Terms of Service

**Terms of Service**

Version 05/21/2024

These General Terms of Service (“VF TOS”), along with the Privacy Policy (https://www.voyagefriends.com/privacy-policy), govern the use of the VF online brokerage platform (hereinafter referred to as “VF Platform”), accessible via (i) (http://www.voyagefriends.com) and certain other websites operated by VF (collectively referred to as “VF Websites”) and (ii) some mobile applications released by VF (hereinafter referred to as “VF Apps”).

The VF Platform is available to users worldwide. Certain sections of these VF TOS apply to you only if you reside in a specific country or region.

All countries (except the USA): If you reside anywhere in the world except the United States, Appendix A applies to you.

United States: If you reside in the United States (including any of its territories and possessions), Appendix B applies to you. Appendix B contains a mandatory binding individual arbitration clause, which means you agree to resolve most disputes concerning the VF Platform, our services, or these VF TOS in binding arbitration, not in court. You can opt out of arbitration only by following the procedure set out in Appendix B. Appendix B also includes a mutual waiver of class actions and jury trials.

1. About Us
We, VF s.r.o, with registered office at Kaprova 42/14, Staré Město, 110 00 Prague 1, Czech Republic, (hereinafter referred to as “VF” or “we” or “us”), operate the VF Platform and are accordingly responsible for it. Our platform is available in multiple languages worldwide and is fast and easy to use.
We operate the VF Platform as an intermediary platform where tours and activities (hereinafter referred to as “activities”) are offered online by various local activity providers from around the world, such as amusement parks, museums, guides, boat tour operators (hereinafter referred to as “suppliers”). Activities include, for example, guided tours, cooking classes, bus tours, boat trips, tickets for tours, and other services. We act as commercial agents for the suppliers. The descriptions, photos, and other content of their activities come from the respective suppliers. Therefore, we do not have direct control over this content.

2. Scope
2.1 These VF TOS apply to all visitors and users of the VF Platform and all content within the offered operating systems (currently iOS, Android) (hereinafter referred to as “users”). By using the VF Platform, you are obligated to comply with these VF TOS. Therefore, read them carefully when you first use the platform.
2.2 They are available online and apply to all our services unless more specific terms take precedence for a particular service. In such cases, this will be clearly indicated in due time. Any of your terms that conflict with or deviate from the VF TOS will not be valid unless we have expressly agreed to them in writing.
2.3 Use of the VF Platform is for your personal use only, i.e., you may not use it for business purposes under any circumstances. Key term: Reselling tickets is explicitly prohibited! This means that any use that exceeds your personal use in the private sphere and/or serves commercial or business purposes personally connected with you and/or other third parties, particularly commercial ticket resale, is strictly prohibited.

3. What We Do
3.1 You can view activities on the VF Platform. The contract for the provision of the activity is concluded exclusively and directly between you and the supplier (hereinafter referred to as the “Service Agreement”). When you purchase an activity on the VF Platform, you are not buying anything from us but directly from the supplier. We conclude the Service Agreements on behalf of and for the account of the suppliers. We act as commercial agents for the suppliers and are authorized and empowered by the suppliers to conclude transactions directly between the suppliers and users, e.g., you, on behalf of the suppliers and to collect payments from users. We do not offer any activities ourselves, and thus we do not become a contractual party to any Service Agreement. We receive a commission from the supplier for facilitating the Service Agreement.

3.2 You can filter the list of activities based on various parameters. The search guide will show you activities that meet your criteria and are offered by a specific supplier. If more than one supplier is able to offer an activity that meets the criteria entered in the search guide, the relevant activities will be listed based on factors such as popularity, diversity, availability, cancellation rates, ratings, performance over time, and the revenue generated.
3.3 To ensure a fast and smooth process, you can direct any questions regarding your booking to the VF customer service. Various forms are available for this purpose at Contact Us ⎸VF as well as on our service hotline. As commercial agents, we provide support to the suppliers in this process. We usually respond within 24 hours, but no later than 72 hours. Communication between you and the supplier may take place directly. In case of emergency, you will find the contact details of the respective supplier on your voucher/ticket.
3.4 We reserve the right to condition the use of the VF Platform, individual features of the VF Platform, or the extent to which individual features can be used on certain conditions, such as the payment behavior of the user (e.g., in the case of previous bookings) or the submission of certain proof (e.g., proof of identity, proof of purchase, payment, or ownership). We reserve the right to limit your booking of an activity or cancel activities you have booked if there is a suspicion of fraud, a violation of these VF TOS, or a breach of obligations under the Service Agreement that VF becomes aware of.
3.5 We are not obligated to improve, expand (update/upgrade), or make available the content, features, and services provided through the VF Platform. We may discontinue providing our services and activities at any time; there is no right to continue. However, if you have already entered into a Service Agreement with the supplier, Section 15 applies, i.e., the Service Agreement.

