The following Terms and Conditions replace their previous version.


Holidaymenow.com Greece , located at Santorini Cyclades 84700 Greece ("Holidaymenow.com" or
"us") operates an Internet booking platform accessible via the www.holidaymenow.com website,
related websites, affiliate and partner websites, apps, tools, platforms, or other facilities ("Platform").
The Platform allows tour operators, activity organizers, and ticket suppliers ("Supplier") to offer
sightseeing tours, leisure activities, and other tourism services ("Service(s)") to end customers
("Customer(s)
"), and to conclude contracts directly with Customers for such services. In addition to Customers, our
commercial sub-agents may also access the Platform to book Services from Suppliers.

Holidaymenow.com only provides the Platform to allow Suppliers to offer and to directly sell their
Services to Customers. Holidaymenow.com acts as a commercial agent authorized and appointed by
Supplier. Holidaymenow.com, through an intermediary agreement with a Customer, will facilitate the
purchase of Services from Supplier by that Customer; however, in no event shall Holidaymenow.com
be deemed a party to any agreement whereby a Customer purchases Services from Supplier.

 

1. Scope of Application of these Terms and Conditions

These terms and conditions (“Conditions” or “Contract”) govern the relationship between the Supplier
and Holidaymenow.com only. The relationship between Customers and the Supplier is not governed
by this Contract, but by the individual agreement entered into between Customer and Supplier. The
default agreement between Customers and Suppliers is the General Terms of Business accessible at
our website(“Default Supplier Terms”). If Supplier wishes to provide Services to Customers pursuant
to terms other than the Default Supplier Terms, Supplier must directly provide those terms to the
Customer. The relationship between holidaymenow.com and Customers is governed by
holidaymenow.com’s Terms of Business accessible at our website!
. The relationship between holidaymenow.com and its sub-agents is governed by separate
contractual agreements.

 

2. Registration of the Supplier

2.1 Upon registering on the Platform, the Supplier is entitled to offer his Services through the
Platform. In the course of registration on the Platform, the Supplier accepts the Conditions. By clicking
the “I Agree” button, he agrees that he has read, understood, and agrees to be bound by the
Conditions and that he represents and warrants that the individual entering into this Contract on the
Supplier’s behalf is duly authorized and empowered.

2.2 holidaymenow.com is not responsible for verifying the identity, authenticity, or credentials of the
individual entering into this Contract.

2.3 The Supplier shall offer and render his Services as an entrepreneur according to the relevant tax
regulations of the applicable Value Added Tax Act and the practices and requests of the tax
authorities. The Supplier shall enter into the relevant contract with Customers in the conduct of his
business or self-employed professional activity.

 

3. The Service provided by holidaymenow.com

3.1 Supplier authorizes holidaymenow.com, directly and indirectly through the use of sub-agents, to (i)
offer Services to Customers on Supplier’s behalf, (ii) conclude contracts with Customers in the name
of and on behalf of Supplier, (iii) collect payments from Customers for the Services. Supplier further
authorizes holidaymenow.com’s third party payment service provider (“Payment Service Provider”)
and any other third party authorized by us to process data required to permit the transfer of funds to
and from Supplier’s payment instruments or accounts, or as otherwise required in order to operate the
Platform.
3.2 holidaymenow.com facilitates the negotiation of the sale of Services between Customers and the
Suppliers by way of the Platform that contributes to increase the Supplier’s goodwill, promote the
Supplier’s Services, and generally encourage Customers to place orders with Suppliers.
3.3 To secure the quality of the offers, the responding rate and the customer service of the Suppliers
holidaymenow.com is entitled to appoint so-called “test shoppers” who are entitled to book a
Supplier’s offer up to 4 (four) times over the course of 1 (one) year. Test shoppers may only disclose
the fact that they acted as a test shopper after the booking has been finalized. In these cases of
finalized bookings of test shoppers the Supplier is obligated to pay back any booking fees to
holidaymenow.com. holidaymenow.com will provide the Supplier with detailed feedback on the
findings after the test booking.


