for the use of the internet platform & travel agency ISeeOcean
1.1 The following terms and conditions govern solely the contractual relationship between you as a customer and ISeeOcean as an intermediary of travel services.
1.3 Conflicting or deviating from these terms and conditions of the user will be recognized in case of doubt only by an exclusively written confirmation by the provider.
§ 2 Subject of the contract of use
2.1 Subject of the contract of use is the provision of a globally accessible Internet community by the provider. ISeeOcean is dedicated to the following topic: Travel
2.2 ISeeOcean provides the user with the following usage options:
• Creation of a personal profile of the person, which is publicly accessible to the other registered users and furthermore every internet user and can be found by search engines.
• Upload of own content and content management via the user account.
• Contact to other users, management of contact information.
• Search for company profiles, other users and profile data.
• Reviews of company entries and their services offered
2.3 The exact graphic and functional design of the contractual usage options, the extension of the usage options with additional features or their supplementation with chargeable additional services are at the discretion of the provider. The provider is at any time entitled to modify and adapt the exact design while retaining the contractual rights of use.
2.4 ISeeOcean as a web page, is available to the user for an unlimited period of time at least 70% as an annual average. Unavoidable, unpredictable and extraordinary events that may lead to unavailability of ISeeOcean, such as Power failures, hacking interventions, failures of telecommunications lines from the point of transfer to the Internet are not counted towards the availability minimum.
§3 Registration, user account, handling of passwords
3.1 Only natural persons can register for the use of ISeeOcean.
• Only users who are at least 18 years old can register.
3.2 The user is obliged to provide truthful and complete information about himself in accordance with the requirements of the registration form and to keep his data up to date.
3.3 The user is obliged to keep his password secret, to keep it safe and not to make it accessible to third parties. If the password is known to third parties, the user must inform the provider immediately by e-mail or in writing so that the old password can be blocked and a new password can be assigned. The user is not authorized to make his user account available to third parties. The user acknowledges that it is fully responsible for the actions of a third party to whom he provides his user account.
3.4 The user is obliged, in the case of the own creation of a password, a secure password with min. to create eight characters including two special characters and one capital letter.
§4 General obligations of the user
4.1 The user may only use the possibilities of use provided by the provider within the framework of the contractually presupposed purposes. Any misuse beyond this purpose is prohibited to the user, including in particular:
• systematically reading the contact details of other users for the purpose of transferring to third parties;
• unreasonably harassing other users through aggressive, obscene, abusive, libellous or obtrusive comments, messages or reviews;
• unreasonable harassment of other users due to the mass sending of unsolicited advertising or incorrect request;
• any actions that result in excessive system load or system malfunction;
• using foreign identities to register, post, or send messages.
4.2 Each of the above-mentioned breaches of duty entitles the provider to terminate the user contract without notice and to block the user account. In addition, the provider is entitled to refuse the activation of a new account for this user for the duration of a freely definable period of time from the termination.
§5 Obligations of the user regarding uploaded contents
5.1 The user must ensure that the own, uploaded content does not infringe the rights of third parties by posting content (texts, images, photos, videos, names, trademarks, etc.) (for example, infringement of copyrights, violations of privacy rights, competition violations).
5.2 The user releases the provider from all claims of third parties which they assert against the provider in relation to an infringement committed by the user and for which the user is responsible. The user accepts in this regard all necessary costs of legal defense.
5.3 The provider is entitled to delete or deactivate the content posted by the user if they violate the rights of third parties or third parties assert claims for infringement, the merits of which can not be clearly excluded.
5.4 If the provider becomes aware of a possible infringement of the user’s content, the user will be immediately notified.
§6 Termination and deletion of the user account
6.1 The user is entitled to terminate the user agreement with the provider at any time without giving reasons within observing a deadline. Termination requires the text form or can be explained implicitly by deactivating the user account. In the event of termination, the user’s profile will be deleted, but his published contributions and content will remain without linking to his profile.
6.2 The user is entitled to terminate the user agreement with one month’s notice to the end of the previous month.
6.3 The provider is entitled in addition to the termination within the deadline to terminate the contract without notice, if there is reasonable cause. An important reason exists in particular if the user
– sustained a serious violation of its contractual obligations (see §4)
– culpably violates legal regulations when using ISeeOcean.