4. Registration and VF Account
4.1 Although registration is not required to access the VF Platform, you must register with us to use all features, e.g., “Wish List”.
4.2 To create an account (“VF Account”), you must enter your full name and email address into the registration form on the VF Platform and can set a password. If available, you can create an account without a password using the option to create an account with a verification link sent to your email. You must keep this information confidential so that no third party has access to your account. After clicking on the “Confirm Email” button, you will receive a welcome email from VF. Your VF Account is now created.
4.3 You may only create one VF Account. The account may not be transferred to anyone else.

5. VF App
5.1 Subject to the terms of this agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install, and use the VF Apps on your mobile device, provided that the installation and use of the VF Apps is solely (i) for your personal use and non-commercial purposes and (ii) in accordance with the restrictions and limits set out in this agreement. You may not copy, transmit, rent, loan, modify, adapt, create derivative works from, distribute, or sublicense the VF Apps, and if you sell your mobile device to a third party, you must remove the VF Apps from the mobile device before doing so. You may not reverse engineer, disassemble, attempt to derive the source code of, or decompile the VF Apps or any part thereof, except to the extent that such restriction is expressly prohibited by applicable law. All rights not expressly granted to you are reserved by us and our licensors.
5.2 From time to time, VF may, at its discretion, develop and provide updates to the VF Apps, which may include enhancements, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or entirely delete certain features and functionalities. You agree that VF is under no obligation to provide any Updates or to continue providing or enabling particular features or functionalities. Based on your mobile device settings, when your mobile device is connected to the internet:
– the VF Apps will automatically download and install all available Updates; or
– you may receive notice of or be prompted to download and install available Updates.
You should promptly download and install all Updates, and you acknowledge and agree that if you do not, the VF Apps or parts thereof may not properly operate. Further, you agree that all Updates will be deemed part of the VF Apps and subject to all terms of these VF TOS.
5.3 You acknowledge that when you download, install, or use the VF Apps, VF may use automatic means (including, for example, cookies, software development kits (SDKs), and web beacons) to collect information about your mobile device and your use of the VF Apps. The use of the VF Apps or certain of its features or functionalities may require you to provide certain information about yourself. All information collected through or in connection with the VF Apps is subject to our Privacy Policy. You can manage some data processing activities by opting out when the VF Apps prompt you.

6. Entering into a Contract with VF – User Agreement
6.1 The subject of the contract with us as the contracting party is the free use of the VF Platform (“User Agreement”).
6.2 The contractual relationship between you and us comes into effect as soon as you use the VF Platform (which includes installing the VF App). It is possible to block, terminate, or delete the VF Account at any time through VF customer service by phone or through the contact form in

the “Delete Account” section. Contact details can be found at Contact Us ⎸VF.
6.3 VF may terminate your User Agreement, VF Account, or your access to the VF Platform unilaterally at any time with one week’s notice. However, the termination will only take effect after all previously concluded Service Agreements have been completed or canceled. The right to terminate for good cause remains unaffected.

7. Customer Service / Best Price Match from VF
7.1 You can contact our customer service team at Contact Us ⎸VF. We are available by phone, chat, or email.
7.2 If you find an activity booked through the VF Platform (i) under the same conditions (date, city, number of people), (ii) with the same services, (iii) at a lower price on the internet, (iv) that can be booked with the same supplier, and can prove it to us, we will refund the difference between the lower price booked through VF and the lower price you found and have available online. Offers that are part of loyalty or reward programs are excluded from the best price matching.
7.3 To take advantage of this best price offer, you must send us the link (and/or screenshot of the alternative offer) upon request. We will then check it and, if the price is indeed lower, we will refund the difference, which can also be done by postal order.
7.4 All special offers and discount promotions are marked accordingly.

