Terms of Service

Terms of Service

These website terms and conditions will apply to your use of our website and/or VIVID developed mobile application (Apps). Please ensure that you review all of the following sections of our website terms and conditions carefully before using our website.

These terms and conditions apply to users of the website and mobile application operated and developed by VIVID Gartenstr.1a in 87544 Blaichach.

Your use of and access to any page or part of our website indicates that you agree to comply with and be bound by all of these terms and conditions. If you do not agree to our website terms and conditions you will not be permitted to access or use our Website und Application.

1. Definitions

“The Company” or “VIVID” or “we/us/our” means the company VIVID GmbH with a capital of € 12500 with its registered office at Gartenstr.1a 87544 Blaichach, HRG No. 13497, which develops the website and mobile application, accident insurance by TAS, liability insurance by Allianz.

“Website” means the website available at website www.VIVID-TRIP.com

“Mobile Application” is an executable program for the mobile download of VIVID, which offers accessible functionalities and contents for the user - as far as available in the respective country.

“You” means the user of the website and mobile application of VIVID.

“Content” means any content of VIVID or content of the member, including any text, images, music, audio and video files, information or other elements.

"Content of the Member" means all content that the member publishes, transmits or shares on VIVID, in particular the content accessible via "My Account", including travel materials and other content of the member.

"Service" means the entirety of the products, functionality and applications available on the website and in the mobile application provided by VIVID.

A "user" is any person who surfs the website or uses the mobile application, whether or not they identify themselves.

"Member" means any adult who has a properly set up and approved account and is a user identified on the website and mobile applications of VIVID.

"Local Agency" or "Local Agent" means the local and independent tourism company in the country of the destination that organizes the journey and to which the payment is made.

"Account" means the individual account of each member created when registering or submitting a request to VIVID's website and mobile applications.

2. Description of The Products and Services of VIVID

VIVID is a marketplace that brings together travelers and selected local travel agencies to customize travel. VIVID is a travel operator and takes over the contact mediation. Travel contracts are concluded with VIVID and if applicable, with the respective local agency, taking into account their terms of use. VIVID provides an intermediation platform at www.VIVID-TRIP.com, which gives the user access to offers from local agencies. Specifically, through its website and mobile applications, VIVID offers Internet users who want to tailor and travel individually the following services:

  • Consulting and practical advice
  • Information
  • Connection with local travel agencies to organize individual travel
  • A system to present the address data and information of selected partners and contacts
  • Information about travel insurance in connection with the purchased trip
  • Uploading and sharing of travel documents and photos
  • Creating and sharing of reports, comments and opinions
  • Creating and sharing of experience content
  • Secured payment system

3. Intellectual Property

VIVID retains all intellectual property rights (such as copyright, related rights, trademark rights, rights of database producers) regarding the structure and content of website and mobile applications (including images, sounds, videos, photographs, logos, trademarks, graphics, tools, software, documents and all other data).

The user has no right to use the content, unless previously given in writing by VIVID.

Any duplication, publication, transmission, use or modification of all or parts of the website or mobile applications and / or their contents without the express permission of VIVID is prohibited.

Illegal acts are the responsibility of the offender and may lead to civil and / or criminal prosecution against him, especially in case of counterfeiting. The trademarks and logos of VIVID and its partners on the site are registered trademarks. Any reproduction, in whole or in part, of these marks and / or logos without the express permission of VIVID is prohibited

The unauthorized duplication of these brands, logos and marks is a criminal offense. The offender may receive civil and criminal penalties, including fines under the applicable intellectual property laws.

Likewise, VIVID is the publisher of the databases of www.VIVID-TRIP.com website. Consequently, any extract from and / or reuse of the databases is prohibited under the applicable intellectual property laws.

4. Use of The Website and Mobile Application of VIVID

Use of VIVID website and mobile applications entitles you to visualize, download and print the contents of the website for personal and non-commercial use only. The registration is not required. If you submit a request for a quotation in accordance with item 13, when you submit the request, an account will be created for you on the site. VIVID will send you a confirmation link via email, which you can use to change the account password you have previously created for you.

Any other use requires the prior written consent of VIVID. If not expressly authorized by VIVID, the duplication, copying, transmission, distribution or return of all or part of the content of VIVID website or mobile applications is strictly prohibited by VIVID.

In any case, it is prohibited to change the content of VIVID website or mobile applications or to change or remove any copyright, trademark or related proprietary rights notice.

By using the website and mobile applications of VIVID, you agree to abide by these terms of use and to respect third-party rights and applicable laws.

