General Terms and Conditions
of
The Perfect Tour
(June, 2023)
Subject, validity and Terminology
- These General Terms and Conditions (“GTC”) govern the business relationship between The Perfect Tour, with its registered office in Weggis, Switzerland, registered with the commercial register of the local court of Luzern! (hereinafter referred to as “The Perfect Tour”, “we” or “us”) and persons who use the The Perfect Tour application & Website defined below (hereinafter referred to as “Users”).
- In the following, the term “Application” includes the mobile and web applications offered by The Perfect Tour as well as websites together with the functions and content belonging to these, irrespective of the domains, systems, platforms and devices used.
- In the following, the term “Content” refers to all content and information posted by Users within the Application or otherwise transmitted to perfect Tour, such as images, videos, texts, links, information on persons, places, tours or other data.
- The term “Function” includes all individual services and areas in the Applications together with the Content belonging to these (e.g. the map display, upload of images, commenting on tours, etc.).
- The version of the GTC valid at the time of conclusion of a contract is authoritative. The Perfect Tour reserves the right to make changes to these GTC, as provided for in applicable Section. of these GTC. Terms and conditions that deviate from and/or exceed the GTC shall not become binding, unless The Perfect Tour expressly agrees to their validity in writing, whereby a lack of contradiction shall not constitute consent.
- These GTC apply to all Users, regardless of their place of residence. For Users residing in the USA, special provisions of these GTC shall apply in addition or supplementary, depending on their regulatory Content, which are identified by the prefix “For US Users”.
Age limit
- The Application may only be used by natural persons.
- Users must be of legal age and thus have reached the age of 18.
Services of the App and Web pages
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The application offers a range of features, including “AI Tour Planning” and “Tailor-Made Tours,” designed to create personalized travel experiences for specific scenic destinations across Europe, United States, Canada, Latin America, the Caribbean, Asia, and select other countries. Initially focused on these regions, the platform has the potential to expand globally in the future. The app also provides various membership options tailored to suit diverse user preferences.
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Users will be informed separately of the chargeable Functions and the amount of the costs and must expressly agree to their purchase. The purchase of the chargeable Functions within the respective app stores within which the Application is offered, in particular the Play Store from Google and the App Store from Apple ( can be seen in applicable section.), constitutes a so-called “In-App Purchase”. In the case of In-App Purchases, the contract is not concluded with us, but with the operator of the Play Store (Google) or with the App Store (Apple).
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The Functions offered within the scope of the Application include, among other things, the provision of road and landscape maps (hereinafter jointly referred to as “Maps”), for the creation and display of individual or already pre-planned tours with detailed route information (such as route profile, length of the respective tour, description of the tour in text and graphic form, photos and/or videos of the respectively individually created or selected tour), as well as acoustic and visual destination guidance within the scope of the respectively individually created or selected tour. In particular, The Perfect Tour offers the possibility of individual tour planning by the Users, the selection of tours already tailored to the User, as well as detailed route information related to the respective selected tour (such as route profile, length of the tour, textual tour description, photos and/or videos of the tour).
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Furthermore, the services include community Functions that allow Users to exchange information and share their Content with each other and the public.
Conclusion of contract and registration process with The Perfect Tour
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You can register in our app or through our website. To register, you can use your Facebook account, Google account, Apple account, or email address. When you sign in using your Facebook account, Google account, or Apple account, you authorize us to access or use certain account information. For more information about the information we collect from you and how we use it, please see our Data Privacy Policy
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You register by accepting these GTC and our Data Privacy Policy, and by confirming that you have read them, and by entering certain data (e.g. e-mail address, name) and selecting a password. When entering the data, you can check whether there are any input errors and correct them. You can also view and change your entries later in the settings of your User account.
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The provision of the registration option does not constitute a binding offer on our part to conclude a contract on the use of our Applications, but merely an invitation to submit an offer to us. By submitting the completed registration form, you are making a binding offer to enter into a contract with us for the use of the Applications (“User Contract”), which is subject to these GTC.
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Depending on the type of registration you have chosen, you will receive an email from us to verify your email address. To enable further steps, you need to click on the verification link in the email.
