General Terms and Conditions
Version 02/25/2022
These General Terms and Conditions are subdivided into:
I. dada-days’ Terms of Use
II. General Terms and Conditions of dada-days GmbH & Co. KG (intermediary)
III. General Terms and Conditions of the Supplier of services (referred company)
Within the scope of an intermediary service, dada-days GmbH & Co. KG (“dada-days”) shall provide the visitors and Suppliers (artist, artisan or activity organizer) creative workshops, cultural or culinary tours, tourism services or further leisure activities (“Services”) with this booking Platform.
Contracts for services are to be concluded directly between the users of this booking Platform and the Suppliers. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Supplier. dada-days is not a contract party with regards to the services offered on this booking Platform.
I. dada-days’ Terms of Use
1. Who operates this website?
This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the “Website”) is provided by dada-days GmbH & Co. KG, Amstelbachstr. 25, 52134 Herzogenrath, Germany. You can contact us by email [email protected] or by phone using these numbers:
Germany: +49 176 22868901 // Spain: +34 611 559 708
2. Application of these Terms of Use
These terms of use (the “Terms of Use”), together with our privacy policy (“Privacy”), apply to any use of the Website. Visitors of the Website (“User” or “you”) may use the Website only on condition that they accept the Terms of Use and read and understand the Privacy Policy. Any further use of the Website or any part of it means you have read and understood the Terms of Use and the Privacy Policy, and agree to be bound by all parts of the Terms of Use.
3. No offer
The information on this Website is for general informational purposes only. Information on this Website does not constitute an offer binding to us. Binding agreements with suppliers of activities available on the Website require a booking request through the dada-days Platform and the supplier’s acceptance of the booking request according to the General Terms and Conditions of dada-days.
4. No warranty
While dada-days tries to ensure that the information in or through the Website is accurate, it does not provide any warranties, express or implied, in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). dada-days may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. dada-days may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. dada-days does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, dada-days does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.
5. Limitation of liability
dada-days excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. 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 product liability regulation.
6. Third party content, links to other websites
dada-days does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. dada-days does not recommend or endorse such content, and will not have any liability relating to it. Where dada-days links to third party websites, you use such websites at your own risk.
7. Intellectual property rights
As between you and dada-days, the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
8. Amendments to the Terms of Use
dada-days may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. dada-days expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.
9. Applicable law and jurisdiction
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 Aachen, 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.
II. dada-days GmbH & Co. KG – User Terms and Conditions for the online offer of dada-days
1. Introduction
1.1 dada-days runs an intermediary Platform for tourist offers in the form of an online offer via the internet (hereinafter jointly referred to as the “dada-days Platform”). On the dada-days Platform users have the chance to find and book creative workshops, cultural or culinary tours, tourism services or further leisure activities (“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 (“Supplier Terms and Conditions”). The Suppliers’ services can be accessed via the dada-days Platform and bookings can be made.
1.2 dada-days 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 dada-days 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.