Terms of Service

TERMS OF SERVICE

Last Updated: January 1, 2026

1. ACCEPTANCE OF TERMS

Welcome to ViaVia! These Terms of Service ("Terms") constitute a legally binding agreement between you and ViaVia UG (haftungsbeschränkt) ("ViaVia," "we," "us," or "our") governing your access to and use of our travel planning platform, website, mobile applications, and related services (collectively, the "Services").

Our Details:

- Company Name: ViaVia UG (haftungsbeschränkt)

- Registered Address: Marchgrabenplatz 4, 80805 München, Germany

- Registration Number: HRB [to be completed upon registration]

- Managing Director: Klemen Kocic

- Email: info@viavia.travel

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Services.

2. ELIGIBILITY AND ACCOUNT REGISTRATION

2.1 Age Requirement

You must be at least 16 years old to use our Services. If you are between 16 and 18 years old, you may only use our Services with the involvement, supervision, and approval of a parent or legal guardian. By using our Services, you represent and warrant that you meet these age requirements.

2.2 Account Creation

To access certain features of our Services, you must create an account by providing:

- A valid email address

- Your name

- A secure password

- Any other information we may reasonably request

You agree to:

- Provide accurate, current, and complete information

- Maintain and promptly update your account information

- Maintain the security of your account credentials

- Notify us immediately of any unauthorized access or security breach

- Accept responsibility for all activities that occur under your account

2.3 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to:

- Share your password with anyone

- Allow anyone else to access your account

- Use another person's account without permission

We are not liable for any loss or damage arising from your failure to maintain account security.

2.4 Account Suspension and Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, if:

- You violate these Terms

- You engage in fraudulent, abusive, or illegal activity

- Your account has been inactive for more than 12 months

- We are required to do so by law

- We cease operating the Services

You may terminate your account at any time by contacting us at info@viavia.travel with the subject line "Account Deletion Request."

3. DESCRIPTION OF SERVICES

3.1 Platform Features

ViaVia provides a travel planning platform that includes:

- Multi-destination European travel itinerary planning

- Route optimization and mapping

- AI-assisted trip recommendations and suggestions

- Place discovery with ratings, reviews, and photos

- Accommodation booking integration via third-party providers

- Collaborative trip planning with other users

- Trip customization and note-taking

- Budget tracking and estimation

3.2 AI-Assisted Features

Our Services include AI-powered features that provide:

- Personalized travel recommendations based on your preferences

- Automated itinerary suggestions

- Conversational trip planning assistance

- Content generation (descriptions, tips, suggestions)

AI-generated content is provided for informational purposes only and should not be solely relied upon for critical travel decisions. We do not guarantee the accuracy, completeness, or suitability of AI-generated recommendations.

3.3 Third-Party Content and Services

Our Services integrate with third-party providers:

- Google Places API: For location information, photos, ratings, and reviews

- Nuitee: For accommodation search and booking

- Mapping Services: For route visualization and navigation

We do not control and are not responsible for third-party content, services, or pricing. Your use of third-party services may be subject to their own terms and conditions.

3.4 Service Availability

We strive to provide reliable and uninterrupted Services, but we do not guarantee:

- Continuous, uninterrupted, or error-free operation

- Freedom from viruses or other harmful components

- Accuracy or reliability of content or results

- Availability at any particular time or location

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

4. USER CONTENT AND CONDUCT

4.1 User Content

"User Content" means any content you submit, upload, or create using our Services, including:

- Trip itineraries and plans

- Reviews and ratings

- Comments and notes

- Photos and images

- Messages and conversations

You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with providing and improving our Services.

4.2 User Content Responsibility

You are solely responsible for your User Content. You represent and warrant that:

- You own or have the necessary rights to your User Content

- Your User Content does not violate these Terms or any applicable law

- Your User Content does not infringe any third-party rights (intellectual property, privacy, publicity, etc.)