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If we accept your offer to conclude a contract, we will activate you for the Functions of the Application that require registration. With the activation of the Functions, the contract between you and The Perfect Tour is concluded and binding for both parties. This contract relates to the use of the Application and is free of charge for the User.
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By registering, you assure that you are legally competent to conclude binding contracts, that all information provided by you during registration are true, that you are responsible for the correctness and completeness of this information also in the future and that your use of the services of The Perfect Tour does not violate applicable law.
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You can only register for one User account. User accounts may not be disclosed to third parties. You are responsible for keeping your User account and password secret, restricting access to your device and informing The Perfect Tour immediately upon becoming aware of any unauthorized use of your User account.
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If the registration process is not completed in full, The Perfect Tour is entitled to irreversibly delete the incompletely registered account including all information provided by the User up to that point.
o There is no entitlement to registration for the use of the Functions and Contents that require a registration. Therefore, The Perfect Tour reserves the right, in compliance with the legal requirements for equal treatment of Users, to refuse a requested registration by notifying the User accordingly without giving reasons.
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The contract text is not stored by The Perfect Tour.
Fee required offers and Premium-Membership
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The use of some Functions of our offers requires the conclusion of a Premium Membership in the form of a subscription or the purchase of certain Function packages. The provision of the option to purchase corresponding fee required offers or to conclude a Premium-Membership does not constitute a binding offer to conclude a fee required contract on our part. To make a legally binding offer to conclude a paid contract on your part, select the relevant product in our app or on our website and add it to the virtual shopping cart. Follow the further instructions. To complete your purchase, you will first be redirected to an order overview page where you can correct any input errors. If the shopping cart is correct, you make a binding offer to conclude a contract with us for the use of the selected chargeable function by clicking on the button “Agree and subscribe”, which we accept with the activation of corresponding functions. With the conclusion of the contract for the Premium Membership, the free of charge User Contract is transformed into a fee required User Contract. The purchase of individual Function packages does not affect the rest of the User Contract.
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Please note that when you purchase fee required offers through the Apple App Store or our iPhone app, the payment processing is done through Apple and is therefore subject to Apple’s applicable payment policies, which may not provide for refunds. The purchase is final and we also do not provide refunds unless you exercise your right of withdrawal of these GTC. If you make a fee required purchase of a feature pack or subscription via a Premium-Membership through the Google Play Store, your purchase is subject to Google’s applicable payment policies, which may not provide for refunds. The purchase is final and we do not provide refunds unless you exercise your right to cancel as described in applicable section. of these GTC. If you purchase fee required offerings through our subscription partners just mentioned, the terms and conditions of those partners (supplementary to these GTC) may apply and the payment and management of the subscription may be handled by the partners.
Change of the scope of services of The Perfect Tour
- The further development of the Application is an essential part of the range of services offered by The Perfect Tour. The further development includes, among other things, the adaptation to the technical and legal progress and consideration of the requirements of the Users for the use of the Application.
- Within the scope of further development, The Perfect Tour may change the Application as well as its Functions without this constituting a defect, provided this is reasonable for the User and the achievement of the purpose of the contract is not jeopardized by this. In the case of Users who are consumers, this applies in the case of chargeable services if
- ▪ the change is made for the benefit of the User;
- ▪ the amendment serves to bring the services into compliance with the applicable law, in particular if the applicable legal situation changes;
- ▪ the change serves The Perfect Tour to comply with mandatory judicial or regulatory decisions;
- ▪ the respective change is necessary to close existing security gaps;
- ▪ the change is of a purely technical or procedural nature without any significant impact on the User.
- Changes with only an insignificant influence on previous Functions do not constitute changes in performance in this sense. This applies in particular to changes of a purely visual nature and the mere alteration of the arrangement of Functions.
- The scope of services of the Application and the offer of The Perfect Tour , which include software features, The Perfect Tour offers further benefits to Users on a voluntary basis, referred to as “Added Values”. Added Values can be, for example, bonus programs, more favorable tariffs or access possibilities to services of partners. The Added Values can be provided according to the type of membership or use of the Application (e.g. depending on tariffs or selected languages). The Perfect Tour points out that the offer of Added Values can be discontinued and terminated at any time. Likewise, The Perfect Tour points out that the services offered within the scope of the Added Values are provided by their respective providers and the further legal relationships in connection with the use of the Added Values are exclusively established between the Users and the providers of the Added Values. In particular, The Perfect Tour does not bear any performance or warranty obligations with regard to these legal relationships.
