelmen, Germany. If we request arbitration against you, we will give you notice at the email address or street address you have provided.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial. The Federal Arbitration Act and federal arbitration law apply to this agreement. An arbitration decision may be confirmed by any court with competent jurisdiction.

 

PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services) as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:

 

  1. use this Website or its contents for any commercial purpose;
  2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  3. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  7. “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without our prior written authorization.

If your booking or account shows signs of fraud, abuse or suspicious activity, Krunda may cancel any service reservations associated with your name, email address or account, and close any associated Krunda accounts. If you have conducted any fraudulent activity, Krunda reserves the right to take any necessary legal action and you may be liable for monetary losses to Krunda, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Krunda Customer Service.

 

PRIVACY POLICY

Krunda UG haftungsbeschränkt believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the Website and, as stated above, is incorporated by reference, to understand our practices: Privacy policy.

 

SUPPLIER RULES AND RESTRICTIONS

Additional terms and conditions will apply to your reservation and purchase of travel-services that you select. Please read these additional terms and conditions carefully. In particular, if you have purchased an airfare, please ensure you read the full terms and conditions of carriage issued by the travel supplier, which can be found on the supplier’s website. You agree to abide by the terms and conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier’s rules and restrictions regarding availability and use of fares, products, or services. Airfare is only guaranteed once the purchase has been completed and the tickets have been issued.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

 

SORT ORDER

Travelers have many options on to help them find the perfect hotel, flight, car rental, cruise or activity. The “sort” settings at the top of the page allows travelers to order search results to their preference, whether based on price, verified review score, or other criteria. The “filter” settings also allow travelers to include or exclude various options to suit their travel needs. If no options are selected, we will show a range of relevant options in the search results, based on the criteria outlined below:

Lodging: Our default sort order reflects the relevance of properties to your search criteria, as we want to make sure you are able to quickly and easily find the offer that is right for you. We measure relevance by taking into account factors like a property’s location, its review scores, the popularity of the property (measured by how many travelers on our sites make bookings at that property), the quality of the content provided by the property, and the competitiveness of the property’s rates and availability, all relative to other properties meeting your chosen search criteria. The compensation which a property pays us for bookings made through our sites is also a factor for the relative ranking of properties with similar offers, based on the relevance factors described above. On our non-default sorts (e.g., by price), properties with similar results will be ordered based on the factors above.

Activities: Our default sort order is manually curated by Krunda’s destination managers familiar with each market, taking into account such factors as price, popularity and traveler feedback.

Additionally, we continually optimize our service to provide the best experience to travelers. Accordingly, we may test different default sort order algorithms from time to time.

 

BANK AND CREDIT CARD FEES

Your payment is processed in the United States (in case of paypal or payment card), when we process your payment. When the travel supplier processes your payment, it will be processed in the country in which the travel supplier is based.

Krunda or the travel supplier may have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the travel supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing the your credit card).

Some banks and credit card companies impose fees for international or cross border transactions. For instance, if you are making a booking using a US-issued card with a non-US merchant, your bank may charge you a cross border or international transaction fee. Furthermore, booking international travel may be considered an international transaction by your bank or card company, since we may pass your card details to an international travel supplier to be charged. In addition, some banks and card companies impose fees for currency conversion. For instance, if you are making a booking in a currency other than the currency of your credit card, your credit card company may convert the booking amount to the currency of your credit card and charge you a conversion fee. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

 

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this Website may include inaccuracies or errors, including pricing errors. In particular, the Krunda Companies and Krunda Partners do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel, air, cruise, car and other travel products and services displayed on this Website (including, without limitation, the pricing, photographs, general product descriptions, etc.). In addition, Krunda UG haftungsbeschränkt expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

Trip ratings displayed on this Website are intended as only general guidelines, and the Krunda Companies and Krunda Partners do not guarantee the accuracy of the ratings. The Krunda Companies, the Krunda Partners and their respective suppliers make no guarantees about the availability of specific products and services. The Krunda Companies, the Krunda Partners and their respective suppliers may make improvements and/or changes on the Website at any time.