You expressly undertake to fully compensate VIVID for all damages, costs and expenses that VIVID incurs due to claims of third parties for your negligent or intentional use contrary to these terms of use.

Use of VIVID website and mobile applications is prohibited to persons under the age of 13 and any person who is unable to use the web sites and mobile applications in accordance with these terms of use.

Use of VIVID website and mobile applications under these terms of use is free of charge for users, subject to any connection fees.

Surfing on VIVID website and mobile applications may result in the use of third-party website that are subject to their own terms of use for proper use. VIVID has no connection to the visited website of third parties.

5. Linking to Other Website; Third-party Website

The use of website and mobile applications of VIVID may lead the user to third-party website.

The website of third parties linked to the website of VIVID are not operated by VIVID. The content of these website is not the responsibility of VIVID, but only the respective operator of the website. Upon notification of violations within the meaning of item 9, we will remove such links immediately.

Subject to item 8, VIVID shall not be liable for any content, advertising, products, services or other tools available on or from external website or sources. Subject to Item 8, VIVID shall not be liable for any damages arising out of or in connection with the use of these links.

If you link your VIVID account to an open account on a third-party website (e.g. Facebook or Google), you agree that the personal information you provide on the third-party website in accordance with your preferences will be used by VIVID in accordance with our privacy policy is collected and processed.

6. Liability for Contents of VIVID

VIVID and / or its affiliates provide all content (including but not limited to images, sounds, videos, photographs, logos, trademarks, graphics, tools, software, documents and other data) without any warranty. The use of this website is at your own risk. VIVID strives to provide reliable online tools and / or information and / or content. However, VIVID and / or its affiliates cannot guarantee the accuracy, completeness and / or updatability of the information and / or content provided, as well as the availability of these products and tools.

Therefore, subject to the provisions of Item 8, no claims can be made against VIVID and / or its affiliates based on the use of information and / or content and / or tools provided on this website.

7. Use of Collaborative Tools

VIVID's website and mobile applications allow registered users ("Members"), upon request, to deposit and share photos, reports, experiences, opinions and notes from the journey. Thus, a member can deposit and distribute content of the member as needed.

The member grants VIVID a non-exclusive, transferable, perpetual, free, worldwide license to copy, use, reproduce and distribute the contents of the member in any form (such as our services and products for any purpose, including their advertising) to display, publish, adapt and create derivative works thereof. This content may be freely viewed, used, transmitted, copied, translated and published without the consent of the member, regardless of its form and purpose (such as commercial or as advertising) and without any territorial limitation.

The above grant of rights to VIVID to distribute the contents of the member implies that the content distributed by VIVID is free of third party rights. Therefore, the member may not distribute content of the member, where the copyrights of third parties, unless the affected third party has expressly and in writing allowed.

In the event of violation of this clause, you are obliged to indemnify VIVID from any claim arising out of such breach.

The member may only publish appropriate content of the member, which fit to the respective category.

VIVID will not control all content before it is distributed and reserves the right to remove any member's content that violates these terms of use without notice.

8. Limitation of Liability of VIVID

The liability for damages of VIVID is limited to a maximum of three times the travel price. The limitation of liability does not apply to damages based on intent or gross negligence. The limitation of liability is further excluded in case of damage resulting from injury to life, body or health, which is based on a negligent breach of duty by the user or a willful or negligent breach of duty by a legal representative or vicarious agent of the user.

Subject to the last paragraph of this item 8, the liability of VIVID in the case of a slightly negligent breach of a material contractual obligation under these terms of use shall be limited to those damages that are typically foreseeable. An "essential contractual obligation" under these terms is an obligation that is essential to the proper performance of these terms of use, the breach of which endangers the purposes of these terms of use and the performance of which you regularly rely on. Damage is "foreseeable" if it was typically foreseeable at the time you accepted these terms of use. VIVID excludes liability for the slightly negligent violation of a non-essential contractual obligation.
VIVID's liability for gross negligence or willful misconduct or for injury to life, limb or health or for fraud or any other liability which cannot be excluded or limited by law shall not be excluded or limited by these Terms of Use. Likewise, any other mandatory consumer rights remain unaffected.

9. Delete Content

VIVID may delete content that violates these terms of use at any time with or without notice.

If the content published on the site affects you and jeopardizes the freedom to respect people, their image or reputation, or if they distort the copyright or the right of their own image, for any reason whatsoever, you can contact VIVID and ask for deletion of the content.

After contacting VIVID, it is obligatory to immediately determine the content and its motives and to decide on the deletion of the content after verifying the identity of the applicant.