In these cases, the provider is also entitled to delete the user account and to refuse the establishment of a new account for this user for the duration of freely definable period after receipt of the termination.
Arrangement of package tours, flights and other travel services
The following terms and conditions govern solely the contractual relationship between you as a customer and ISeeOcean as an intermediary of travel services.
By submitting a booking request through the request form, the customer commissions ISeeOcean to convey third party travel service, or other services related to organizing a travel trip, without obligation to the customer.
Separated from this, a contractual relationship with the tour operator and the individual service providers (eg airline, hotel, etc.) might arise during the booking process, which is not regulated in the general terms and conditions of the ISeeOcean.
ISeeOcean expressly points out to all customers that the travel contract is not concluded with ISeeOcean, but always with the respectively specified tour operator or service provider under consideration of the general terms and conditions of the respective tour operator or service provider. Their terms and conditions are displayed before booking and must be confirmed by the customer.
In order to make an inquiry or a booking request, the customer must have reached the age of 18 and must not be limited in his legal competence.
§8 Objective and conclusion of contract
8.1 Subject of this contract is the arrangement of a booking request of the customer with the respective tour operator about their company profile on ISeeOcean.
8.2 Performing the booked service as such is not part of the obligations of ISeeOcean. In the case of a booking, a contract for the travel service directly between the customer and the respective tour operator will be made. This contract is based on the respective terms and conditions of the organizer. The contract is executed exclusively between the respective organizer and the customer. Defects of the travel service must be reported by the customer to the respective organizer.
8.3 By submitting the customers’ request to ISeeOcean, the customer accepts the terms and conditions of our company and assures us that they have read and understood them. The customer agrees to the use of his data described in these terms and conditions.
8.4 With the dispatch of the booking request the user is bound to the arrangement order. At this time, a brokerage contract has been concluded between the customer and ISeeOcean.
8.5 The acceptance of the brokerage contract will be done automatically by clicking on the request button. If the order is placed by a person other than the customer, the customer is jointly and severally liable for the fulfillment of the obligation of the registered persons.
8.6 With the dispatch confirmation, ISeeOcean only confirms the proper forwarding of the request commissioned by the customer to the respective organizer. It does not confirm that a contract has already been concluded for the booked travel service with the organizer. The confirmation of the booking is done by the tour operator.
§9 Travel price and reimbursement of expenses, offsetting
9.1 Price changes of the service provider are not subject to our influence and are without guarantee. The prices are directly maintained by the organizer on ISeeOcean. If these differ from the booking price, the organizer, not ISeeOcean, is responsible.
9.2 The claim for reimbursement of expenses can not be asserted by the customer against the mediated service provider, in particular due to inadequate fulfillment of the brokered travel or transport contract, neither by way of retention nor by set-off.
§10 Agency fee, compensation of ISeeOcean
ISeeOcean does not charge separate fees, as these are usually included in the price of the brokered travel service. We are only entitled to demand a separate compensation from you for our services, if this has been mutually agreed on. Such a compensation agreement can also be made by a corresponding verbal or written notice on our part.
§11 price and performance changes
With regard to possible changes in the price of the booked travel service and any changes in the booked service, ISeeOcean refers to the General Terms and Conditions of the respective organizer. If the booked travel service is a scheduled flight, the respective airline’s terms of carriage and fare apply additionally. These can be viewed on request in their offices. In addition, the internationally valid provisions of the Convention on the Unification of International Carriage by Air Regulations (Warsaw Convention) shall apply.
§12 Cancellations, rebookings, cancellation insurance
12.1 In case of cancellation of the mediated travel service, the cancellation conditions of the respective organizer apply. These conditions also apply to the applicable cancellation fees. In order to avoid significant financial losses in case of cancellation, the customer is recommended to take out travel cancellation insurance.
12.2 The rebooking of a travel service is only possible by cancelling the booked and at the same time booking a different travel service, unless the contract concluded between the customer and the organizer contains special provisions for this.
§13 Entry requirements and other information
13.1 The customer is fundamentally responsible for ensuring that his / her personal requirements are met and that all legal provisions, in particular the domestic and foreign entry and exit regulations, health regulations, customs and foreign exchange regulations, passport and visa requirements are met. The same applies to the procurement of required travel documents. ISeeOcean points out that any information given by it regarding the above provisions may be changed at any time by the authorities and therefore no liability is assumed for this information. The customer is encouraged to obtain information from the relevant offices and institutions.