The Krunda Companies, the Krunda Partners and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by the Krunda Companies or the Krunda Partners. All such information, software products, and services are provided “as is” without warranty of any kind. The Krunda Companies, the Krunda Partners and their respective suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from the Krunda Companies, the Krunda Partners and/or their respective suppliers are free of viruses or other harmful components. The Krunda Companies, the Krunda Partners and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers and other suppliers providing travel or other services on this Website are independent contractors and not agents or employees of the Krunda Companies or the Krunda Partners. The Krunda Companies and the Krunda Partners are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. The Krunda Companies and the Krunda Partners have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall the Krunda Companies, the Krunda Partners and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this Website; any computer viruses, information, software, linked sites, products and services obtaining through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Krunda Companies, the Krunda Partners and/or their respective suppliers have been advised of the possibility of such damages.

If, despite the limitation above, the Krunda Companies, the Krunda Partners or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of the Krunda Companies, the Krunda Partners and/or their respective suppliers will in no event exceed, in the aggregate, the greater of (a) the service fees you paid to Krunda UG haftungsbeschränkt in connection with such transaction(s) on this Website, or (b) One-Hundred Dollars (US$100.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the Krunda Companies, the Krunda Partners, and/or their respective suppliers.

 

INDEMNIFICATION

You agree to defend and indemnify the Krunda Companies, the Krunda Partners, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  1. your breach of these Terms of Use or the documents referenced herein;
  2. your violation of any law or the rights of a third party; or
  3. your use of this Website.

 

LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Krunda UG haftungsbeschränkt. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

 

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that we make available to download from this Website (“Software”) or through your mobile application store, including the Krunda mobile application (the “Mobile Application”) is the copyrighted work of the Krunda Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by the Krunda Companies, Krunda Partners, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warrented, if all, only according to the terms of the license agreement.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

 

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this Website by electronic mail, postings on this Website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you grant Krunda and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the “Krunda Partners”), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that the Krunda Companies may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the Krunda Companies the right to pursue at law any person or entity that violates your or the Krunda Companies’ rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Krunda Partners or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If you do not agree to these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Krunda may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave trip reviews (e.g. discount coupon/entry into prize draws etc.). As it is important to us that trip reviews are impartial and honest, these incentives will be available to customers regardless of whether the trip  review is positive or negative.

All photos submitted are subject to our Photo Submission Guidelines.

Krunda claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

Krunda’s policies with respect to claims by third parties that the content of the Website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.

The Google® Translate tool is made available on this Website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Krunda UG haftungsbeschränkt does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

 

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Website are owned Krunda UG haftungsbeschränkt All rights reserved. Krunda, Krunda.com and the Krunda logo, and either registered trademarks or trademarks of Krunda UG haftungsbeschränkt in the U.S., Europe and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. Krunda UG haftungsbeschränkt is not responsible for content on websites operated by parties other than Krunda UG haftungsbeschränkt.

If you are aware of an infringement of our brand, please let us know by emailing us at service@krunda.com. We only address messages concerning brand infringement at this email address.

 

ACCOUNT TERMINATION

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Krunda has adopted a policy of terminating, in appropriate circumstances and at Krunda’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Krunda may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

 

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

 

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
  3. Your address, email address and telephone number.
  4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to service@krunda.com or by using the contact information below.

 

COUNTER NOTICES

If material you have posted has been taken down, you may file a counter-notification or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  1. Identification of the specific content that was removed or disabled and the location that content appeared on Krunda’s Website. Please provide the URL address if possible.
  2. Your name, mailing address, telephone number and email address.
  3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Krunda UG haftungsbeschränkt may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  4. The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper. Send the written communication to the following address:

 

Krunda UG haftungsbeschränkt

Am Luchtkamp 92

48249 Duelmen

Germany

 

MAP TERMS

Your use of mapping available on this Website is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx

http://www.microsoft.com/maps/assets/docs/terms.aspx

http://www.google.com/privacy/privacy-policy.html

http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html

http://www.maps.google.com/help/legalnotices_maps.html

http://maps.google.com/help/terms_maps.html

OpenStreetMap geo data used in mapping is (c) OpenStreetMap contributors and available under the Open Database License (ODbL)

 

GENERAL

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the Krunda Companies as a result of this agreement or use of this Website.

Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use.

If any part of this agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

This agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Krunda UG haftungsbeschränkt with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

 

REGISTRATIONS

Krunda UG haftungsbeschränkt is a registered German company.

 

SERVICE HELP

For quick answers to your questions or ways to contact us, visit our Customer Support Center. Or, you can write to us at:

 

Krunda UG haftungsbeschränkt

Am Luchtkamp 92

48249 Duelmen

Germany

 

2018-01-01