Time availability
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The User acknowledges that The Perfect Tour cannot technically guarantee a temporally uninterrupted availability of its own website, the Applications of third parties and/or the individual Applications of The Perfect Tour (e.g. the recording of position data by means of GPS, visual and acoustic guidance, evaluation of sensor data) and the User has no claim against The Perfect Tour for such permanent availability. In particular, The Perfect Tour reserves the right to restrict or temporarily suspend its Applications for maintenance, security or capacity reasons at its own discretion.
Specifications for Content and duties of Users
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The Perfect Tour is not responsible for the Content of the Users and does not adopt this Content as its own.
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The Perfect Tour reserves the right, within the scope of the legally permitted possibilities and taking into account what is reasonable for the User, in particular taking into account the data protection rights and personal rights of the Users, not to publish Contents or to cancel their publication or to otherwise block or delete the Contents if there are concrete objective indications that the Contents violate legal requirements, official prohibitions, rights of third parties or offend common decency. However, The Perfect Tour is not obliged to check the Contents in advance.
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The User undertakes not to publish or forward any Content that is illegal, in particular racist, pornographic, insulting or defamatory or that violates the rights of third parties, in particular copyrights or rights of use under copyright law. Accordingly, the User is fully responsible for all Content that he publishes and distributes via the platform of The Perfect Tour.
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If Users upload images on which one or more persons are recognizable, their use is only permitted insofar as the consent of the third party or parties has been obtained or is permitted by law.
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If a User is notified or otherwise becomes aware that his Content violates applicable laws, he must immediately remove this Content from the platform of The Perfect Tour.
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If Users can contact other Users within the Application, the contacted Users must not be harassed (for example, by advertising, sexually connotative requests or repeated requests in the absence of a response or expressed desire not to be contacted).
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For United States users: Under the Federal Communications Decency Act of 1996, The Perfect Tour is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content made available on the application.
Right of use and scope of use
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The Perfect Tour points out that the Users may only use the Application for the individual contractual purposes.
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Furthermore, Users are not entitled to rent, lend, lease, sell, modify or make the Application accessible to third parties in whole or in part in any technical form or to enable third parties to perform the aforementioned actions without the explicit written consent of The Perfect Tour. The aforementioned prohibitions are subject to mandatory legal requirements. Sublicenses may not be granted.
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It is not allowed to share the Application with more than one person, e.g. by exchanging or otherwise distributing the access data among Users. This also applies if the Application is used by the persons at different times. In case of sufficiently certain knowledge of multiple use of the Application, we reserve the right to block the User account. The User may object to the blocking.
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Users may only use the Application via the input masks and interfaces provided (e.g. tours may only be transferred from the Application to other devices via the export Functions provided). Actions that are likely to impair the functionality of the Application, software and infrastructure (e.g. scripts, robots, crawlers) are prohibited. In particular, excessive load that exceeds the regular usage intensity and frequency expected during normal use of the Application is prohibited.
Exemption
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Users shall indemnify The Perfect Tour against all claims asserted by third parties against The Perfect Tour due to an infringement of their rights, provided that these claims are based on a breach of duty by the User.
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The Perfect Tour shall not be held liable for any legal claims, damages, or costs arising from the User’s actions or content. The User shall bear all costs associated with any legal defense, including attorney’s fees and court costs, in the event that The Perfect Tour is required to defend itself against such claims. This includes, but is not limited to, claims related to infringement of laws, regulations, or third-party rights caused by the User’s conduct. The Perfect Tour will not indemnify or compensate the User under any circumstances, even if the User is not directly responsible for the infringement.
Granting of rights of use by Users
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The subsequent granting of rights is non-exclusive, i.e. Users continue to retain their rights to their Content.
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The Users allow The Perfect Tour to use their legally protected Contents free of charge, insofar as this is necessary for the contractual provision of the contractual services of The Perfect Tour. This permission includes in particular the right to reproduce the Contents of the Users and to make them publicly accessible in order to store them on the servers of The Perfect Tour, to create server backups or to make them accessible to other Users within the scope of sharing Functions.