We recommend that you carefully review the matter before making a complaint. You are responsible for the complaint

10. Termination of Services

We reserve the right to terminate your account at any time in the event of any breach of the terms of use and / or terms of sale or failure to comply with any of your obligations. All your personal information will be deleted in this case.

We reserve the right to make checks in a timely manner, unilaterally or at the request of a third party, to verify compliance by the user with all provisions of this contract and these supplemental and / or amended contract documents. These checks may result in suspension of the user account, in particular if we request certain information from the user about the failure to comply.

These checks may also give us the right to terminate this contract in the event of the user's fault.

You can also completely delete your account and its contents, unless an order is still in progress. After completing the last job, you can have your data deleted.

11. Contact

As soon as you discover abuse or legal violations, or for complaints in connection with VIVID services, please contact our customer service by email at info@vivid-trip.com or by mail to VIVID GmbH Gartenstr. 1a 87544 Blaichach Germany

Remember to enter your username. In the case of postal delivery, please attach a copy of your identity document and member identification to your signed request.

12. Access to The Website and Services of VIVID

a. Access creation

VIVID offers online access via the website and mobile applications. In order to use the services, you must have access to the Internet and have the necessary equipment (computers, software, etc.). In order to use the functionalities of the website and mobile applications and to become a member, you must register and create your member account. You can register to use the services on the website or application immediately. If you submit a request for a quotation in accordance with Item 13, when you submit the request, an account will be created for you on the site. VIVID will send you a confirmation link via email, which you can use to create an account password.

b. Accessibility and technical operation of website and mobile applications

We are committed to taking all necessary measures to keep our website and mobile applications fully functional around the clock. We do not guarantee uninterrupted operation of the website or its error-free operation.

Subject to item 8, VIVID shall not be liable for the unavailability, interruption or disturbance of the Website for any reason, including the failure of the internet access provider, the hosting provider, the intrusion of third parties or force majeure. VIVID is not responsible for any inconvenience or damage resulting from the use of the Internet, such as the Internet. of a computer virus or spyware.

VIVID may interrupt access, in particular for maintenance and upgrades, or for any other material reason, including technical reasons. Subject to the provisions of Item 8, VIVID shall not be liable for such interruptions and the consequences thereof to the user or third parties.

Please note that VIVID may terminate or change the features of these services at any time and without notice, if reasonable for you.

Subject to the provisions of item 8, VIVID or its suppliers shall not be liable for damages and / or consequential damages of material and / or intangible nature, direct or indirect, arising out of the use or inability to use them through the website www.VIVID-TRIP.com.

c. Refusal, suspension or termination of access

VIVID shall be entitled to deny, suspend or suspend access to all or part of the Website or Services, in particular for operational or maintenance reasons, and to modify, suspend, remove and terminate the Website on the Internet.

d. Free access to certain categories of services

VIVID provides users with general information services with open access, e.g. the services are free and without the need to sign up or create an account.

13. Request for Quotation

To obtain contact brokerage services, request for quotation from local agencies, and provision of personal space, your identification and prior consent are essential and therefore require that you request a quotation from the Web site.

The request is free. To become a member of the website and benefit from all the services of VIVID, simply fill out the online form and read and accept these VIVID terms of use by submitting the form.

The data required to answer your request from the online form will be sent by VIVID to one or more selected local agencies. They will then contact you promptly to personalize your trip and customize it to your liking. Depending on the desired destination, data transmission may take place in a country outside European Union that does not have the same data protection standards as European Union and, in particular, Germany.

The consideration of your request is subject to certain conditions:

  • You are a consumer and do not act on behalf of a third party;
  • You are at least eighteen (18) years old, or, if you are a minor, you received permission from your legal representative;
  • They comply with applicable laws;
  • They provide accurate, verifiable, complete, up-to-date personal information;
  • Your e-mail address must be personal and valid and completed;
  • Your connections to the account (times, country, ISP, blocked proxies) must correspond to normal use of a user account;
  • Your identifiers must comply with the rules of creation (not political, ethnicity, community, religion, offensive, libelous, sexually explicit or pornographic, similar to or imitation of a registered trademark, not narcotic products or any other Not refer to the names of personalities posted by authors online, do not resemble or imitate the names of members of the VIVID company, or be spelled or spelled differently to circumvent the above rules

It is recalled that any person making a false statement for themselves or others will be subject to sanctions under applicable law.

14. Creating Your Travel

To connect to a local agency to organize your trip, follow these steps:

  1. Select a destination
  2. Select a round trip idea
  3. List the travel participants and their travel plans
  4. Determine your expectations regarding accommodation, care and pace of travel
  5. Include personal information that enables the selected local agent to contact you
  6. Receive a confirmation of your form submission by E-mail
  7. Receive an individual quotation directly from the selected local agent.

