{"service":{"name":"trivago","url":"https://www.trivago.ie/en-IE/st/terms-of-service","lang":"ENG","sector":"Travel","hq":"Germany","hq_category":"EU","is_public":"Public","is_paid":"Free","date":""},"document":{"title":"","text":"Terms of Service\ntrivago is a hotel search and offers users information about different types of accommodation (such\nas hotels, holiday homes, etc.), travel areas and services associated with travel.\n1. Scope of Service\n1.1. These terms and conditions are subject to occasional changes and apply to all our services\nthat are directly or indirectly provided (i.e. via third parties) via the internet, on mobile devices, by\nemail or by telephone.\n1.2. By using our website, you confirm that you have read, understood and agree to these terms\nand conditions, as well as the privacy policy, including the use of cookies.\n2. Services and Contract\n2.1. On the trivago website, you have the ability to compare third party services via the trivago\nsystem.\n2.2. In addition, for some hotels, users have the possibility of booking the selected hotel through a\ndirect connection to the hotel booking sites (third parties) (‘trivago Express Booking’ Booking’ and\n‘trivago Book & Go’). As a result, the booking will be made directly on the hotel booking site and\nnot on the trivago sites. In such cases, trivago is not the travel operator or the contractual party for\nthe user, but only an agent providing the technical connection to the hotel booking site of a third\nparty. By making a booking on the website of the third party, users agree to be bound by the terms\nand conditions of that booking site. These terms and conditions can be viewed on the website of\nthe third party. Once a booking is made on the website of a third party, a contract is concluded\nbetween the booking site and the user, and therefore no contract is concluded between the user\nand trivago. trivago is no contractual party to the hotel booking and all and any claims of the user\nunder the hotel reservation are to be asserted against the third party (the booking site) and not\nagainst trivago. For the avoidance of doubt, bookings through trivago Express Booking or trivago\nBook & Go are not relevant bookings for the purpose of linked travel arrangements under the\nDirective (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on\npackage travel and linked travel arrangements.\n2.3. Furthermore, you may also search for travel destination products such as, e.g., tours, events,\nattractions, cruises and others on the trivago website. trivago does not provide, own or control any\nof the destination travel products, but the travel destination products are owned, controlled or made\navailable by third parties, either directly (e.g., a tour operator) or through a facilitator (e.g., an online\ntravel company) via a booking site. Bookings will be made directly with the third parties as set out\non the booking site. By making a booking on the website, you agree to be bound by the terms and\nconditions of that booking site. Once a booking is made on the booking site, a contract is\nconcluded between the booking site/third party and the user, and therefore no contract is\nconcluded between the user and trivago. trivago is no contractual party to the booking of a travel\ndestination product and all and any claims of the user under the reservation of the travel\ndestination product are to be asserted against the third party (the booking site) and not against\ntrivago.\n2.4. This agreement is not affected by any other agreements between the hotel or the travel\nproduct provider and users.\n3. trivago Community and Member Area\n\n3.1. Users have the option of joining the trivago Community (hereafter “Community”) and/ or\ncreating a member account within the trivago Member Area. Users who register for the Community\ncan publish self-generated content, as well as actively participate in the platform’s development via\nthe administrative functions. Unregistered users may read the content on trivago for free.\n3.2. Using the trivago Member Area users have the option to administer and store their searches.\nIn order to create the account users are being asked to provide personal information. Despite from\nthe Users name, no personal information is made visible. For further information please check our\nprivacy policy. By deleting the account any and all of the User’s data will be permanently removed.\n3.3. A user cannot register multiple times. The user is responsible for the accuracy and\ncompleteness of their personal information.\n3.4. The user is responsible for the confidentiality of their user account information, in particular\ntheir password. They are also responsible for the use of their account with regard to trivago and\nthird parties. The user should not divulge this data to the use by third parties.\n3.5. In the event of unauthorised use of the trivago services using the wrong username and\npassword, the registered user must notify trivago immediately.\n4. Privacy, Email Advertisements\n4.1. The protection of personal data provided by the user is of the highest priority for trivago. As\nsuch, trivago makes every effort to ensure compliance with data protection. For more information,\nplease read our privacy policy.\n4.2. trivago collects, processes and uses your personal data (hereafter “data”) only if we have\nobtained your consent or a statutory provision allows for the collection, processing or use of your\ndata.\n4.3. trivago will only raise, process and use data necessary for the provision of the services\nrendered by trivago, for the use and operation of the websites / apps and the services offered. For\nthe use of the ‘trivago Express Booking’ facility, the user expressly agrees to the processing of\nhis/her credit card data by trivago N.V., which may relay these to the hotel booking sites for\ncompleting the hotel reservation.