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The aforementioned right of use is granted free of charge, unlimited in time and place, non-exclusive and extends to all currently known types of use and includes, as far as technically applicable, reproduction, distribution, digitization, exhibition, presentation, broadcasting, making available to the public, public reproduction by means of image/sound/data carriers, storage in databases as well as analog and digital use.
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The Perfect Tour may commission third parties to exercise the aforementioned rights of use within the legally permissible scope (e.g. when commissioning a subcontractor).
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The Content of the Users may be edited or redesigned while respecting the personal rights (e.g. texts may be reproduced in abbreviated form as teasers).
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Furthermore, The Perfect Tour shall only exercise the rights of use in compliance with the contractual and statutory confidentiality and data protection requirements as well as rights of objection.
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Furthermore, the Users grant The Perfect Tour the non-exclusive, temporally and spatially unrestricted right to reproduce, distribute, publish, otherwise process, use and utilize the tour data generated by them, such as location and movement data on routes as well as information on locations in anonymous form, even after termination by the Users, or to transfer it to third parties free of charge or subject to a fee.
Selection of Tour and User responsibility:
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The User bears the sole responsibility for the selection of the respective tour and the driving of the respective tour in accordance with the aforementioned conditions.
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The User is aware that the driving of a tour individually created by them or a selected tour depends significantly and primarily on their personal driving skills, the respective means of transport used, and a range of internal and external influences, including, but not limited to, weather conditions, traffic situations, road conditions, mechanical reliability of the transport, availability of fuel or charging stations, physical and mental condition of the User, emergency situations, Force Majeure and actions of other road users. The Perfect Tour shall not be held liable for any delays, accidents, or issues arising from these factors, as they are beyond the control of The Perfect Tour.
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Accordingly, the User is obliged to ensure that
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▪ the User has sufficient physical and mental capacity to ride the tour selected by him/her on the motorcycle, two-wheeler or other vehicle used by him/her;
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▪ the equipment carried by the User is suitable for riding on the tour selected by the User;
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▪ the prevailing weather conditions allow the tour selected by the User to be taken without any risk to the life, limb and health of the User that exceeds the usual risk in road traffic, taking into account the special dangers for motorcyclists;
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▪ The Perfect Tour makes no guarantee that the information provided about the route or current location is error-free. While efforts are made to provide accurate and up-to-date information, the User acknowledges that such information may be subject to inaccuracies, delays, or changes due to factors beyond the control of The Perfect Tour, including but not limited to technical issues, external data sources, or real-time conditions. The Perfect Tour shall not be held liable for any consequences arising from the use of this information.
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▪ the use of visual and acoustic route guidance or navigation is only permitted according to the relevant applicable rule.
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▪ the recording of sensor data by the terminal device used by the User may require a corresponding mount on the respective vehicle, whereby the User must observe the technical specifications and manufacturer’s specifications as well as legal requirements.
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The User is also aware that individual tours proposed by The Perfect Tour may – for whatever reason – ]be subject to temporary or longer-lasting closures (e.g. by the local authorities due to natural events, traffic disruptions of any kind, etc.) or that the navigability of individual tours or tour Sections may be restricted, for example due to bad weather conditions. It is therefore the sole responsibility of the User to inform himself about local (official) directives, the closure of a tour, natural events, traffic disruptions or the (safe) navigability of the respective route and to adjust his behavior accordingly.
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The Perfect Tour does not assume any warranty for the Contents that are entered by the Users or other third parties into the system of The Perfect Tour or are forwarded via this and are publicly accessible or can be called up by other Users via the websites of The Perfect Tour or third parties including the end devices connected to this (e.g. cell phones). In particular, The Perfect Tour also does not guarantee that the Content provided by a User for the use by other Users is accurate and complete. The use of the Content of third parties may under certain circumstances be subject to additional terms and conditions, which the User can view in each case.
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The following provisions on the liability of The Perfect Tour shall remain unaffected by the aforementioned provisions of this Section.
Liability of The Perfect Tour
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The Perfect Tour app offers perfect tour planning with its real-time route suggestions and personalized assistance while you are exploring and experiencing scenic roads and tracking mountain passes.