8. Payment on VF
8.1 The price for an activity is the one offered on the VF Platform (“published price”). The amount you pay for an activity (“booking price”) is the published price less any discount. Unless otherwise agreed, the booking price for an activity is due immediately after booking.
8.2 For selected activities, you can choose the “Book now, pay later” feature. This is only possible with a credit card that is valid at least until the date of the selected activity. To confirm the validity, we will deduct 0 CZK from your credit card when you complete the booking. 72 hours before the start of the activity, we will charge the booking price. If the payment from the credit card fails, you have 47 hours to manually complete the payment. If this fails and the payment is not made, the booked activity will be automatically canceled.
8.3 VF is authorized to receive (as a commercial agent) the invoiced amounts on behalf of and for the account of the supplier, unless expressly stated otherwise in the supplier’s invoice. By successfully paying VF, you have fulfilled your payment obligations to the supplier with discharge of the obligation. If claims are to be paid in a currency other than the local currency (foreign currency claim), VF (in its role as a commercial agent) may collect the payment in your local currency and convert the foreign currency claim according to the exchange rate current at the time of the contract conclusion. For highly volatile currencies, we may charge a reasonable exchange fee.
8.4 In connection with the Service Agreement and payment, we are your contact person as the commercial agent of the supplier. If you wish to request a refund of the booking price outside our cancellation policy, contact us. We will then contact the supplier who will decide at their discretion whether to grant the refund request. A refund granted by the supplier may be processed by the supplier through us.
8.5 You must provide payment information truthfully and update it immediately in the event of changes. During the order process, you will see the payment methods allowed for the activity. The terms and conditions of the payment service provider apply. Your payment service provider may charge additional fees. You must confirm to us that you are authorized to use the chosen payment method or that you have the right to use it.
8.6 In some cases, you will not pay the booking price to VF or directly to the supplier but to another company we have entrusted with processing the payment as a delegated agent. For example, if you live in the USA or use a credit card issued in the USA, the payment is processed by VF Operations Inc, one of our subsidiaries. These payments are subject to the same conditions as payments directly to us, so nothing changes for you. By successfully paying the delegated agent, you fulfill your payment obligations with discharge of the obligation to the supplier. If you have questions about payment, you can contact our local customer service via Contact Us ⎸VF.
8.7 By authorizing the payment, you agree that your payment details will be used to collect payments for the supplier. We reserve the right to condition the use of the payment function or individual payment methods on the VF Platform on a requested credit check.

9. Changes and Cancellations
9.1 You can cancel Service Agreements only in accordance with the cancellation policy specified in the Supplier’s T&Cs, the activity description on the VF Platform, or on the voucher/ticket issued for the activity.
9.2 To avoid misunderstandings, you must make changes (e.g., reschedule the activity date or make changes to participants) and cancellations through the VF Platform unless otherwise agreed. Cancellations or changes can be made via the form available at Contact Us ⎸VF. The change or cancellation must be made in a timely manner; what “timely” means depends on each individual case (e.g., within the relevant cancellation period) and may depend on the availability of the activity. Therefore, it is very important that you read all conditions on the activity page or in the supplier’s T&Cs carefully. The decisive factor for timely cancellation is the timely receipt of the notification by VF. If these conditions are met, we will issue a confirmation of the cancellation/change on behalf of the supplier. This document serves as proof of the cancellation/change and must therefore be kept.
9.3 We may notify you of changes or cancellations on behalf of the supplier, especially if it is a short-notice cancellation, at the phone number you provided and by sending changes to your email address.
9.4 If no other cancellation policy is stated in the activity description on the VF Platform, in the supplier’s T&Cs, or on the voucher/ticket for the activity, the following cancellation policy applies:
a) For cancellations more than 24 hours before the start of the activity, a full refund of the booking price; and
b) For cancellations 24 hours or less before the start of the activity or in the event of no-show, no refund.