4. Duties of the Supplier

4.1 The Supplier represents and warrants that all information with regard to his offer shall at all times
be true, accurate, and not misleading. The Supplier shall update the uploaded information as timely
as required for guaranteeing the accuracy of the information provided. The Supplier may be held
liable for all Customers’ claims based upon alleged inaccuracies of the uploaded information as
displayed on the Platform (such as information about Services or prices). The Suppliers are
responsible for the accuracy of the information in the language version as submitted by way of their
Supplier Account. To the extent the Supplier is aware or may be expected to be aware of any
inaccuracy in another language version of the uploaded information, the Supplier shall inform
holidaymenow.com immediately.
4.2 The Supplier represents and warrants that all Services shall only be rendered in compliance with
all applicable laws, in particular with the laws of the country of the Suppliers’ residence as well as in
compliance with all applicable laws of the country the Services are rendered in and not to violate any
rights of third parties thereby. The Supplier particularly warrants (a) to comply with any consumer
protection and other protection, information and consultation duties and regulations, and (b) to
dispose of all administrative and other permissions and licenses as well as insurances and the like
needed in the jurisdiction of the respective country for fulfilment of the contractual obligations and to

instruct its service partners according to these terms and conditions accordingly. Upon request, the
Supplier will provide respective evidence and documentation, including copies of permits and
licences. In the event of alleged non-compliance of the Services provided by the Supplier, the
Supplier shall without undue delay cooperate, at his own expense, with any administrative authorities
or competition/consumer protection associations.

4.3 The Supplier represents and warrants that he will provide Customers with all necessary
information for the execution of the Service (e.g. meeting point and time, clothing, equipment, etc.)
well in advance. The Supplier is required to check the e-mails stated in the Supplier Account at least
once per day. The Supplier is responsible for the inclusion of his individual general terms and
conditions, which go beyond the terms and conditions provided by holidaymenow.com for the contract
between the Customer and the Supplier.
.

4.4 The Supplier represents and warrants that all employed guides possess the legal allowances and
meet all necessary legal requirements, including professional qualifications and allowances. The
Supplier is fully responsible for the conduct of the guide with regard to Customers or other persons
who legitimately use the Services.

4.5 The Supplier may only offer his own Service via the Platform. The Supplier may not offer Services
as an intermediary or agent. To the extent the Supplier nevertheless acts as intermediary or agent he
shall be treated as contracting party and shall be held liable for any respective damages. The Supplier
needs to be prepared to perform the offered Service. It is not allowed to upload sham Services.

4.6 The rates, availability, amenities, and restrictions for your Service, and mandatory fees you make
available through the Platform have to be equal to or better than what you make available through
your own channels or any third party channels. Customers who book a Service through the Platform
will be treated at least as well as Customers that book through your own or any third party channels.

4.7 The Supplier shall contract a comprehensive general liability insurance which insures all Services
that are offered through the Platform. It is obligatory to agree upon an insurance sum that is
appropriate for the given booking volumes and risk. The general liability insurance also needs to
cover potential regress claims of holidaymenow.com. Specifications concerning the general liability
insurance must be documented electronically and shall be uploaded within the Supplier’s Account.
This includes: name and address of the General Liability Insurance, number of the insurance policy,
and the insurance sum. holidaymenow.com reserves the right to inspect the insurance policy upon
request and demand proof of payment for the insurance premium. The Supplier shall update such
uploaded information immediately for guaranteeing the accuracy of such information at any time.
4.8 The prices provided by the Supplier through the Supplier Account for his offers and Services shall
include and show separately VAT, sales taxes and such other applicable national, governmental,
provincial, state, municipal or local taxes or levies. It is not legitimate to ask Customers to pay any
further salaries, taxes, dues, commissions or cover other expenses, upon the execution of the
Service.

4.9 The Supplier is obliged to provide Customers with a proper invoice that complies with all
applicable tax requirements.
4.10 The Supplier is obliged to validate customer vouchers within a validation application (app) that
holidaymenow.com will provide on a cost free basis (“holidaymenow.com Redemption App”).
holidaymenow.com will inform the Supplier reasonably in advance once the holidaymenow.com
Redemption App has been launched. After the launch date any additional costs incurred by not using
the holidaymenow.com Redemption App for processing and validating customer vouchers have to be
borne by Supplier.
4.11 Supplier grants holidaymenow.com the right to change free of charge the date, the time or
language of Service as well as the number of persons attending the Service, up to two hours after a
Customer booked a Service, if other dates, times, or languages for the booked Service are available.