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However, in order to protect its interest and ensure transparency to its users, the AI-based navigational app also establishes the scope and limitations of its liability towards itself and users alike.
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While using The Perfect Tour’s services, the users agree to the terms of liability, which are applicable regardless of the users’ geographic location or the contract’s jurisdiction. These terms ensure that The Perfect Tour operates in a fair, lawful, and limited-liability manner across all regions.
Scope of Services
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While “The Perfect Tour” helps its users with AI-based and tailormade route recommendations, scenic travel itineraries, and related travel information based on users’ inputs, all these recommendations are informational and offered “as is” without guarantees of accuracy, safety, or suitability.
General Disclaimer of Liability:
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The Perfect Tour and its affiliates, officers, directors, employees, agents, or partners (collectively referred to as “The Perfect Tour”) shall not be liable for any damages, losses, or claims arising (directly or indirectly) from the use of its tour planning services. This disclaimer is/will be applicable to all the users, using The Perfect Tour app, irrespective of the country of residence or use.
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The Perfect Tour, thus, being merely a facilitator, shall not be held liable for the following:
- Personal injury, sickness, accident, death, loss, delay, discomfort, increased expenses, incidental, consequential loss and/or damage, or any kind of theft howsoever caused to the User or any person traveling with them.
- Any act, omission, or default of any travel agent or any other person or by any servant or agent employed by them who may be engaged or concerned to provide refreshment, accommodation, carriage facility, or service for the User or any person traveling with him /her.
- The temporary or permanent loss of, or damage to, baggage or personal belongings howsoever caused including willful negligence on the part of any person or due to an act of god.
- Any delay caused due to the delivery of the service by the concerned service providers.
- Failure on the part of any service provider to accommodate passengers despite having confirmed tickets for any reason whatsoever including overbooking, change of route, etc., or failure caused by the hotel to allow check-in despite confirmed booking for whatever reason.
- Any claims of any dispute with the tour manager.
- Any claim arising from the delay at the airport and if the User has to wait at the airport or the hotel for check-in due to any technical snag or any other reason not attributable to it, The Perfect Tour shall not be held liable for making any arrangements, including but not limited to food or any hotel arrangement in case of such delays.
- Any damages caused to the User, which is beyond the control of The Perfect Tour.
Health and Safety
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Fitness to Drive: Users are responsible for ensuring they are physically and mentally fit to drive. This includes refraining from driving under the influence of alcohol, drugs, or any other substance that may impair judgment.
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Users must ensure that their vehicle is roadworthy and appropriate for the recommended routes.
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Passenger Safety: Users must ensure the safety of all passengers by adhering to vehicle capacity limits and using proper safety equipment, such as seat belts, vehicle conditions, and brakes.
Driver Responsibility
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Users are solely responsible for ensuring compliance with all applicable traffic laws, vehicle maintenance, and the safe execution of their travel plans.
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Users must beforehand assess whether a recommended route is appropriate for their driving skills, vehicle type, and road conditions.
No Liability for Accidents or Damages
The Perfect Tour is not liable for any harm or damages that may occur while using its application/website, which includes but is not limited to the following claims:
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Accidents, injuries, or fatalities caused by its suggested routes, passengers, or third parties.
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Damage to vehicles, property, or third parties arising from travel undertaken through its App.
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Any vehicle damage resulted from following its suggested routes or itineraries.
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Losses caused by accidents, delays, or route changes, including repair costs, fines, or additional expenses.
Force Majeure
The Perfect Tour is not liable for disruptions or incidents caused by events beyond its control, such as:
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Natural disasters like floods, landslides, storms, or earthquakes.
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Road closures, detours, or infrastructure damage caused by construction or maintenance.
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Traffic delays resulted from accidents, political unrest, or strikes.
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Sudden changes in weather conditions impacting route safety.
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Government-imposed travel restrictions, pandemics, or supply chain disruptions
Responsibility for User Actions:
Users are solely responsible for:
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Complying with local laws and regulations.
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Ensuring the accuracy of the personal and payment information provided.
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Consequences of their actions while using the app, such as sharing of personal content or data.
User Agreement
While using The Perfect Tour app, users:
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Acknowledge that they are undertaking the trip at their own risk and discretion.