10. Reviews and Other User Content
10.1 We offer you the opportunity to view reviews and other content posted by other users on the VF Platform. Reviews reflect the personal opinion of the respective user at a specific time and are therefore influenced by personal expectations and perceptions. It should also be noted that the activity may have changed since the review or other content was posted. It is also important to consider the number of reviews and ratings, as one opinion is often less meaningful than a summary of many opinions.
10.2 You can personally influence the content on the VF Platform by writing reviews of activities you have purchased or posting images (collectively, “User Content”). You are fully responsible for any User Content you post. It is strictly prohibited to post User Content on the VF Platform that: (i) is false or misleading; (ii) openly or covertly promotes products, services, or companies; (iii) is created for compensation received from a third party; (iv) is created by a supplier providing the activity or at their direction; (v) violates intellectual property rights, privacy, or other rights of third parties; or (vi) contains links or similar information/links that could disrupt the functioning of third-party data processing systems.
10.3 Before uploading User Content, you must ensure that you have the necessary rights to use the images. Specifically, images or photos showing other people may only be uploaded to the VF Platform if those people have given their consent. If you want to use photos taken by someone else, you also need their consent.
10.4 The public accessibility of User Content must not violate laws, ethics, and/or the rights of third parties; in particular, you may not upload and/or make publicly accessible User Content depicting violence, pornography, discrimination, insults, racism, slander, or other illegal content or representations.
10.5 You remain the owner of all User Content you create. You grant VF a non-exclusive, sublicensable (through one or more levels), worldwide, fully paid, and royalty-free license to use, reproduce, adapt, translate, create derivative works from, modify, perform, publicly display, publicly perform, transmit, and distribute the User Content, including content (i) on or through the VF Platform, (ii) with or through VF’s partners, and (iii) in online and offline marketing materials.
10.6 We may remove User Content as needed and at our sole discretion. For example, VF may remove User Content if we believe it violates our obligations under sections 9.2–9.4. We are not obligated to keep copies of User Content or provide such copies.
10.7 VF, its affiliates, authorized agents, and their (distribution) partners may display advertisements and other information on the VF Platform and in other media alongside or together with User Content. You are not entitled to any compensation for such advertising. We reserve the right to change the type and scope of these advertising provisions without notifying you of such changes.

11. Data Protection
11.1 All personal data collected from you through the VF Platform is processed by VF as a data controller in accordance with applicable data protection laws and for the purposes described in the Privacy Policy. VF shares your personal data with suppliers to the extent necessary to fulfill the Service Agreement between you and the supplier or when required to meet a legal obligation and for other purposes permitted by law. Suppliers are independent data controllers and are solely responsible for processing your personal data.
11.2 Detailed information on how to exercise your data protection rights can be found in the Privacy Policy.

12. Indemnification
12.1 You will

fully indemnify us for all damages, costs, and expenses (including reasonable defense costs) incurred by us, our agents, or partners as a result of:
12.1.1 Your intentional or negligent misrepresentation, act, or omission in connection with your use of the VF Platform;
12.1.2 Your intentional or negligent non-compliance with the VF TOS; or
12.1.3 Claims asserted by third parties arising from your access or use of the VF Platform or in connection with it, which intentionally or negligently violate these VF TOS.

13. Assignment
You may not transfer or assign your rights and/or obligations arising from these VF TOS, except for any claims for damages.

14. Severability Clause
If any individual provisions of these VF TOS are or become entirely or partially invalid or ineffective, the validity of the remaining provisions will not be affected. Provisions of these VF TOS that are not included or are invalid will be replaced by statutory provisions. If such statutory provision is not available in a given case or would lead to an unacceptable result, the parties will initiate negotiations to replace the non-included or invalid provision with a valid provision that most closely approximates the economic purpose of the invalid provision.