5. Booking Procedure

5.1 All visitors to the Platform will have the opportunity to view the offered Services without prior
registration. If the visitor is interested in a specific Service, he will make a booking and the Supplier
will be duly notified of such requested booking.
5.2 Manual Booking Processing (“On-Demand”)
Unless mutually otherwise agreed upon the Supplier has a timeframe of 24 (twenty-four) hours upon
receipt of the booking request in his e-mail inbox to accept the request. If the request is accepted, the
contract between the Supplier and Customers becomes effective and the booking is confirmed.
5.3 Automated Booking Processing (“Free-Sale”)
With Free-Sale booking enabled, bookings are automatically accepted and confirmed by the system.
The booking draws from a contingent, which is administered by the Supplier. An automated booking
takes place, as long as there are places left in the contingent. The Supplier shall keep the contingent
up-to-date at all times.
5.4 holidaymenow.com is not responsible for the accuracy and/or completeness of Customer-related
data.


6. The Supplier´s Booking Offers

6.1 The Supplier will enter the data of the Services into the Supplier Account. He is responsible for
ensuring that the provided information is always up-to-date. Revised, cancelled, or invalid Services
must be deleted immediately.
6.2 It must be clear from the Service description that the Supplier offers the Services in his own name
and in his own responsibility. The Services must be offered under the generally used company and
brand name. There must not be the impression, neither directly nor indirectly, that holidaymenow.com
is the Supplier of the Services, or that holidaymenow.com has tested the quality of the offered
Services or otherwise emphasizes their quality.
6.3 holidaymenow.com shall be entitled to give a discount on the Service price - at its own cost up to
the level of the commission - to members of a closed user group.


7. Displayed Content & Intellectual Property

7.1 The Supplier grants holidaymenow.com a non-exclusive, royalty free and worldwide right and
license (or sublicense as applicable):

7.1.1 to use, reproduce, have reproduced, distribute, sublicense, communicate and make available in
any method and display the intellectual property rights of and in the content submitted through the
Supplier Account pursuant to these Conditions and which are necessary for holidaymenow.com to
exercise its rights and perform its obligations under these Conditions;
7.1.2 to use, reproduce, have reproduced, process, distribute, sublicense, display and utilize
(including without limitation to publicly perform, modify, adapt, communicate, reproduce, copy,
translate and make available to the public in any manner whatsoever) the provided content.
7.2 holidaymenow.com may sublicense, make available, disclose and offer this content (including the
relevant intellectual property rights) of the Supplier and all such further rights and licenses set out in
this Contract via or in collaboration with (the websites, apps, platform, tools or other devices of)
affiliated companies and/or third parties.
7.3 In no event shall holidaymenow.com be liable to the Supplier for any acts or omissions on the part
of any third party platforms. The sole remedy for the Supplier in respect of such third party platforms
is (a) to request holidaymenow.com (which has the right and not the obligation) to disable and
disconnect with such third party platform, or (b) termination of this Contract, all in accordance with the
terms of these Conditions.
7.4 The Supplier is liable for any claim of third parties related to copyright infringements of content he
has provided to holidaymenow.com.


8. (Online) Marketing and PPC advertising

8.1 holidaymenow.com is entitled to promote the Services of the Supplier using the Supplier´s
name(s) in online marketing, including e-mail marketing and/or pay-per-click (PPC) advertising.
8.2 It is in holidaymenow.com´s sole discretion how to advertise the offers of the Supplier on the
Platform or on third party websites and in online affiliate networks, including but not limited to ranking
and promotion.
8.3 The Supplier is aware of the working methods of search engines, such as spidering of content and
ranking of URLs. holidaymenow.com agrees that if the Supplier becomes aware of behavior by third
party platforms breaching the Supplier´s intellectual property rights, the Supplier will notify
holidaymenow.com in writing with details of the conduct and holidaymenow.com will use its
commercially reasonable efforts to ensure that the relevant third party takes the necessary steps to
remedy the breach.
8.4 The Supplier agrees not to specifically target the holidaymenow.com brand directly through
keyword purchases that use holidaymenow.com's intellectual property rights.
8.5 holidaymenow.com runs online marketing campaigns at its own cost and discretion.