The choice of quotation proposed to you by VIVID is based solely on these criteria.

15. Your Duties

a. Duties associated with the use of the website, mobile application and services

You agree that the website, mobile application and services are used for personal and non-commercial use.

As a user of the website, you agree that you are logging in and using the services offered at your own risk. Subject to item 8, we shall not be liable for any direct or indirect damages (financial loss, loss of profit, loss due to change) incurred by you or any third party because the connection to the website or the mobile application is impossible or because of the impossibility of doing so access to the website or a malfunctioning or functioning website or mobile application.

This includes in particular the damages caused by faulty content, errors, delays or interruptions in the transmission, loss or alteration of data or viruses, regardless of their origin, intrusion by third parties, and more generally the use of the website or the impossibility of them to use arise.

b. Duties related to viruses

We ask you to check every file transferred or stored on the website for viruses. You may not record or transfer files containing data-destroying viruses or programs. You are liable for the injury.

c. Liability regarding electronic communication

As with all your travels, it is recommended that travel abroad be covered by insurance: assistance to persons and medical expenses, insurance in case of accident, home transfer, travel baggage insurance, cancellation insurance, personal liability. It is up to you to check your insurance coverage and, if necessary, to conclude it with your insurer or through the offers of a partner of VIVID website.

d. Liability regarding electronic communication

You acknowledge that you, and not VIVID, are responsible for all electronic communications and content sent from your website connection tool (computer, mobile, etc.) and you must use the service in accordance with applicable laws.

16. Liability of Local Travel Agencies

In order to be a VIVID partner and to be able to offer you services, the local agency undertakes to comply with certain obligations to the member, including the following:

  • Within 48 hours to send you an offer or contact you in a personal way;
  • To charge direct prices, that is to say as they are collected locally for local customers;
  • Use only the email address and phone number provided on the VIVID platform to communicate with you;
  • To provide all services listed in the travel program;
  • Clearly notify VIVID by email when you confirm your request;
  • Notify VIVID if the local correspondent is absent (of whatever duration) and is unable to respond.
  • To do its best to ensure the best quality of service;
  • To strive to find substitute solutions to problems;
  • To send you the terms of sale, payment and cancellation prior to confirming the reservation;
  • Have all the insurance and permits in place at the place of establishment and commit themselves to providing proof of this at the request of the member.

The local agency is responsible to you as an intermediary between you and the various service providers (airlines, hotels, transport companies, restaurants, ships, ...) chosen by you as part of your travel program.

We already point out that the local agency is not responsible for the following terms of use, which you must accept when accepting the travel program price quote:

  • Lost items, loss or damage to your personal belongings;
  • Theft or damage to your personal belongings in hotels;
  • Harmful consequences of a force majeure event (weather, natural disasters, political problems, strikes)
  • Damage caused by other passengers, travelers;
  • Consequences of delays, obstructions or cancellations of flights;
  • Effects of changes in schedule or airport;
  • Consequences of delays or disabilities in land transport;
  • Consequences of delays or disabilities or cancellation caused by rail transport;
  • Non-adherence to schedules on your part.

17. Cancellation and Refund Conditions for Services Provided by The Local Agency

Before reserving with a local agency, you are required to read and accept the terms of use, payment and cancellation policy.

a. Cancellation

All cancellations must be made by letter, fax or E-mail directly to the local agent in the prescribed form in accordance with the terms of use of the local agency.

Cancellation fees are charged to the customer. The amount varies depending on the time of cancellation and the cancellation policy of the agency.

We recommend carefully reading the conditions for cancellation, (advance) payment and non-performance and to make any future payment within the time period agreed with the local agency.

The customer must contact his resignation insurance within the required time period to check if he is entitled to a refund of cancellation fees. The contribution of the cancellation insurance cannot be refunded.

The conditions of the local agency apply. The amount of the cancellation fee will be deducted from the deposit paid by the client at the time of booking. If the customer has paid for his trip via the www.VIVID-TRIP.com payment platform, VIVID will repay the amount in the form in which the payment was originally made (debit card, direct debit, etc.).

b. Payment

The reservation is effective as soon as a deposit has been received. The terms of payment of the respective local agency apply.