15. Supplier – Service Agreement
15.1 Conclusion of the Contract with the Supplier
15.1.1 If you select and purchase an activity on the VF Platform, you enter into a contract directly with the supplier. We act as commercial agents for the supplier in concluding the contract.
15.1.2 After verifying the availability of the activity, you add the relevant activity to the shopping cart by clicking on the “Add to Cart” button. After clicking on the “Review” button, you will be asked for additional mandatory information, particularly the payment method, which must be filled in.
15.1.3 By clicking the “Pay Now” button at the end of the order process, you make a binding offer to conclude the Service Agreement with the supplier providing the activity. You are bound by the offer for two working days. After receiving the offer, we will send you an automatic order confirmation on behalf of the supplier. This order confirmation does not constitute acceptance of the offer.
15.1.4 Suppliers may provide their own terms in their respective listings on the VF Platform (“Supplier T&Cs”). Please read these Supplier T&Cs carefully as they may contain important information for you, such as cancellation options or conditions. No provision of the Supplier T&Cs affects your relationship with us or our statutory rights. In the event of a conflict between a provision in the Supplier T&Cs and a provision in Section 9 of the VF TOS, the provision that is more favorable to you will govern the relationship between you and the supplier.
15.1.5 We accept the offer on behalf of and for the account of the supplier once you receive a booking confirmation issued on behalf of and for the account of the supplier and, if applicable, have access to a voucher or ticket (either a mobile voucher or downloadable PDF voucher/ticket) and payment confirmation. We reserve the right, at our sole discretion, to accept or reject contractual offers.
15.1.6 The contract between you and the supplier is not established in a separate contract text. The content of the contract arises from the ordered product (i.e., the description of the activity you selected), the relevant provisions in Section 15 of these VF TOS, and, if applicable, the Supplier T&Cs.
15.1.7 The order confirmation must be checked immediately to ensure that all details have been entered correctly.
15.2 Prices
15.2.1 The stated prices are, in most cases, inclusive of all taxes and fees. However, additional local taxes or fees may be collected on-site. If additional taxes or fees are collected locally, this will be indicated in the activity description.
15.2.2 Published prices set by the suppliers may be subject to special provisions, such as cancellation and refund conditions. You must verify for yourself whether the respective supplier sets different conditions before booking.
15.3 Providing the Activity
15.3.1 You must arrive on time at the meeting point designated by the supplier. Please also consider the Supplier T&Cs. If you are arriving from abroad for the activity, you are responsible for the necessary travel documents (passport, visa, etc.) and meeting health or other requirements.
15.3.2 The booking price does not include any type of insurance. You are responsible for obtaining adequate insurance. We strongly recommend purchasing travel insurance, especially if you book an activity that includes outdoor or risky activities. We do not conduct tours, employ guides, or set safety standards for activities.
15.3.3 Suppliers are independent contractors, not agents or employees of VF. We are not responsible for the actions, errors, omissions, statements, guarantees, breaches, negligence, or misconduct of any supplier, nor for any personal injury, death, property damage, or other damages or expenses resulting from or otherwise arising from any booking or activity.
15.3.4 The time zone of the supplier is decisive for the calculation of time and deadlines.
15.4 Additional Supplier Rights
15.4.1 The supplier may cancel the activity at the agreed date without adhering to the cancellation deadline if weather conditions, official measures, strikes, or other external circumstances that cannot be foreseen or can only be averted with disproportionate effort by the supplier and are beyond their control (particularly in cases of force majeure) prevent or significantly complicate or endanger the execution of the activity. In such cases, the booking price paid for the canceled activity will be refunded to you. Any request for additional compensation can be directed directly to the supplier as per Section 15.3.3.
15.4.2 The supplier may exclude you from the activity if (i) you do not meet the participation requirements stated on the VF Platform, (ii) your participation would endanger yourself or others, or (iii) you in any way disrupt the execution of the activity. In these cases, the booking price paid for the activity will not be refunded.
15.4.3 The supplier may make minor changes to the activity program at any time if this proves necessary due to circumstances that arise at the last minute. Minor program changes also include changing the starting/meeting location for the activity if you can reach the new meeting location from the originally agreed meeting location on foot or by public transportation within 15 minutes. The change of the starting/meeting location is possible up to 24 hours before the start of the booked activity and will be communicated to you by email or displayed via the VF Platform.

16. Final Provisions
16.1 For the purpose of fulfilling the contract and exercising the rights to which we are entitled under these VF TOS, we may use other VF companies and third parties as intermediaries.
16.2 We may change or amend these VF TOS in the future, for example, to reflect changes in legislation, market changes, or gaps in regulation. We will inform you of this in a timely and appropriate manner. If you object to this, we or you can immediately cancel your VF Account or terminate your access to the VF Platform.
16.3 All notifications and other declarations transmitted within the scope of these VF TOS must be made in writing (e.g., by email).
16.4 The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply to these VF TOS or purchases made under them.
16.5 The contract between you and us is created and concluded in Berlin, Germany.
16.6 In these VF TOS, (i) “including” means “including, without limitation,” (ii) general words are not given a limiting meaning due to the fact that they are preceded by words indicating a particular class of actions, things, or matters, and (iii) words indicating the singular include the plural and vice versa. Headings and section titles used in these VF TOS are for convenience only and are not used to interpret the VF TOS.

