Last updated November 09, 202
AGREEMENT TO OUR LEGAL TERMS
We are BerliTravel Co. LLC ("Company," "we," "us," "our"), a company registered in Georgia, USA. We operate the website https://www.BerliTravel.com (the "Site"), the web and mobile application Clients portal (the "App"), as well as any other related products
and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and BerliTravel concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are
posted. The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.
PLEASE BE AWARE THAT TERMS OF USE POLICY CONTAINS AN ARBITRATION AGREEMENT THATÂ APPLIES TO ALL USERS LOCATED IN THE UNITED STATES. PLEASE READ CAREFULLY.
THE ARBITRATION AGREEMENT PROVIDES, WITH LIMITED EXCEPTIONS, THAT YOU AND BERLITRAVEL, PARTNERS, SUPPLIERS & SUBSIDIARIES:Â
(1) WILL ONLY BE PERMITTED TO PURSUE DISPUTES AGAINST EACH OTHER OR OTHER USERS THROUGH BINDING, FINAL ARBITRATION;Â
(2) WAIVE ALL RIGHTS TO BRING OR PARTICIPATE IN A DISPUTE ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS; ANDÂ
(3) WAIVE ALL RIGHTS TO PURSUE DISPUTES IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
The foundation of your travel agreement with us for the arrangements detailed on www.BerliTravel.com is formed by these Travel Services/ Booking Conditions, any additional written information provided before your travel booking confirmation, and the specific terms and conditions set by some of our suppliers. We urge you to read these documents carefully, as they define our respective rights and obligations.
Agreement and Liability
By submitting a Travel Service Request/ Booking, you confirm that you, and all persons you represent, agree to be legally bound by all these terms.
Lead Name Requirements
The person making the Travel Request Service/ booking (the "lead name") must be of legal age at the time of booking and must possess the legal authority and capacity to act for all travelers. All future correspondence and communications concerning the booking will be conducted exclusively with the lead name.
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We strive to maintain the accuracy of all prices and information presented on our website and in our marketing materials. However, errors and changes may occasionally occur, and we explicitly reserve the right to correct them when necessary. It is your responsibility to verify the current price and all other relevant details of your chosen arrangements before your Travel service/ booking is officially confirmed.
For the purposes of these terms, a Travel 'package' refers to a service/ trip that meets the following criteria:
The eligible components are:
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Learn more about our terms of use for our travel services
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
• access the Services.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@BerliTravel.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the:
(a) rights you give us andÂ
(b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitledÂ
to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload to us. By sending us any submissions through any part of the Services you:
• confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of:
(a) this section,
(b) any third party's intellectual property rights, orÂ
(c) applicable law.
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USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
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SOFTWARE
We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.
Prohibited Activities
Users must not:
Additional Restrictions
Users must not:
User Generated Contributions
Although the Services do not solicit content, users may be allowed to submit:
Users must ensure:
Violations may result in suspension or termination of access.
Contribution License
By submitting feedback or suggestions:
Guidelines for Reviews
When posting reviews, users must:
The Services may accept, reject, or remove reviews at their discretion. Reviews are not endorsed and may not reflect the views of the Services or its affiliates.
Mobile Application License
Use License You’re granted a revocable, non-exclusive, non-transferable, limited license to install and use the app on your own wireless devices, strictly under these terms. You must not:
Apple and Android Devices
When using the app from the Apple Store or Google Play:
Social Media Integration
You may link your account with third-party services ("Third-Party Accounts") by:
By linking accounts:
Third-Party Websites and Content
The Services may include links or content from third parties. Important notes:
Services Management
We reserve the right to:
Privacy Policy
We prioritize data privacy and security. By using the Services:
TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We may:
 MODIFICATIONS AND INTERRUPTIONS
We may:
GOVERNING LAW
These Legal Terms are governed by the laws of the State of Georgia, applicable to agreements made and performed within Georgia, without regard to conflict of law principles.
DISPUTE RESOLUTION
Binding Arbitration If informal negotiations fail, disputes will be resolved by binding arbitration under AAA rules. You waive your right to sue in court or have a jury trial. Arbitration will be:
Restrictions
Exceptions to Arbitration
Disputes not subject to arbitration include:
If any part of this provision is unenforceable, disputes will be handled in Delaware courts
We may correct errors, inaccuracies, or omissions in the Services at any time without prior notice.
The Services are provided "as-is" and "as-available." We disclaim all warranties, including:
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for managing performance, as well as data related to your usage. Although we perform routine backups, you are solely responsible for all data you transmit or that relates to your activity on the Services.
You agree that:
You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically—via email and on the Services—satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, unless such laws mandate otherwise.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:
1625 North Market Blvd., Suite N 112, Sacramento, California 95834 Or by telephone at: (800) 952-5210
These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.
If any provision is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of remaining provisions.
No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties to execute these Legal Terms.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
3355 Lenox Rd NE, Atlanta, GA 30326. contact@berlitravel.com
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