GetYourGuide
Weighted across nine legal categories. Lower is worse.
Executive summary
GetYourGuide's Terms & Conditions present mixed consumer protection across its global user base. Non-US residents benefit from court access and reasonable liability limitations, but all users face unilateral account termination without appeal, broad company rights over user content, and expansive indemnification triggered by minimal fault standards. US residents face the most severe restrictions with mandatory arbitration, class action waivers, and liability capped at $500 or the booking amount, whichever is greater. The platform clearly separates its role as a booking intermediary from supplier liability, but this does not eliminate consumer harm from GetYourGuide's own policies.
Category breakdown
Acceptance of Terms & Scope
Contract formation and service boundaries
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.
Key findings
- Clear affirmative acceptance required at platform entry
- Well-defined scope covering websites and apps
- Regional terms appendices create complexity for users
- No explicit age verification or parental consent mechanisms mentioned
- 14-day withdrawal right available for non-US residents (Appendix A)
Evidence from the document
By accessing or using the GetYourGuide Platform, or downloading GetYourGuide Apps, you agree to be bound by and to comply with these Terms and Conditions
As soon as you use any portion of the GetYourGuide Platform, you are obliged to comply with these Terms and Conditions
These Terms and Conditions apply to all of our services, unless more specific terms apply to a service
Recommendations
- Review which regional terms apply based on your location before accepting
- For non-US residents, document the 14-day withdrawal right and use it if needed
- Understand that Suppliers provide activities, not GetYourGuide
- If under 18, ensure parent or guardian reviews terms
User Accounts
Registration, suspension, and termination
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.
Key findings
- Unilateral termination with only one week notice period
- No appeal process or opportunity to cure violations mentioned
- No data export or preservation guarantees before termination
- Users liable for all account activities regardless of actual control
- Deletion possible but data retention unclear
Evidence from the document
GetYourGuide may unilaterally terminate these Terms and Conditions, your GetYourGuide Account or your access to the GetYourGuide Platform at any time with a notice period of one week
You are responsible and liable for all activities conducted through your GetYourGuide Account
You must immediately notify GetYourGuide if you suspect that your credentials have been lost, stolen, or that your GetYourGuide Account is otherwise compromised
Recommendations
- Regularly backup any important information from your account
- Monitor account for unauthorized activity and report immediately
- Understand that GetYourGuide can terminate with minimal notice
- Keep records of bookings and communications outside the platform
- Request data export before any account issues arise
Intellectual Property & UGC
Content ownership and licensing
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.
Key findings
- Users retain ownership but grant non-exclusive, sublicensable worldwide license
- License scope includes modification, derivative works, and public display
- No attribution or credit requirements for GetYourGuide's use of UGC
- GetYourGuide can profit from ads displayed next to user content without sharing revenue
- Company can remove content at sole discretion
- Sublicensing allows third parties to use content further
Evidence from the document
you grant GetYourGuide a non-exclusive, sublicensable (through one or more tiers), worldwide, fully paid, and royalty-free license, in any and all media now known or later developed, to use, reproduce, adapt, translate, create derivative works of, modify, perform, publicly display
GetYourGuide, its affiliates, sub-agents, and their distribution partners may display advertisements and other information next to or together with User Content on the GetYourGuide Platform and other media. You are not entitled to any compensation for such advertisements
We may remove User Content as necessary, at our sole discretion
Recommendations
- Avoid posting sensitive personal information in reviews or photos
- Use watermarks or copyright notices on valuable photos before uploading
- Understand that GetYourGuide can sublicense your content to partners
- Do not expect attribution or compensation if your review is featured
- Screenshot or save reviews before posting in case of removal
Data Privacy
Data collection, usage, and protection
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.
Key findings
- Explicit GDPR compliance stated
- Separate Privacy Policy document referenced (not included in T&C)
- Data collection methods mentioned (SDKs, cookies, web beacons)
- Limited privacy controls detailed in main T&C document
- No specific opt-out mechanisms described in T&C itself
- Data handling for payment information mentioned but not detailed
Evidence from the document
We collect and process your personal data in accordance with the GDPR and other applicable laws
GetYourGuide may use automatic means (including, for example, cookies, SDKs, and web beacons) to collect information about your mobile device and your use of the GetYourGuide Apps
All information we collect through or in connection with the GetYourGuide Apps is subject to our Privacy Policy
Recommendations
- Read the full Privacy Policy at getyourguide.com/c/privacy-policy before providing personal information
- Review what data collection methods you can control through app/browser settings
- Understand that your data is shared with payment processors and potentially affiliate platforms
- Exercise your GDPR rights (access, deletion, portability) if in the EEA
- Regularly review privacy settings in your account
Payment & Subscriptions
Billing and subscription management
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.
Key findings
- Clear disclosure that price includes GetYourGuide commission
- 24-hour cancellation window for full refund; no refund within 24 hours
- Reserve-now-pay-later option available with specific terms
- Currency conversion fees possible for volatile currencies
- Refund gift cards expire after 3 years and are non-transferable
- No explicit mention of automatic renewal, which is positive
Evidence from the document
For cancellations made more than 24 hours prior to the start of the Activity: full refund of the Booking Price. For cancellations made within 24 hours prior to the start of the Activity, or in case of no-show: no refund
The Booking Price is payable immediately upon booking
These Gift Cards shall become void upon the expiration of 3 years from the end of the year the Gift Card was purchased in
Recommendations
- Book at least 24 hours before activity to retain cancellation rights
- Request refund in original currency to avoid conversion fees where possible
- Understand best price matching policy before booking at premium pricing
- If using reserve-now-pay-later, confirm your card will remain valid until activity date
- Check refund gift card balance before expiration
Limitation of Liability
Risk allocation and legal protection
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.