\n4.4. If the user has agreed to receive information about trivago during registration for the\nCommunity or at another time using trivago’s services, the user will receive periodic product\ninformation. The consent may be revoked at any time by written communication or by email. The\nconsent to receive emails follows after the confirmation email from trivago is sent. By clicking on\nthe link in the email, you will be registered to receive newsletters.\n5. User Obligations\n5.1. The user is responsible for the acquisition of rights to the content (text, photos, reviews, links,\netc.) they upload to trivago. They ensure that they have all the rights in respect to the content they\npublish on the trivago platform and thereby do not violate the rights of any third parties.\n5.2. The user guarantees not to use the trivago services to create content that:\nis advertising disguised as reviews,\ndoes not have specific content for a reviewed item,\nis not objective or intentionally untrue,\nimmoral, pornographic or in any other way offensive,\ninfringes upon the rights of third parties, in particular copyright,\n\nviolates applicable laws in any way or constitutes a criminal offense,\ncontains viruses or other computer programmes that may damage software or hardware or that may affect\nthe use of computers,\nis a survey or chain letter,\nis aimed at collecting or using personal data from other users, especially for commercial purposes.\n5.3. The user guarantees not to use programmes or functions to generate automated page\nimpressions or content on trivago.\n5.4. If there is a breach in the terms and conditions, trivago reserves the right to remove content\nwithout declaration of reason, to withhold payments earned in the trivago Community and to\npermanently ban members from trivago. The right to prosecution of criminal acts remains\nunaffected.\n6. Termination\n6.1. trivago reserves the right to terminate a user’s access and to delete their registration within a\nperiod of one week after receipt of relevant information via email about improper use of the\nwebsite. The user may also terminate their own access and registration within the same period.\nThe right to immediate termination for good cause remains unaffected.\n7. Liability\n7.1. trivago is not liable for the accuracy, quality, completeness, reliability or credibility of content\nprovided by users and/or booking sites. In particular, there is no advice or information from trivago\nregarding the selection of accommodations or other travel products.\n7.2. All agreements that arise through this service are between the trivago user and the respective\nexternal contracting booking site. In particular, trivago does not act as organiser or travel agency at\nany time. The terms and conditions of the respective organiser or travel agency apply exclusively,\nespecially regarding the right to cancel and to withdraw. The contact for the processing of bookings\nand payments, as well as questions about the contract, is the respective contracting booking site.\ntrivago remains uninvolved in such contractual arrangements, agreements and claims between the\ntrivago user and the respective external contracting booking site.\n7.3. trivago does not verify the accuracy of content uploaded by booking sites or the members of\nthe Community. This content is provided by booking sites/Community for publication on our website\nwith reference to the respective hotel. trivago has no influence on this information (in particular\nimages, comments, reviews, etc.). The publication of user-generated content and reports on\ntrivago does not reflect the opinion of trivago, in particular, trivago does not claim this content as its\nown.\n7.4. In particular, hyper links, advertising banners, information about accommodations, travel\ndestinations or providers and the like are provided by booking sites and Community members and\ndo not represent recommendations or information from trivago. For technical reasons, no updating\nof the prices we receive from booking sites are done in real time. Therefore it is possible that the\nprice that appears on the booking site does not correspond to the price specified on the trivago\nsites. trivago does not guarantee the accuracy of information, in particular prices and availability.\n7.5. trivago is not liable for technical malfunctions for which the cause is not within trivago’s sphere\nof responsibility or for damages caused by force majeure. trivago does not guarantee uninterrupted\navailability of data and may perform technical maintenance during a freely chosen time period.\n8. Changes to the Terms and Conditions\n\nThe current terms and conditions when using trivago apply. Registered users receive notifications\nabout changes by email. Users may download and print the current terms and conditions on their\nown computer system.\n9. Applicable Law and Place of Jurisdiction\nThe laws of the Federal Republic of Germany apply. For business persons or individuals that do\nnot have general jurisdiction in Germany, Düsseldorf applies as the place of jurisdiction. Otherwise\nthe legal jurisdiction applies.\nThe German translation takes precedence.\n","paragraphs":null,"sentences":null},"annotations":[{"general_category":"Limitation of remedy clauses","name":"Limitation of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd","score":-1,"explanation":"Unlawful limitation of liablility for damages connected with the use of service, when the company limits its liability for at least one of the following: (a) personal injury or (b) non-performance against consumers or (c) intentionally caused damage"},{"general_category":"Limitation of remedy clauses","name":"Maximal threshold of company's liability","legal_ground":"Annex 1(a) Directive 93/13","code":"ltd_cap","score":1,"explanation":"There is no max amount of the damages possible to be claimed"},{"general_category":"Limitation of remedy clauses","name":"Limitation period","legal_ground":"art. 119 KC*****","code":"period","score":0,"explanation":"The ToS does not contain a clause described above"},{"general_category":"Limitation of remedy clauses","name":"No promises","legal_ground":"Article 8 Directive 2019/770","code":"as_is","score":-1,"explanation":"Presence of as-is clause. An \"as-is clause\" is a contractual provision that states that the work or product being provided by the developer or service provider is provided in its current condition, without any additional warranties or guarantees, except for those explicitly stated in the agreement. It serves to limit the developer's liability and makes it clear that the client accepts the work as it is."