9. Responsibility for Content

9.1 The Supplier is responsible for content submitted through the Supplier Account, such as for
instance descriptions of Services, forum entries, etc. holidaymenow.com treats such content as
external content. holidaymenow.com also treats Customers content, such as forum entries, reviews,
etc. as external content and excludes liability.
9.2 If holidaymenow.com is notified about or detects content that does not comply with these
Conditions or any other legal provisions, holidaymenow.com may partially or fully delete this content
provided that the breach of such rules is not remedied by the Supplier within two days after our notice.
If the abusive content originates from a Supplier, holidaymenow.com is entitled to block access to or

delete the respective Supplier Account. holidaymenow.com will always consider the respective mutual
interests in the respective case before blocking or suspending a Supplier Account.
9.3 The Supplier may only upload content and data for which he owns the corresponding (copy)
rights. Such information must not abuse privacy rights of Customers, third parties, etc. and needs to
comply with the applicable competition laws and other legal requirements.


10. Cancellations

10.1 Unless agreed otherwise between the Parties, the Supplier is aware and consents that
Customers are entitled to cancel their booking free of charge up to 24 (twenty-four) hours before the
booked date of Service. There will be no payment received by the Supplier. If Customers cancel the
booked Services less than 24 (twenty-four) hours before the date of Service or within any other term
agreed on in advance between the Parties, or if the person for whom the Service was booked for
does not appear at the date of the Service, Customers are obliged to pay the full price of the Service.
10.2 In the event the Supplier cancels a booking for whatever reason he shall fully refund Customers,
unless otherwise agreed between the Supplier and Customer.
10.3 holidaymenow.com provides costly and intensive efforts to market Services to Customers.
Therefore, if Supplier unjustifiably or with negligence fails to deliver or cancels Services that have
been booked by Customers, Supplier agrees that holidaymenow.com may (i) make a full refund to the
affected Customer, and (ii) deduct the amount of the refund plus a contractual penalty from any
amount due Supplier hereunder. The contractual penalty shall be twenty percent (20%) of the gross
selling price of the Service on the Platform for each affected Customer. holidaymenow.com may, at its
sole option, forgo this contractual penalty, in whole or in part, if Supplier provides an alternative but
equivalent Service at the same date to the affected Customers.
10.4 In case of “Force Majeure”, which are circumstances beyond the Parties’ reasonable control,
including without limitation, natural catastrophe, war, act of terrorism, interruption of electricity and
strikes, either Party may suspend or end this Agreement. Furthermore, Supplier shall allow
Customers to return purchased tickets for a full refund if a force majeure situation occurs at the travel
destination, regardless of whether Supplier continues to provide Services during the affected period of
time. holidaymenow.com will process the refunds and transmit them to affected Customers. In the
event that Supplier cancels the Service due to the occurrence of Force Majeure, he must notify the
Customer Service of holidaymenow.com immediately.


11. Customer Complaints

Complaints or claims in respect of (the Service offered, rendered, or provided by) the Supplier or
specific requests made by Customers are to be dealt with by the Supplier as holidaymenow.com is
not responsible for and disclaims any liability in respect of such claims from Customers.
holidaymenow.com may at any time and at its sole discretion (a) offer customer (support) services to
a Customer, (b) act as intermediate between the Supplier and Customers, (c) provide - at the costs
and expenses of the Supplier – an alternative service of an equal or better standard in the event of an
overbooking or other material irregularities or complaints in respect of the offered or provided service,
or (d) otherwise assist Customers in their communication with or actions against the Supplier.


12. Commission Payment to GetYourGuide

12.1 Supplier agrees to pay holidaymenow.com a commission for the brokering of contracts with
Customers. The amount of the commission, which shall be separately agreed on by the Parties, is
understood to be plus any statutory value added tax. The commission will be deducted from the gross
amount charged to Customers as the sales price for the Service on the Platform in the agreed

currency. If no payment is credited to holidaymenow.com (e. g. revocation of credit card payment),
there will be no commission credited to holidaymenow.com.
12.2 The commission for holidaymenow.com will be billed on a monthly basis at the rates paid by the
Customers. Any taxes and other expenses that are to be paid by the Supplier will not be
compensated separately. Banking fees and other transaction costs are at the expense of the Supplier,
except those according to 14.2.