Key findings
- Non-US: Liability limited to foreseeable losses from breach of material obligations
- Non-US: Gross negligence and intentional harm excluded from limitations
- US: Liability capped at $500 or amount paid, whichever is greater
- US: All indirect, consequential, exemplary damages excluded
- US: Platform provided as-is with no warranties
- Both: Force majeure events excluded from liability
Evidence from the document
our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage arising from a negligent breach of a material contractual obligation
Nothing in these Terms and Conditions shall exclude or limit our liability for gross negligence, intentional injury, death, personal injury, or fraud
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IF GETYOURGUIDE IS HELD LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS...GETYOURGUIDE'S LIABILITY WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SUM PAID TO GETYOURGUIDE IN CONNECTION WITH THE ACTIVITY...OR (B) FIVE HUNDRED DOLLARS (US $500.00)
Recommendations
- If in non-US, review Appendix A for better liability protections
- If in US, understand your maximum recovery is likely $500
- Obtain travel insurance to cover losses beyond these limits
- Document all communications and issues for potential claims
- For high-value bookings, consider the inadequate liability cap
- Understand GetYourGuide is not liable for Supplier actions
Indemnification
Legal responsibility allocation
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.
Key findings
- One-way indemnification from user to GetYourGuide
- Covers intentional or negligent acts, non-compliance, and violations
- Includes broad category of third-party claims arising from user access
- No reciprocal indemnity from GetYourGuide to users
- No clear carve-out for GetYourGuide's own negligence
- Extended indemnified parties list includes affiliates, officers, agents
Evidence from the document
You agree to indemnify and hold harmless GetYourGuide, and the GetYourGuide Parties...from and against any and all losses, damages, liabilities, costs, and expenses, including reasonable legal fees arising out of or in connection with your intentional or negligent misrepresentation, act, or omission
your intentional or negligent non-compliance with these Terms and Conditions
claims asserted by third parties arising out of or in connection with your access to or use of the GetYourGuide Platform
Recommendations
- Understand you may need to pay GetYourGuide's legal fees for third-party claims
- Comply strictly with all terms to minimize indemnity exposure
- Obtain personal liability insurance if making significant bookings
- Avoid posting content that could trigger third-party claims
- Do not use automated tools or bots to access the platform
- Be aware indemnity obligations may survive account deletion
Modification of Terms
How agreements can be changed
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.
Key findings
- Changes permitted with notice described only as timely and appropriate
- No specific notice period defined (e.g., 30 days standard)
- Materiality determination made unilaterally by GetYourGuide
- Users can terminate if they object, but may lose prepaid fees
- No version history or changelog mentioned
- No archived prior versions available
- Dispute resolution terms can be modified (Appendix B arbitration section)
Evidence from the document
We may amend or adjust these Terms and Conditions in the future, for example, to reflect changes in the law, market conditions, or to address regulatory gaps. We will inform you of any such changes in a timely and appropriate manner
If you object, we or you can terminate your GetYourGuide Account or your access to the GetYourGuide Platform with immediate effect
It is your responsibility to check this page periodically for changes
Recommendations
- Register for email notifications from GetYourGuide to catch term changes
- Save a copy of current terms when booking paid activities
- If objecting to changes, terminate before changes take effect
- Use third-party term comparison tools if available
- Monitor your email closely after signing up for change notifications
- Consider whether prepaid value justifies staying if terms change unfavorably
Governing Law & Disputes
Jurisdiction and conflict resolution
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.
Key findings
- Non-US: Court access in Berlin, Germany; German law governs
- Non-US: European Commission online dispute resolution available
- US: Mandatory binding arbitration for all disputes
- US: Class action waiver - no class proceedings allowed
- US: Jury trial waiver
- US: Exclusive venue in Kings County, New York
- US: 30-day opt-out window for arbitration
- US: Pre-dispute resolution requirement (60 days good faith negotiation)
Evidence from the document
If your usual place of residence is within the EEA (European Economic Area), then the following applies: any dispute will exclusively be submitted to the competent courts in Berlin, Germany
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION
you may opt out of binding arbitration by following the Opt-Out Procedure...and mailing us a written notice, by the Opt Out Deadline. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the GetYourGuide Platform
Recommendations
- Non-US residents: Keep disputes local and simple to use Berlin courts if needed
- US residents: IMMEDIATELY opt out of arbitration within 30 days of first use
- US residents: Send written notice to Berlin address to opt out of arbitration
- US residents: Understand arbitration prevents class actions and jury trials
- US residents: Document all issues for potential arbitration claims
- US residents: For small claims (under $25k), benefit from reduced arbitration procedures
- Non-US residents: Use online dispute resolution platform for small matters
Ex-TerCo provides automated analysis of legal documents for informational purposes. This is not legal advice. Terms can change at any time.