},{"general_category":"Limitation of remedy clauses","name":"Indemnification clause","legal_ground":"-","code":"indemn","score":1,"explanation":"Lack of indemnification obligation in ToS."},{"general_category":"Dispute resolution clauses","name":"Choice of law other than user's domicile","legal_ground":"Article 6 Rome I****","code":"c_law","score":-1,"explanation":"The ToS provides that a law other than the law of the user's habitual residence will apply to disputes arising in connection with the contract"},{"general_category":"Dispute resolution clauses","name":"Choice of forum other than user's domicile","legal_ground":"Annex 1(q) Directive 93/13","code":"c_forum","score":-1,"explanation":"The ToS provides that disputes arising in connection with the contract shall be resolved in a court of a different jurisdiction from that of the user's permanent residence"},{"general_category":"Dispute resolution clauses","name":"Mandatory arbitration","legal_ground":"Annex 1(q) Directive 93/13 + art. 385[3] pkt 23 KC","code":"arb","score":1,"explanation":"Lack of mandatory arbitration"},{"general_category":"Dispute resolution clauses","name":"Class action waiver","legal_ground":"-","code":"class","score":1,"explanation":"Lack of class action waiver"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of contract","legal_ground":"Annex 1(j) Directive 93/13","code":"contr_chg","score":-1,"explanation":"When the company reserves the right to change the contract without a valid reason (the ToS state the company can always change the contract)"},{"general_category":"Unilateral alteration clauses","name":"Unilateral change of service by the company","legal_ground":"Article 19 Directive 2019/770","code":"serv_chg","score":1,"explanation":"When the company reserves the right to change the service with a valid reason specified in the contract or does not reserve a right to unilaterally change it at all"},{"general_category":"Unilateral alteration clauses","name":"Account deletion and unilateral termination of contract by the company","legal_ground":"Annex 1(g) Directive 93/13***","code":"acc_del","score":0,"explanation":"When the company reserves the right to delete a user’s account without serious grounds but with a notice period or with serious grounds but without a notice period. "},{"general_category":"Unilateral alteration clauses","name":"Transfer of contractual rights to another subject","legal_ground":"Annex 1(p) Directive 93/13","code":"transfer","score":1,"explanation":"When the ToS allows for contractual rights’ transfer with user’s consent and while the consumer is also granted the ability to transfer contractual rights' or the ToS does not contain any provision allowing for the transfer of rights."},{"general_category":"Right to police the behaviour of users","name":"User content deletion","legal_ground":"partially inferred from Article 6 Directive 2019/770** & Article 17 DSA","code":"cnt_del","score":0,"explanation":"When a company reserves a right to delete only the content put in the service by the user that is illegal or violates Terms of Service "},{"general_category":"Right to police the behaviour of users","name":"Account suspension","legal_ground":"partially inferred from Article 6 Directive 2019/770 & Article 17 DSA","code":"acc_sus","score":1,"explanation":"When the company reserves the right to suspend a user’s account only with serious grounds and a notice period or does not reserve a right to suspend it at all"},{"general_category":"Regulatory requirements","name":"Internal complaint-handling system","legal_ground":"Article 17 DSA","code":"com_sys","score":-1,"explanation":"Lack of internal complaint-handling system that allow the user to file a complain on a decision made by the company concerning user's rights under the contract, before going to court or other institution. Information about a right to present the case to the court or other institution does not count."},{"general_category":"Regulatory requirements","name":"Retrieval of digital content by the user","legal_ground":"Article 16(4) Directive 2019/770","code":"cnt_retr","score":-1,"explanation":"Lack of clause ensuring the right to retrieve the digital content belonging to the the user after contract's termination."},{"general_category":"Various","name":"Excessive user content IP license ","legal_ground":"-","code":"IP","score":1,"explanation":"ToS contains an IP license to the content put in the service by the user that it states it is needed solely to perform the service or ToS lacks any IP license requirements"},{"general_category":"Various","name":"Discretional power to interpret the ToS","legal_ground":"Annex 1(m) Directive 93/13","code":"discret","score":0,"explanation":"Lack of discretional power clauses"},{"general_category":"Various","name":"Severability clauses ","legal_ground":"-","code":"sever","score":1,"explanation":"Lack of severability clauses "},{"general_category":"Various","name":"Right to incorporate user's feedback or suggestions without compensation","legal_ground":"-","code":"suggest","score":1,"explanation":"According to ToS, the company does not have a right to incorporate into the service user feedback or suggestions without compensation"}]}