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Agree to release “The Perfect Tour” and its affiliates from any claims, liabilities, or expenses arising from its use and services.
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Take full responsibility for all travel decisions made by them based on the app’s recommendations.
Prohibited Activities
Users are prohibited from:
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Altering, reverse engineering, or misusing the app.
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Engaging in fraudulent or harmful activities.
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Sharing misleading reviews or information about The Perfect Tour.
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Unauthorized commercial use of the app (e.g., selling access to the app’s data or features).
Third-Party Services
The Perfect Tour app may provide suggestions or links to third-party services, however:-:
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Users must conduct their due diligence before engaging with any recommended third-party providers.
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These services are offered for the user’s convenience and do not constitute an endorsement or guarantee of quality, safety, or reliability.
The Perfect Tour is further not liable for:
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Any disputes, accidents, or damages arising from the use of these third-party services
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Changes in service availability, pricing, or quality.
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It does not endorse, control, or assume liability for any third-party services, content, actions, or omissions.
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It does not endorse or guarantee the quality, safety, or reliability of the third-party services.
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It is not responsible for any disputes, losses, or damages arising from the use of such third-party services.
No Real-Time Updates
The Perfect Tour app does not provide live updates regarding road closures, weather conditions, or traffic. Users themselves are responsible for the verification of real-time information on their own.
Indemnification Clause:
Users agree to indemnify, defend, and hold harmless The Perfect Tour app/website, including its affiliates, directors/CEOs/employees and vicarious agents or any other stakeholders from any claims, losses, damages, liabilities, or expenses (including attorney’s fees) arising from the following:
- Misuse of the application or services.
- Violation of applicable laws or regulations.
- Breach of any term or condition of this agreement.
- Third-party claims arising from user actions.
Amendments to Disclaimer
The Perfect Tour reserves the right to modify this Disclaimer at any time. Continued use of its application/website after updates constitutes acceptance of the revised terms.
Recommendation for Users:
The Perfect Tour encourages users to:
- Maintain up-to-date insurance policies, including travel and health insurance.
- Exercise caution and comply with safety regulations during tours and activities.
- Regularly review the Terms and Conditions for updates or amendments.
Binding Arbitration and Waiver of Certain Rights:
Any disputes arising from or related to the use of The Perfect Tour app services shall be resolved through binding arbitration, as permitted by the applicable law. Users waive their rights to a jury trial or participation in a class-action lawsuit.
Telecommunication and GPS Reliance
The Perfect Tour app may use real-time GPS tracking, internet connectivity, or wireless communication networks.
Users acknowledge that:
- Communication interruptions or inaccuracies caused by network outages, signal loss, or device malfunctions are beyond our control.
- Any errors, delays, or failures in navigation or route recommendations due to these factors.
- Hardware failures or app updates with their devices may impact the performance of The Perfect Tour.
Data Loss or Security Breach:
The users of “The Perfect Tour” are advised to maintain independent backups of their critical and crucial data as the company is not liable for any loss or breach of data caused by the malicious activities of cybercriminals, security breaches, spyware/malware, phishing attacks, ransomware, or unauthorized access through the users’ negligence or any other third-party pernicious software.
Privacy and Data Use
While “The Perfect Tour” complies with all applicable privacy regulations and takes reasonable measures to protect users’ data, users acknowledge and agree that:
- Data transmissions over communication networks are not completely secure. Hence, we are not liable for unauthorized access, hacking, or breaches arising from vulnerabilities in third-party systems.
- We collect and process the users’ data as per our Privacy Policy. While taking advantage of the service, the users consent to the collection and use of their information as outlined therein.
- Detailed information regarding our data practices is available in our Privacy Policy.
Intellectual Property
All content provided by The Perfect Tour, including text, images, logos, and software, is the intellectual property of “The Perfect Tour”. Their unauthorized use or duplication is strictly prohibited.
Termination of Use
We reserve the right to terminate or suspend access to our services for any reason, including violations of these Terms.
No Guarantee of Suitability
The Perfect Tour services are provided “as is” and “as available” without any guarantees of suitability, accuracy, or fitness for a particular purpose. Users are encouraged to verify all information and ensure compatibility with their vehicles, driving skills, and local conditions.