**Appendix A**

Provisions Applicable to Residents of All Countries (Except US Residents)

A1 Scope
These VF TOS are intended exclusively for consumers within the meaning of § 13 BGB (German Civil Code).

A2 Liability
A2.1 Except as provided in Section A2.2, our maximum liability arising from or related to the performance of our contractual obligations to you is limited to the typical foreseeable loss or damage caused by the breach of a fundamental contractual obligation through negligence. A “fundamental contractual obligation” under these VF TOS is an obligation whose performance is necessary for the proper performance of these VF TOS and whose breach jeopardizes the purpose of these VF TOS and their performance, which you can generally rely on as a user. Loss or damage is usually foreseeable if it was usually foreseeable at the time of acceptance of these VF TOS. We exclude our liability and the liability of our authorized persons for damages caused by the breach of a non-essential contractual obligation through negligence.
A2.2 Nothing in these VF TOS excludes or limits our liability or the liability of our agents or employees for gross negligence, willful injury, death, personal injury, or fraud. Likewise, all other mandatory statutory consumer rights remain unaffected.
A2.3 The above limitations of liability do not apply if we fraudulently conceal circumstances regarding the standard of the VF Platform or when guaranteeing a certain functionality. The same applies to any claims by the user under the Product Liability Act.
A2.4 Liability does not arise in cases of force majeure, including, but not limited to, failures of electronic or mechanical equipment or communication, actions of third parties (including denial of service attacks and excessive or abusive use of the VF Platform), telephone or other connectivity problems, computer viruses, unauthorized access, theft, operator errors, fire, adverse weather including floods, regulatory or other actions, regulatory, governmental, or supranational bodies, in the event of war, unrest, or labor disputes.
A2.5

You always have the option to prove to the supplier that they did not incur any damage or that the damage is significantly lower than the cancellation fees requested by the supplier.

A3 Indemnification
A3.1 Damage in the sense of Section 12.1 also includes indemnification that we are exposed to towards our intermediaries (under German law) or collaborators due to the occurrence of one of the events described in Section 12.
A3.2 The above obligations in Section A3.1 only apply if you are responsible for the occurrence of the events described in Section 12 or for violating these VF TOS, i.e., you acted intentionally or negligently, and this misconduct directly led to the above-described events or violations.

A4 Online Dispute Resolution
The European Commission’s platform for online dispute resolution can be found here. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

A5 Governing Law
To the extent permitted by mandatory local (consumer) legal provisions of the country in which you reside, these VF TOS and our services are governed by German law.

A6.1 Jurisdiction for EEA Residents
If your usual residence is in the EEA (European Economic Area), the following applies: To the extent permitted by mandatory local (consumer) legal provisions, any disputes will be resolved exclusively before the competent courts in Berlin, Germany.
A6.2 Jurisdiction for Residents Outside the EEA and the USA
If your usual residence is outside the EEA and outside the United States, the following applies: Any dispute will be submitted exclusively to the competent courts in Berlin, Germany.

A7 Right to Withdraw
If you are a consumer, i.e., if you are a natural person acting for purposes that are not attributable to your trade, business, craft, or profession, and your usual residence is in the European Economic Area, you generally have a statutory right to withdraw from the contract in accordance with the following withdrawal information. In some cases, however, the right of withdrawal is excluded by law, so you may not have the right to withdraw from a specific contract.

A7.1 Exclusion of the Right to Withdraw
The right of withdrawal is excluded by law in the case of contracts for the provision of leisure activities concluded at a distance if the contract provides for a specific date or period of performance. This includes time-bound or time-limited “tours” of various kinds, “(multi-day) trips,” “tickets,” “guided tours,” “water activities,” “adventures,” “other experiences,” and “combined offers” that we prepare for you.

A7.2 Instructions on Exercising the Right to Withdraw
A7.3 Right to Withdraw
You have the right to withdraw from this contract without giving any reason within 14 days.

The withdrawal period ends 14 days after the day on which you or a third party other than the carrier indicated by you acquires physical possession of the last good.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

A7.4 Consequences of Withdrawal
If you withdraw from this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

In addition to the above, the following applies to your right to withdraw from the contract:
You can use the below model withdrawal form to notify us of your withdrawal, but you are not obliged to use it. You can, for example, notify us of your withdrawal quickly and efficiently through our platform by filling out and submitting the form on the Reservation Cancellation page.
If you use the below model withdrawal form, please provide the reservation number. This will help us match your withdrawal, but it is not mandatory for you.