13. Credit Card Payments

13.1 The credit card payment of Customers will be collected when due. If a contract could not be
concluded by way of the Manual Booking Processing, the credit card payment will be reversed.
13.2 holidaymenow.com takes care of the Customers’ payment collection by way of a Payment
Service Provider and the received payments are directly transferred to the Supplier Account. You will
need to enter your bank account within your Supplier Account. It is at our sole discretion to choose a
Payment Service Provider. holidaymenow.com may not be held liable for Customers’ payments and is
not liable in case of incorrect or incomplete entry of the Supplier's bank account information into the
Supplier Account.
13.3 Should Customers cancel their credit card payment before the use of the booked Service or the
payment is not fulfilled for any other reason, holidaymenow.com will inform the Supplier immediately.
13.4 If a credit card payment is revoked after the fulfilment of the contract between the Supplier and
the Customer, holidaymenow.com will inform the Supplier. holidaymenow.com will inform the
Payment Service Provider about the reasons for withdrawal according to the particulars of the credit
card organization and ask the Supplier to comment within 5 (five) working days. holidaymenow.com
will forward this statement to the credit card organization.
13.5 holidaymenow.com is not obliged to take legal measures of any kind against Customers, who do
not pay for a certain Service or cancellation, or who revoke a credit card payment. holidaymenow.com
will transfer these claims, if any, to the Supplier, if possible.


14. Billing

14.1 The credit card and banking fees for Customers’ payments to holidaymenow.com are borne by
holidaymenow.com.
14.2 The credit card and banking fees for payment transfers to the Supplier will be borne, as follows:
• holidaymenow.com bears the cost for its own bank/credit card organization
• The Supplier bears the cost of his bank/credit card organization
14.3 The Supplier will be notified via e-mail once the payment of Customers for the Supplier’s Service
has been confirmed.
14.4 holidaymenow.com invoices its commission to the Supplier on the 5th (fifth) working day of each
month, taking into account all bookings that have been carried out during the previous month by way
of the Platform, and offsets the commission against with Customer’s payment. The remaining balance
as outlined on the credit note depicted on the invoice will be wired to the Supplier's bank account and
the Supplier will be notified by e-mail at the e-mail address indicated for accounting purposes in the
account information. holidaymenow.com processes payments on the 5th (fifth) day of every month
barring exceptional circumstances.

14.5 This invoice is the basis for any payment. The Supplier may raise any claim with regard of an
(alleged) inaccuracy of the invoice and credit note within a deadline of 30 (thirty) days. To the extent
no claim has been raised and accepted by holidaymenow.com the invoice and credit note is deemed
to be accepted.
14.6 You will be asked by holidaymenow.com to choose your preferred currency when uploading your
offer. holidaymenow.com will display your offer in this preferred currency and may choose in its
discretion to display the offers of the Supplier in additional currencies as well as to add a foreign
exchange charge fee. Payments to the Supplier will be executed in the preferred currency as
indicated in the uploaded offer.
14.7 holidaymenow.com bears the transaction fees. The amount transferred by holidaymenow.com to
the Supplier reflects the sum of the net prices of all considered booked Services. However, some
banks add fees for receiving international payments. These fees are solely at the Supplier's expense.
Due to bank transfer costs, holidaymenow.com may decide not to transfer amounts less than USD 50
or an equivalent amount in a different currency. If in a certain month the amount of USD 50 is not
reached, holidaymenow.com is entitled to postpone the payment until such an amount is reached.
14.8 holidaymenow.com is for any reason subject to taxes or expenses in the country of the Supplier
in relation to his Services, holidaymenow.com may terminate the cooperation with the Supplier within
3 (three) days. Such taxes or expenses may be deducted from the payments granted to the Supplier.


15. Taxes

The Supplier acknowledges that he is solely responsible for the accuracy of the tax rate information,
the identification of applicable taxes and any changes to the tax rates entered into the Platform. The
Supplier is responsible for accounting to the relevant tax authorities for any taxes applicable to any
amount received by the Supplier in consideration of the Services. If requested by holidaymenow.com,
the Supplier will promptly provide holidaymenow.com with valid tax invoices in respect of any
transactions entered into under these Conditions, where taxes are chargeable under applicable law.


16. Direct Messages

In order to exchange messages between Customers and the Supplier that are not meant for the
general public, holidaymenow.com offers the Direct Message functionality. Direct Messages are
exclusively meant for information concerning the Service offering and its execution. Personal
messages or messages not pertaining to the Service may not be exchanged through the Direct
Message functionality. Contracts and cancellations may not be executed or negotiated through the
Direct Message functionality. holidaymenow.com is explicitly entitled to monitor Direct Messages and
delete any which do not comply with these criteria.


