Account management terms heavily favor GetYourGuide with minimal consumer protections. The platform can unilaterally terminate accounts with just one week advance notice and no stated appeal process. Users cannot transfer accounts and are held responsible for account security, but GetYourGuide provides no guarantee of data preservation or export before termination.
Dispute resolution terms dramatically differ by location. Non-US residents enjoy access to courts in Berlin, Germany, with German law governs and optional European Commission online dispute resolution. US residents face mandatory binding arbitration for all disputes, class action waivers, jury trial waivers, and venue in New York, subject to arbitration fees and extensive pre-dispute procedures. While arbitration includes some consumer protections (AAA rules, company pays arbitration costs for claims under $25k, 30-day opt-out), the mandatory nature severely restricts consumer access to justice.
The document provides very different liability protections depending on user location. Non-US residents (Appendix A) receive reasonable limitations excluding only negligent breaches of non-essential obligations, with clear carve-outs for gross negligence and willful misconduct. US residents (Appendix B) face far more aggressive limitations with liability capped at $500 maximum (or amount paid, whichever is greater) and broad exclusions of consequential damages, plus disclaimers of warranties.
The indemnification clause is one-way, requiring users to indemnify GetYourGuide and all GetYourGuide Parties from losses arising from user conduct. While triggers include some fault requirement (intentional or negligent acts, non-compliance, violations), the inclusion of claims arising out of or in connection with user access creates potential for expansive interpretation. GetYourGuide provides no reciprocal indemnification to users, particularly for indemnity claims caused by GetYourGuide's own conduct.
GetYourGuide reserves the right to modify terms at any time with notice that users describe as timely and appropriate, which is vague and lacks specific timeframes (30 days is absent). Users receive a termination right if they object to changes, but forfeiting prepaid amounts may be forced. Changes appear to apply prospectively, but this is not explicitly stated. No version history or change log is mentioned, making it difficult for users to track what changed.
Payment terms are relatively transparent regarding pricing and cancellation. The Posted Price includes commission, cancellation refunds are clear (full refund if >24 hours before activity, none if <24 hours), and payment methods are displayed. However, the T&C lacks detail on automatic price adjustments, renewal mechanics are unclear, and refund alternatives (gift cards) have restrictions.
Users technically retain ownership of User Content (reviews, photos) but grant GetYourGuide an extraordinarily broad, sublicensable, worldwide license to use, modify, and distribute the content indefinitely. No attribution is required when GetYourGuide uses content, and the company can display advertisements alongside user content without compensation. GetYourGuide reserves sole discretion to remove content.
GetYourGuide references GDPR compliance and maintains a separate Privacy Policy, suggesting reasonable data protection frameworks. The T&C mentions data collection through SDKs, cookies, and web beacons. However, the T&C itself provides limited detail about specific privacy controls, data minimization practices, or user rights, instead deferring to an external privacy policy document.
The document clearly requires affirmative acceptance by users accessing or using the platform. Scope is well-defined, covering websites and mobile applications worldwide. However, the document's applicability is complicated by its regional appendices, and there is limited guidance on age requirements for minors using the service.