A7.5 Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract).

To Voyage Friends s.r.o:
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*),
Ordered on (*) / received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified in paper format),
Date
(*) Delete as appropriate.

**Appendix B**

Provisions Applicable Only to Residents of the USA

B1 Warranty Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE, AND HEREBY EXPRESSLY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE ACTIVITIES AND SERVICES CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. The VF Platform is provided “as is,” without any express or implied warranties. We do not guarantee that (i) the VF Platform will meet all your requirements or that its operation will be uninterrupted, virus-free, secure, or error-free, or (ii) the content of the VF Platform will be complete, accurate, or free of technical defects or modifications made by unauthorized third parties. We are not responsible for the accuracy and completeness of the data provided by the supplier.

B2 Liability Related to the Activity
B2.1 Injury Incidents
You (and any other person for whom you made a booking for an activity (hereinafter referred to as “co-travelers”)) agree and understand that the activities are provided by suppliers, not VF. Suppliers are independent third parties that are not controlled by VF. In the event that you or co-travelers suffer an injury, death, or loss during or in connection with the activity (hereinafter referred to as “injury incident”), you agree to seek compensation directly from the supplier who provided the activity, not from VF or its affiliates, subsidiaries, distribution partners, or their respective officers, directors, employees, and agents (hereinafter referred to as “VF Parties”).

B2.2 Release
ON BEHALF OF YOURSELF AND ALL CO-TRAVELERS, YOU HEREBY RELEASE THE VF PARTIES FROM ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, DAMAGES AND RESPONSIBILITIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ASSERTED OR UNASSERTED, WHICH YOU HAVE EVER HAD, NOW HAVE, OR MAY HAVE IN THE FUTURE.

B2.3 Unknown Claims
Section 1542 of the California Civil Code states as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, would have materially affected their settlement with the debtor or released party.” You agree that you have read this language and understand it. Specifically and expressly, you WAIVE any rights you may have under Section 1542 of the California Civil Code (or any similar law), to the extent applicable to the release in this Section. You acknowledge and agree that this waiver is an essential and material term of these terms.

B2.4 Commitment
You covenant and agree that you will never commence, prosecute, cause, permit, or advise the commencement or prosecution against any of the VF Parties of any court or administrative action or proceeding or other proceedings (including arbitration) based upon any injury incident. If any such prohibited action or proceeding is commenced, these terms may be used as a complete and full defense.

B2.5 Third-Party Beneficiaries
The VF Parties are expressly named as third-party beneficiaries with respect to this Section B2. Each of the VF Parties has the right to enforce this Section B2 against you as it pertains to their respective rights as third-party beneficiaries.

B3 Limitation of Liability
B3.1 Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST DATA, PROFITS, REVENUES, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, HOWEVER, CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY, AND NEGLIGENCE), OR OTHERWISE

, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY STATED HEREIN.

B3.2 Maximum
IF VF IS HELD LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING YOUR USE OF VF’S SERVICES, YOUR PARTICIPATION (OR NON-PARTICIPATION) IN AN ACTIVITY, OR AN INCIDENT), THEN VF’S LIABILITY IN NO EVENT SHALL EXCEED IN THE AGGREGATE THE GREATER OF: (A) THE AMOUNT PAID TO VF IN CONNECTION WITH THE ACTIVITY THAT GAVE RISE TO THE CLAIM (IF APPLICABLE), OR (B) TWO HUNDRED DOLLARS (200.00 USD).

B3.3 Risk Allocation
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THIS SECTION B3 REPRESENT A REASONABLE ALLOCATION OF RISK AND THAT VF WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. In no event shall we be liable to you for the actions or omissions of any supplier.

B4 Arbitration
Please read this Section B4 carefully; it may affect your rights. This section provides for the resolution of most disputes through arbitration instead of court trials. Arbitration is less formal than a court trial. It uses a neutral arbitrator instead of a judge or jury, and discovery is not as extensive. Arbitration is final and binding and subject to only very limited judicial review. This Section B4 survives the termination of your VF Account.