17. Rules for Customer-related Communication

17.1 The Supplier may neither in his Service description nor in the forum or via a private direct
message refer Customers or sub-agents to his own external internet website, a third party
website/platform, or otherwise provide information to get in touch outside of the Platform.
17.2 The Supplier is required to handle all Customers’ inquiries, etc. received through
holidaymenow.com exclusively on the Platform. The Supplier will neither directly nor indirectly urge
Customers or sub-agents, who got in touch through holidaymenow.com, to book a service outside the
Platform. If prospective Customers or sub-agents, who got in touch through holidaymenow.com,
inquire to book a service outside the Platform, the Supplier will refer him to the Platform.


18. Review System

After the fulfillment of a Service, Customers have the opportunity to review a booked Service through
holidaymenow.com's review system. The aim of the review system is to create meaningful and
accurate feedback and the Supplier profiles in terms of performance, reliability, and trustworthiness.
These Profiles can be viewed by any Customer on the Platform. All content provided in this review
system is the exclusive content of holidaymenow.com. The Supplier is not allowed to publish reviews
on his own site/third party sites without the prior written consent of holidaymenow.com.


19. Data Protection

The Supplier agrees that he has in place and will maintain, or will establish and maintain, adequate
security procedures and controls to prevent the unintended disclosure of, and the unauthorized
access to or misappropriation of, any personal data or information of any Customer. Neither the
Supplier nor its affiliates shall either directly or indirectly, engage in any solicited or unsolicited
marketing, promotional, or similar communications with any Customer that has booked through the
Platform without such Customer’s consent. The Supplier will process, store, transmit, and access any
Customer-related information that includes payment information (including, without limitation, credit
card, debit card, or bank account information) in compliance with applicable law including, without
limitation, the data security rules of the Payment Card Industry Data Security Standard for protecting
credit and debit cardholder information applicable to the Supplier, and the EU Data Protection
Directive (and all laws promulgated thereunder), in each case as the same may be amended,
updated, replaced, or augmented. Upon holidaymenow.com’s request, the Supplier will provide
evidence that he has established and maintains technical and organizational security measures
governing the processing of personal data in accordance with this section.

20. Representations and Warranties

In addition to any other representations and warranties made by the Supplier in these Conditions, the
Supplier hereby represents and warrants that: (a) the Supplier has authorized the individual entering
into these Conditions on the Supplier’s behalf to take such action on the Supplier’s behalf, (b) this
Contract constitutes a valid and binding obligation enforceable against the Supplier in accordance
with its terms, (c) the performance of the Supplier obligations under these Conditions will not violate
any agreement or obligation between the Supplier and any third party, (d) the Supplier’s performance
under these Conditions will comply with the Conditions, (e) the Supplier holds all licenses, permits,
and authorizations required to make his service available for booking through the Platform and to
otherwise comply with the Supplier’s obligations under these Conditions, (d) the Supplier is the owner
of all intellectual property rights uploaded through the Supplier Account or authorized by the owner of
such rights to upload and license such rights through the Platform.

21. Liability of the Supplier and Indemnification

The Supplier agrees, at his expense, and on an after-tax basis, to indemnify, defend, and hold
harmless holidaymenow.com, each of its affiliates and any of holidaymenow.com’s or any of its
affiliates’ officers, directors, employees, or agents or holidaymenow.com’s third party distribution
partners against any third-party claim, action, loss, damage, expense or other liability (including
without limitation, attorneys’ fees and expenses) arising from or relating to (a) the Supplier’s Services,
(b) the performance of the Supplier’s duties and obligations under this Contract or any breach or
default by the Supplier under this Contract, including, without limitation, a breach of any

representation, warranty or covenant, or (c) any allegation that holidaymenow.com’s or any of its
affiliates’ use, reproduction, distribution or display of the Service information as permitted under this
Contract infringes or misappropriates the intellectual property rights of any third party. The Supplier
agrees to use a counsel reasonably satisfactory to holidaymenow.com to defend any indemnified
claim, and holidaymenow.com may participate in the defence or settlement of any claim at any time
using attorneys selected by holidaymenow.com. The Supplier also agrees not to consent to the entry
of any settlement or judgment without holidaymenow.com’s prior written consent, which will not be
unreasonably withheld by holidaymenow.com.

22. Limitation of Liability of holidaymenow.com

22.1 holidaymenow.com makes no representations or warranties regarding the Platform, including
any temporary or permanent interruption of the operation of the Platform.

22.2 holidaymenow.com bears no risk with respect to the number, frequency, or type of Services
booked through the Platform.