Global and Regional Compliance
The Perfect Tour complies with all applicable regulations, irrespective of its users’ geographic location or the jurisdiction governing the contract. Users are responsible for ensuring that the app’s use aligns with the laws and regulations of their respective regions, acknowledging that its operation may be subject to varying regulatory standards worldwide.
Refund Policy
The Perfect Tour is liable only for the refund of ” Tailor-Made Tours,” customized according to the user’s requirements.
Jurisdiction and Governing Law
- Users of The Perfect Tour expressly agree to submit to the jurisdiction of the courts of Canton Lucerne, Switzerland, for the resolution of any disputes. This agreement to jurisdiction ensures consistency and uniformity in the interpretation and enforcement of the company’s terms, regardless of the user’s location.
- All claims, disputes, or legal issues arising from or related to the use of The Perfect Tour’s services, applications, or content shall be governed by and construed in accordance with the laws of Switzerland.
Warranty
The Perfect Tour endeavors to keep the Application available as constantly as possible. However, the User acknowledges that a 100% availability of the Application cannot be realized technically. In particular, maintenance, security, or capacity concerns as well as events that are not within the control of The Perfect Tour (such as disruptions of public communication networks, power failures, etc.) can lead to short-term disruptions or temporary inaccessibility of the Application
Sanctions
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Since the integrity and functionality of the Application is of essential importance, sanctions will be imposed on Users if and to the extent that there are concrete indications that Users violate legal regulations, the rights of third parties, morality and/or these GTC.
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When choosing the sanction to be imposed, The Perfect Tour will take the factual circumstances and legitimate interests of the affected User in the decision into account and also, among other things, whether the misconduct is only without fault or whether the violation was culpably committed.
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The following graduated sanctions are available to The Perfect Tour:
▪ deletion of Content.
▪ warning of a User.
▪ on/restriction when using the Application.
▪ temporary blocking of a User.
▪ final blocking/termination of a User, if necessary combined with
▪ a ban from the house.
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The provisions on the right of termination of The Perfect Tour made under the following Section remain unaffected.
Termination of the contract of use, termination
- The registered User is entitled at any time to terminate the contract concluded with The Perfect Tour for the use of the Applications.
- The Perfect Tour, on the other hand, is only entitled to an ordinary termination of the User Contract concluded with the User concerned subject to a notice period of two weeks. This does not affect the right of The Perfect Tour to extraordinarily terminate the User Contract concluded with the User concerned with immediate effect if there is an important reason. An important reason for the extraordinary termination on the part of The Perfect Tour is, for example, given if The Perfect Tour has obtained knowledge that the User concerned has behaved or is behaving in an illegal manner when using the platform of The Perfect Tour, in particular has placed Content in the system of The Perfect Tour which infringes the property rights of third parties and/or has registered with several profiles.
- The termination must be made at least in text form. The deletion of the Application from the User’s device does not constitute a declaration of termination.
- We would like to point out that Users can give notice of termination directly in their profile area in the Application or on the website. If the User has to provide proof of the effectiveness of the termination or if the use of electronic options is not reasonable, they have the option of terminating the contract in text form.
- It is the responsibility of the Users to back up their data before the end of the contract in the event of termination. The Perfect Tour is entitled to irretrievably delete all User data stored during the term of the contract.
- With the termination, all personal Content of the Users will be deleted. Shared Content or comments are excluded out of consideration for other Users, so that conversations, advice or the like do not lose their meaning or turn around. In this case, however, such Content will be anonymized by removing the names of the Users. Users have a right to request the deletion of the remaining personal data.
Legal Right of Withdrawal
If you are a consumer so as per the Switzerland law, you are liable to withdraw the contract at anytime, your residence within the European Union you have a statutory right of withdrawal for contracts concerning our offers subject to a charge under the following conditions Please note that in case of an in-app purchase you have a right of withdrawal within the respective app store, e.g. Apple App Store or Google Play Store.