4.3 Prohibited Content and Conduct

You agree not to submit, upload, or create User Content that:

- Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

- Infringes any intellectual property or other proprietary rights

- Contains viruses, malware, or other harmful code

- Violates the privacy or publicity rights of others

- Impersonates any person or entity

- Constitutes unsolicited advertising or spam

- Promotes illegal activity or violence

You agree not to:

- Use our Services for any unlawful purpose

- Interfere with or disrupt the Services or servers

- Attempt to gain unauthorized access to any part of the Services

- Use automated systems (bots, scrapers) without our permission

- Reverse engineer, decompile, or disassemble any part of the Services

- Remove or modify any proprietary notices

- Harass, abuse, or harm other users

- Collect or harvest personal data from other users

4.4 Content Moderation

We reserve the right, but are not obligated, to:

- Monitor, review, and remove User Content

- Suspend or terminate accounts that violate these Terms

- Report illegal activity to law enforcement

- Cooperate with legal proceedings

We are not responsible for User Content and do not endorse any opinions expressed by users.

5. BOOKINGS AND PAYMENTS

5.1 Third-Party Bookings

Accommodation bookings are processed through our third-party provider, Nuitee. When you make a booking through our Services:

- You enter into a direct contractual relationship with the accommodation provider

- Booking terms and conditions are governed by the provider's policies

- We act as an intermediary to facilitate the booking process

- We are not responsible for the quality, accuracy, or availability of accommodations

5.2 Pricing and Payment

- All prices are displayed in the currency specified by the accommodation provider

- Prices may include or exclude taxes, fees, and charges as indicated

- Payment is processed securely through Nuitee's integrated payment system

- We do not store your payment card information

- You authorize us to share necessary booking information with Nuitee and accommodation providers

5.3 Cancellations and Refunds

- Cancellation policies are set by individual accommodation providers

- Refund eligibility depends on the provider's cancellation policy

- We do not process refunds directly; contact the accommodation provider or Nuitee for refund requests

- Cancellation and modification requests must be made according to the provider's policies

5.4 Booking Disputes

For issues related to bookings (cancellations, refunds, no-shows, quality disputes):

1. Contact the accommodation provider directly

2. If unresolved, contact Nuitee's customer support

3. We may assist in facilitating communication but are not responsible for resolving booking disputes

6. INTELLECTUAL PROPERTY

6.1 Our Intellectual Property

All content and materials on our Services, including but not limited to:

- Text, graphics, logos, icons, images

- Software, code, algorithms

- Design, layout, and look-and-feel

- Trademarks, trade names, and service marks

are owned by or licensed to ViaVia and are protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes, subject to these Terms.

You may not:

- Copy, modify, or create derivative works of our Services

- Distribute, sell, lease, or sublicense our Services

- Reverse engineer or attempt to extract source code

- Remove or alter any proprietary notices

- Use our Services for commercial purposes without our written permission

6.3 Trademarks

"ViaVia" and our logo are trademarks of ViaVia UG (haftungsbeschränkt). You may not use our trademarks without our prior written consent.

6.4 Copyright Infringement

We respect intellectual property rights. If you believe your work has been infringed, please contact us at info@viavia.travel with:

- Description of the copyrighted work

- Location of the infringing material on our Services

- Your contact information

- A statement of good faith belief

- A statement of accuracy under penalty of perjury

- Your electronic or physical signature

7. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

- MERCHANTABILITY

- FITNESS FOR A PARTICULAR PURPOSE

- NON-INFRINGEMENT

- ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT

- UNINTERRUPTED OR ERROR-FREE OPERATION

- FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS

We do not warrant that:

- Our Services will meet your requirements

- Results obtained from using our Services will be accurate or reliable

- Errors or defects will be corrected

- Third-party content or services will be accurate or available

TRAVEL DISCLAIMER: We provide trip planning tools and information but are not a travel agency. We do not guarantee:

- Accuracy of travel information, recommendations, or prices

- Availability of accommodations, attractions, or services

- Safety or suitability of destinations or activities

- Weather conditions or seasonal variations

You are solely responsible for:

- Verifying travel information and requirements

- Obtaining necessary travel documents (passports, visas, vaccinations)

- Purchasing appropriate travel insurance

- Assessing risks and making informed travel decisions

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIAVIA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

This includes, without limitation:

- Loss of profits, revenue, or data

- Loss of business opportunity

- Personal injury or property damage

- Travel delays, cancellations, or disruptions

- Reliance on content or recommendations

- Unauthorized access to your account or data

- Errors, bugs, or viruses in the Services

- Actions or omissions of third-party providers

MAXIMUM LIABILITY: Our total liability to you for any claims arising from these Terms or your use of our Services shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) €100.