Each local agent must tell you their terms and payment methods and apply them. Travelers pay the local agencies through the secure payment platform offered by VIVID in partnership with payment service provider. For this, the local agencies send the member a payment link by mail, as soon as the price offer has been accepted. By clicking on the link, the member will be shown an overview of the travel data. Upon confirmation of these dates (start and end dates of the services, total number of travelers, amount to be paid, travel agency performed, name of the payer, etc.) and acceptance of the VIVID terms of use, the member will be placed on a Secure Sockets Layer (SSL) encrypted platform forwarded. Here, the desired payment method can be selected and paid by entering the card data of the member online. Upon successful payment, the member will receive an automatic payment confirmation via e-mail. A payment link is only valid once. If the payment is incorrect, the used means of payment will not be charged. A new payment link is automatically generated and sent to the member via E-mail.

c. Amendments

Between the time the price quotation is made and your consent, availability at the property may be in question. Changes can therefore take place and then take place with your consent.

d. Unused services

A shortened or interrupted trip or service by land, river, sea or air, which for any reason will not be used, will not give rise to a refund by the local agent if the reason for this is the responsibility of the traveler.

It is up to the traveler to take out travel insurance for the repayment of unused benefits.

e. Insolvency of the local agency

VIVID shall not be liable for the services provided by local travel agents or their insolvency in the event of bankruptcy or business.

f. Help with VIVID customer service

However, if the local agency has difficulties in making the chosen travel program impossible, VIVID will provide support and try to find an alternative solution with another local agency.

As part of this effort, VIVID will work to ensure that you do not suffer any financial losses.

VIVID is obliged to compensate you adequately for the sum already paid to the defaulting local agency. The compensation will be in the form of a refund unless another local agency can take over the travel program. If the trip has not been paid for in whole or in part, you must pay the corresponding amount to the local replacement agency.

In the event of a dispute with the local agency, either before, during or after your trip, VIVID customer service will be available for dispute resolution and can be contacted at the following address: kontakt@VIVID-TRIP.com

18. Applicable Law and Jurisdiction

The content of the website has been developed and regulated in accordance with French law. The terms of use are subject to French law. Compulsory consumer protection rights under German law remain unaffected and continue to apply.

You and we are subject to litigation between you and us in connection with these terms of use or services (including contractual and non-contractual litigation and claims) of the non-exclusive jurisdiction of the French Courts. This is subject to conflicting consumer protection regulations. To enforce your rights, you can file an action in France or in your state of residence within European Union.

The European commission provides you with an online platform for dispute resolution to disposal. The platform is available at http://ec.europa.eu/consumers/odr/.

19. Changes to The Terms of Use

VIVID reserves the right to change the terms and conditions of these terms of use, for example, as a result of a change in the law or to ensure better functionality of the website and mobile applications. The changes to these conditions will be communicated to you by email. The changes shall be considered to be accepted if you do not object the notification in which we point out to you these consequences of a lack of objection within 14 days.

20. General Provisions

If any provision of these terms of use is inadmissible or unenforceable under applicable law, the validity of the remaining terms shall remain unaffected.

Subject to the following sentence, VIVID may transfer, subcontract or otherwise dispose of its rights and / or obligations under these terms of use without prior notice to you and without your consent. In the case of a planned transfer of the contract with you to a third party, we will notify you. In this case, you are entitled to terminate the contract by notifying us within four (4) weeks of receiving our notification.

If an inadmissible or unenforceable provision is permitted by deleting a part or enforceable, it is assumed that this part will be deleted and the rule will remain in force.

These terms of use are available in the language of this website.

21. Liability

For mediated services, we are liable only for the proper mediation of travel services and disclosure of information to the customer. We are not liable for the provision of services.

Damage to the luggage or delays in delivery must be reported immediately on the spot by means of a damage report to the responsible airline. This ad is a prerequisite for liability of the airline. We are not liable for this.

Liability for delay damage is excluded. Please note that airlines are not required to wait for connection machines. The costs resulting from failure to connect (e.g. due to fog) are at the sole expense of the traveler. Connection and return flights must be reconfirmed with the airline no later than 72 hours in advance. A short-term change of the flight times on the part of the airline is possible at any time.

If a booked travel service has defects from your point of view, then please contact the tour guide or the contact address stated on your voucher without delay so that remedial action can be taken. A damage report on the spot at the responsible office is usually a prerequisite for later assertion with the organizer.

Any claims must be registered in accordance with § 651 1g BGB within one month after the contractually provided termination of the journey with us, or the appropriate organizer or service provider. In the interests of travelers, registration should be in writing. The claims for non-contractual provision of the travel expire in twelve months. The statute of limitations begins with the day on which the journey should end the contract.

Blaichach den 01.10.2016

Zhang Wei