22.3 holidaymenow.com’s liability under the Conditions shall be restricted as follows:

1. holidaymenow.com shall be fully liable for losses caused intentionally or with gross negligence by
holidaymenow.com, its legal representatives or senior executives and for losses caused intentionally
by other assistants in performance; in respect of gross negligence of other assistants in performance
holidaymenow.com’s liability shall be as set forth in the provisions for simple negligence in (d) below.

2. holidaymenow.com shall be fully liable for death, personal injury, or damage to health caused by
the intent or negligence of holidaymenow.com, its legal representatives or assistants in performance.

3. holidaymenow.com shall be liable in accordance with the German Product Liability Act in the event
of product liability.

4. holidaymenow.com shall be liable for losses caused by the breach of its primary obligations by
holidaymenow.com, its legal representatives or assistants in performance. Primary obligations are
such basic duties which form the essence of the Contract, which were decisive for the conclusion of
the Contract and on the performance of which the Licensee may rely. If holidaymenow.com breaches
its primary obligations through simple negligence, then its ensuing liability shall be limited to the
amount which was foreseeable by holidaymenow.com at the time the respective Service was
performed.

22.4 holidaymenow.com shall be liable for loss of data only up to the amount of typical recovery costs
which would have arisen had proper and regular data backup measures been taken.
22.5 Any more extensive liability of holidaymenow.com is excluded on the merits.
23. Notices
All notices must be in English, in writing, and sent by facsimile or a nationally recognized overnight air
courier to the applicable facsimile number or address indicated above. holidaymenow.com may also
provide notice to the Supplier by electronic transmission. Notices are deemed, delivered and received
(a) if by facsimile transmission, upon successful facsimile transmission, (b) if by a nationally
recognized overnight air courier, upon delivery to holidaymenow.com by such nationally recognized
overnight air courier, or (c) if by electronic transmission, when directed to an electronic mail address
entered into the Supplier Account by the Supplier.


24. Term and Termination

24.1 The Contract is concluded for an indefinite period of time.
24.2 The Supplier and holidaymenow.com may terminate the Contract at any time and without cause.
A termination can be done automatically by using the appropriate function in the Supplier Account.
Remaining confirmed bookings shall be executed as planned.
24.3 If there are specific indications that a Supplier is culpably violating legal provisions, third party
rights, or the Conditions or if holidaymenow.com otherwise has a legitimate interest, particularly with
regard to protecting Customers or other Suppliers against fraudulent activities holidaymenow.com is
entitled to take one or more of the following actions taking into account the respective interest of the
Supplier in the respective case in a reasonable manner:
• Issue the Supplier with a warning;
• Delete the Supplier's offers or other content;
• Restrict the Supplier's use of the website;
• Temporarily or permanently exclude (block) the Supplier from the website;
• Contest and cancel existing bookings in the name of the Supplier without taking into account the
applicable cancellation policies, and reject Customers’ offers for the conclusion of a Contract in the
name of the Supplier.


25. Amendment

holidaymenow.com reserves the right to modify and impose new or additional terms and conditions to
this Contract at any time. holidaymenow.com will notify the Supplier with a message to his Supplier
Account about any changes in this Contract. If the Supplier does not accept such modifications or
new or additional terms and conditions, he may terminate this Contract upon written notice to
holidaymenow.com. The Supplier’s failure to exercise his right to terminate this Contract within 30
(thirty) days after notice of any modification or new or additional terms and conditions to this Contract
will constitute his acceptance of such changes.


26. Final Provision

26.1 No subsidiary agreement has been made. All alterations and amendments to this Contract shall
be made in writing to take legal effect.

26.2 If any provisions of this Contract are or become invalid or void, the validity of the remaining parts
of the Contract shall remain unaffected thereby. Invalid or void provisions shall be replaced by such
provisions that are suitable to achieve the same purpose in consideration of the interests of both
parties.
26.3 The claims of the Supplier resulting from this Contract may not be assigned or transferred to
third parties without the prior written approval of holidaymenow.com.
26.4 GetYourGuide is entitled to assign and transfer its rights and obligations resulting from this
contract to affiliated companies within the meaning of § 15 AktG.
26.5 This Contract shall be governed by and construed in accordance with the provisions of Greek
Law under exclusion of its conflict of law rules. The place of performance and exclusive legal venue
for any disputes arising from or in connection with the performed services shall be Athens provided
that the Supplier is a businessman or legal person under public law or has no place of business or
domicile in the Greek republic.