Right of Withdrawal:
Consumers may withdraw from a contract within 14 days without giving any reason. The cancellation period ends 14 days after the day of the conclusion of the contract. In order to exercise the right of withdrawal, consumers must notify us of their decision to withdraw by means of a clear declaration (e.g. by means of a letter sent by mail or fax or an e-mail) addressed to the following contact details:
The Perfect Tour GmbH
Kastanienweg 12, 6353 Weggis
Switzerland
Tel. 0041 79 2774711
Mail: ab@theperfecttour.ch
Register Number: CHE-185.006.626
Consumers may, but are not required to use the enclosed cancellation form. For compliance with the withdrawal period, it is sufficient if consumers send their notice of withdrawal before the expiry of the withdrawal period.
Cancellation form – sample:
(Fill out and return this form only if you wish to revoke the contract).
The Perfect Tour GmbH
Kastanienweg 12, 6353 Weggis
Switzerland
Tel. 0041 79 2774711
Mail: ab@theperfecttour.ch
– I/We () hereby give notice that I/We () revoke my/our (*) contract for the purchase of the following goods () /for the provision of the following services ()
– Ordered on () / received on ()
– Name of the consumer(s)
– Address(es) of the consumer(s)
– Signature(s) of consumer(s) (required only if this form is submitted in paper form) – Date
g(*) Please delete where not applicable.
Premature expiry of the right of withdrawal:
The right of withdrawal shall expire prematurely if we have commenced performance of the contract subject to a charge with the express consent of the consumer before the expiry of the withdrawal period and the consumer was aware that his right to withdraw from the contract subject to a charge would be forfeited as soon as we commenced performance of the contract.
Amendment or changes in the GTC
- The Perfect Tour reserves the right to change the GTC at any time with effect for the future, unless this is not reasonable for the Users. In the case of Users who are consumers, The Perfect Tour is entitled to change the GTC in the following cases:
- ▪ if the amendment serves to bring the GTC into conformity with the applicable law, in particular, if the applicable legal situation changes;
- ▪ if the change serves The Perfect Tour to comply with mandatory judicial or regulatory decisions;
- ▪ if completely new services on the part of The Perfect Tour, or service elements as well as technical or organizational processes require a description in the GTC;
- ▪ if the change is only beneficial to Users.
- In such a case, The Perfect Tour will send the amended GTC to the e-mail address stored by the User at The Perfect Tour at least two weeks before they come into effect or inform the User within a dialog within the Application.
- If a User does not object to the new GTC within a period of two weeks after receiving the e-mail or reading the amended GTC within a dialog within the Application, the amended GTC are deemed to be accepted by him. The Perfect Tour will inform the Users of the consequences of a failure to object with the change notification.
- If the User objects to the validity of the new GTC within the period, The Perfect Tour remains authorized to terminate the contractual relationship with the User with a notice period of one week.
- Users may also agree to amended GTCs by means of an express declaration of consent.
Compliance for United State users
You represent and warrant that you shall comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Application, regardless of your geographic location. We will cooperate with law enforcement agencies in any investigation of alleged unlawful activity of which we are made aware regarding the use of our Application and may contact law enforcement if we are aware of any use of our Application which potentially violates any applicable laws, statutes, ordinances, or regulations. We make no representation that the Application is operated in accordance with the laws or regulations of, or governed by nations other than the court of Luzern!. By accessing the Application you certify that you meet your country’s and our express age and other eligibility requirements for the use of the Application. Those who access or use the Application do so of their own volition and are entirely responsible for compliance with applicable law.
Final provisions
- The contractual relationship with The Perfect Tour cannot transfer to any third person or party.
- The place of performance for Users who do not have a general place of jurisdiction in the Kanton Luzern! City of Luzern! is the registered office of The Perfect Tour.
- For United States Users: We are an independent contractor only. These terms do not create any employer-employee, agency, joint venture, or partnership relationship.
- For United States Users: If the application is being acquired on behalf of the United States Government, then use, duplication, or disclosure of our application by the United States Government is subject to restrictions set forth in these Terms and as provided in the Federal Acquisition Regulations and the Defense Federal Acquisition Regulation Supplement, as applicable.
- The contract languages will standard English.
- The EU Commission has created an Internet platform for online dispute resolution. More detailed information is available under the following link: http://ec.europa.eu/ consumers/odr. If individual provisions of these GTCs be or become invalid, this shall not affect the validity of the remaining GTC.