GERMAN LAW EXCEPTIONS: Nothing in these Terms excludes or limits liability for:

- Death or personal injury caused by our negligence

- Fraud or fraudulent misrepresentation

- Any liability that cannot be excluded or limited under German law

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ViaVia and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

- Your use of our Services

- Your User Content

- Your violation of these Terms

- Your violation of any rights of third parties

- Your violation of any applicable laws or regulations

This indemnification obligation survives termination of these Terms and your use of our Services.

10. DISPUTE RESOLUTION

10.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflicts of law principles.

10.2 Jurisdiction

For disputes that cannot be resolved through negotiation or alternative dispute resolution, the courts of Munich, Germany shall have exclusive jurisdiction.

EU Users: If you are a consumer resident in the EU, you may also bring proceedings in the courts of your country of residence.

10.3 Online Dispute Resolution (EU)

The European Commission provides an Online Dispute Resolution (ODR) platform for EU consumers to resolve disputes with online service providers:

ODR Platform: https://ec.europa.eu/consumers/odr

We are willing to participate in dispute resolution proceedings before a consumer arbitration board.

10.4 Informal Resolution

Before initiating formal proceedings, please contact us at info@viavia.travel to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes amicably.

11. COMMUNICATIONS

11.1 Electronic Communications

By using our Services, you consent to receive electronic communications from us, including:

- Service announcements and updates

- Booking confirmations

- Account notifications

- Responses to your inquiries

These communications are part of your relationship with us and you may not opt out of service-related communications.

11.2 Marketing Communications

With your consent, we may send marketing communications such as:

- Newsletters

- Travel tips and recommendations

- Promotional offers

- Product updates

You may opt out of marketing communications at any time by:

- Clicking the "unsubscribe" link in emails

- Updating your email preferences in your account settings

- Contacting us at info@viavia.travel

12. THIRD-PARTY LINKS AND SERVICES

Our Services may contain links to third-party websites, services, or resources. We do not control and are not responsible for:

- Content, products, or services offered by third parties

- Privacy practices of third parties

- Terms and conditions of third parties

- Accuracy or reliability of third-party information

Your interactions with third parties are solely between you and the third party. We are not liable for any loss or damage arising from your use of third-party websites or services.

13. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. When we make material changes:

- We will update the "Last Updated" date at the top of these Terms

- We will notify you by email (if you have provided an email address)

- We will notify you through a prominent notice on our platform

Material changes will take effect 30 days after notification. Your continued use of our Services after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using our Services and may terminate your account.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by:

- Contacting us at info@viavia.travel with the subject line "Account Deletion Request"

- Following the account deletion process in your account settings (if available)

Upon termination:

- Your access to the Services will be revoked

- Your account data will be deleted in accordance with our Privacy Policy (within 30 days)

- Certain data may be retained as required by law (e.g., booking records for tax purposes)

14.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

- You violate these Terms

- You engage in fraudulent, abusive, or illegal activity

- We are required to do so by law

- We cease operating the Services

- Your account has been inactive for more than 12 months (with 30 days' notice)

14.3 Effect of Termination

Upon termination:

- All licenses granted under these Terms immediately terminate

- You must cease all use of our Services

- Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ViaVia regarding your use of our Services and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver by us will be effective unless made in writing.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

15.6 Language

These Terms are written in English. If we provide translations, the English version prevails in case of any discrepancy.

15.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and ViaVia only and do not create any third-party beneficiary rights.

15.8 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and ViaVia.

16. PRIVACY POLICY

Your use of our Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal data.

17. FEEDBACK

We welcome your feedback, comments, and suggestions. You agree that we may use any feedback you provide without any obligation to you and that all feedback becomes our property.

18. CONTACT US

If you have questions, concerns, or disputes regarding these Terms, please contact us:

ViaVia UG (haftungsbeschränkt)

Marchgrabenplatz 4

80805 München, Germany

Email: info@viavia.travel

Managing Director: Klemen Kocic

For legal inquiries, please use the subject line: "Legal/Terms Inquiry"

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By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.