13.2 A corresponding obligation to clarify or inform exists only if special circumstances are known to us or identifiable circumstances make an explicit reference necessary and the corresponding information (especially for package holidays) is not already included in the service descriptions of the tour operator. In the case of a duty to provide information justified in accordance with the above provision, we assume without special information or knowledge that the customer and his fellow travellers are German nationals and that there are no personal particularities (eg dual citizenship, statelessness). Corresponding information obligations on our part are limited to the provision of information from or from suitable sources of information, in particular from current, industry-standard reference works or the disclosure of information from foreign embassies, consulates or tourism offices. In this respect, we have no specific obligation to investigate without express agreements in this regard. We can also fulfil our obligation by referring the customer to the need for their own special request from the relevant information points.
13.3 The above mentioned regulations shall apply mutatis mutandis with regard to information about customs regulations, sanitary entry regulations and health prophylactic precautionary measures by the customer and his fellow travelers.
§14 Tour operator and transport conditions
During execution and payment of travel services arranged by ISeeOcean, the general terms and conditions of business of the respectively named service provider exclusively apply. The terms and conditions of the respectively named service providers apply in detail to the customer during the booking process. In the case of telephone or written bookings, the customer may also waive the possibility of acquainting himself in advance with the contents of these General Terms and Conditions if he nevertheless agrees to their validity in order to conclude the contract for the travel services. For air and rail transport services, the conditions of carriage and tariffs adopted by the competent transport authority or under international conventions apply (for example: General Conditions of Carriage (ABB) Passenger Passage, Conditions of Carriage Deutsche Bahn / Tarifverzeichnis (Tfv) Personenverkehr).
§15 Placement of scheduled tickets and train tickets
15.1 ISeeOcean also acts exclusively as mediator of a contract of carriage when arranging a ticket for a scheduled airline or train tickets. As a mediator, it does not provide its own transport services and is therefore not liable for the proper performance of the transport service of a scheduled airline or train.
15.2 The stated prices for the flight or train booking usually contain no or only a small commission for our brokerage.
15.3 Service fee remains unaffected by a rebooking, a name change, a cancellation or a non-use of the transport service. In these cases, further fees required by the service provider or / and service charges reported by ISeeOcean may arise (eg for rebooking, cancellation).
15.4 For the contractual relationship between the customer and the service provider, the General Conditions of Carriage apply and, in the case of flight services, the statutory provisions of the Austrian Aviation Act for domestic flights and, if applicable to the respective flight, the provisions of the Montreal Convention.
16.1 Insofar as ISeeOcean has not assumed a corresponding contractual obligation by express agreement with the customer, it is not liable for the conclusion of the customer’s booking request corresponding contracts with the service providers to be mediated.
16.2 ISeeOcean is not liable as a travel agent for the services provided and for any personal or material damages incurred by the customer in connection with the brokered travel service without express agreement or assurance in this regard.
16.3 ISeeOcean is liable for its position as travel agent in cases of intent or gross negligence in accordance with the statutory regulations. Liability for guarantees is independent of fault. For slight negligence ISeeOcean is liable only according to the provisions of the Product Liability Act, because of injury to life, limb or health or because of breach of essential contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations, however, is limited to the contract-typical, foreseeable damage, insofar as liability is not due to injury to life, limb or health. 16.4 The provision of the preceding paragraph extends to damages in addition to performance, damages instead of performance and the claim for compensation for futile expenses, for whatever legal reason, including liability for defects, delay or impossibility.
ISeeOcean collects certain personal data of the customer and possibly also of other travellers. This data is required for the processing of the agency contract and for the initiation and execution of the contract to be concluded on the travel services booked by the customer and are processed and used exclusively for these purposes. A passing on of the collected data takes place exclusively to the respective organizer of the booked travel achievement.
Further information on data protection can be found here.
18 Final regulations
18.1 Exclusively the law of the Federal Republic of Austria under exclusion of the international private law and the UN sales law is active. This does not apply to claims in the field of industrial property rights and copyright.
18.2 The following applies to the determination of the place of jurisdiction:
– If the user has no general place of jurisdiction in the Federal Republic of Austria or if the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the domicile of the provider. The provider can also sue the user at his general place of jurisdiction. [if provider is a merchant, e.g. GmbH, AG.e.K]