B4.1 Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to the VF Platform, our services, these VF TOS, and your relationship with us (or our subsidiary, parent, or affiliated companies), whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, including the interpretation and scope of this arbitration clause and the arbitrability of the dispute (hereinafter referred to as “claims”). All claims shall be resolved by binding arbitration unless explicitly excluded from arbitration as set forth in Section B4.4.

B4.2 Opt-Out
Notwithstanding the provisions of Section B4.1, you may opt out of binding arbitration by following the opt-out procedure set forth herein and sending us a written notice within the opt-out period. The opt-out notice must be postmarked no later than 30 calendar days after (i) the date you first used the VF Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (hereinafter referred to as the “opt-out period”), whichever is earlier.

The written notice must be sent to the following address: Legal Department, VF, Sonnenburger Straße 71-75, 10437 Berlin, Germany. An opt-out notice delivered after the opt-out period (with an additional grace period of three (3) days for mailing) will not be valid, and you must arbitrate your claim or bring it to small claims court.

B4.3 Governing Law for This Provision
The parties agree that these VF TOS evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced under the Federal Arbitration Act and federal arbitration law, and not state law.

B4.4 Excluded Claims
The following claims are not subject to binding arbitration and may be brought in court instead (as set forth in Section B5): (i) any claim or cause of action for actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency court action based on urgent circumstances (e.g., imminent harm, hacking, or cyber-attack); or (iii) any claim seeking public injunctive relief where such relief is available and cannot be waived under applicable law. Additionally, either of us may bring claims to small claims court if the claim qualifies for small claims court and is subject to the limitations set forth in Section B5.

B4.5 Arbitration Procedure
In any dispute, whether pursued in court or arbitration, you must first send us a written description of your claim through the form available at Contact Us ⎸VF, giving us an opportunity to resolve the dispute. If your claim or dispute is not resolved within 60 days of receipt of the claim, you may request arbitration. Arbitration of any dispute or claim shall be conducted (i) before a single neutral arbitrator, (ii) in English, (iii) under the arbitration rules of the International Chamber of Commerce (hereinafter referred to as “ICC Rules”) together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (hereinafter referred to as “IBA Rules”) (in case of conflict, the IBA Rules shall prevail, but only to the extent of evidence-taking). No party may make a request under § 1782 of the 28 U.S.C. The arbitrator shall only award those remedies that are allowed in these VF TOS, subject to any disclaimers or limitations on damages and liability set forth in these VF TOS. The award rendered by the arbitrator shall include the costs of arbitration, reasonable attorneys’ fees, and reasonable expert witness fees and costs. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of the arbitration, except as required by law or to enforce the arbitration award. Judgment on any arbitration award may be entered in any court with proper jurisdiction. For claims of up to $25,000, the arbitration shall be conducted without in-person appearances by the parties or witnesses and shall be based solely on written submissions unless you request an in-person or telephonic hearing or the arbitrator determines that an in-person or telephonic appearance is necessary. Telephonic hearings are preferred unless the arbitrator determines that a fair process requires an in-person hearing. In-person hearings shall be held in New York, New York, unless the arbitrator orders otherwise.

B4.6 Waiver of Class Actions
YOU AND WE AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator in a dispute between you and us determines that this class action waiver is unenforceable, this Section B4 will not apply to you. If you opt-out of binding arbitration in accordance with Section B4.2, this class action waiver will not apply to you. You and no other consumer can be a class representative, member of a class, or otherwise participate in a class, consolidated, or representative proceeding unless you opt out of binding arbitration in accordance with Section B4.2.

If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

B5 Governing Law
Except as provided in Section B4.3, these VF TOS are governed by the laws of the State of New York, without regard to conflict of laws principles.

B6 Venue
Any legal action, lawsuit, or proceeding arising out of or related to these VF TOS or our services (including (i) any proceeding brought by a user who has opted out of binding arbitration in accordance with Section B4.2, and (ii) any small claims court proceeding) shall be brought exclusively in the state and federal courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of these courts and agrees that it is a convenient forum and that it will not seek to transfer such action or proceeding to another court or jurisdiction based on the doctrine of forum non conveniens, etc.

B7 Waiver of Jury Trial
IF ANY LITIGATION IS TO BE CONDUCTED INSTEAD OF ARBITRATION FOR ANY REASON, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.