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GENERAL TERMS AND CONDITIONS

General Terms and Conditions (GTC) for the use of the Virail portal

1. General

(1) The Virail GmbH, Winsstraße 15, 10405 Berlin, Germany (hereafter referred to as “virail”) provides a technical interface that enables commercial and private providers of transportation (hereafter referred to as “Providers”), to place transports trips (by train, bus, flight and carpooling) in a database that can be linked with the Providers’ various booking websites. Users seeking accommodation (hereafter referred to as “Users”) shall be granted access to this database via www.virail.com and/or other websites operated by Virail and directed to the website of the Provider of the transportation solution in order to carry out the booking process.

(2) These terms and conditions regulate the use of the database via the aforementioned Virail websites and include access from mobile websites and any application (“App”) developed by Virail as well as any portals or applications for mobile devices provided by third parties. These terms and conditions apply exclusively; Virail rejects the application of any alternative terms and conditions imposed by the User.

(3) The usage of all websites operated by Virail and the provided data bases („Our Website“) is only permitted for private use. A commercial usage of Our Website is explicitly prohibited. Our Website is not to be used for false, fraudulent or speculative reservations, neither for reservations to cover future demand. By using Our Website you confirm to abstain from the following actions and measures without previous written consent by Virail:

– To access our website by using a manual or automated process that exceeds the purpose of personal use or the inclusion of Virail into a search index. The use of automated systems or a software to extract data from Our Website (so called „screen scraping“), is prohibited for non-commercial and commercial purposes.

– To infringe on existing restrictions in robot-exclusion-headers on Our Website or to circumvent measures that restrict or prevent the access to Our Website.

– To use a device, software or program that affects or tries to affect the regular functionality of Our Website, or to carry out an act that inappropriately strains our servers, computer or network.

Virail reserves the right to end, suspend or limit the access to all or specific components of Our Website at our own discretion without previous announcement and under exclusion of any liability.

2. Virail services for users

(1) Virail provides a targeted search function that enables Users to identify the most suitable Provider’s offer in the database and then forwards the User to that Provider’s site or puts the User directly in contact with the Provider. Virail is therefore not the service provider for any of these websites. Specifically, the use of Virail services does not give rise to a package travel contract with Virail in the sense of § 651a German Civil Code (BGB).

(2) Where a search returns a large number of results, the results displayed shall be limited to a specific amount to guarantee search functionality.

(3) Users may use the Virail database free of charge.

(4) Virail advises that offers posted by Providers may be subject to a commission in the event of a successful booking contract. The way this contract between the User and the Provider is formed and any content within such contract must be consistent with the law and with any agreement between the two parties concerned.

(5) Virail may permit its services to be provided by third parties.

(6) As Virail provides its services free of charge, the User has no right to damages or the enforcement of the contract. Virail retains the right to cancel the offer at any time without notice.

3. Virail is not liable for offers or subsequent booking contracts

(1) Virail is solely the technical services provider, only enabling a search for suitable offers. Virail will not publish their own offers on the aforementioned websites, nor does Virail assume any liability for any offers made. The Provider carries sole responsibility for all and any offers posted on the aforementioned websites and any other websites linked to by Virail , along with any related declarations of intent. Virail does not assume any liability for the accuracy or currency of the information posted by the Provider, particularly where this information is stored on a mobile device.

(2) Any contracts or tickets exist solely between the Provider and the User. Virail is exempt from any contractual regulation, agreement or claim existing between the User and any external booking agent. Bookings shall be governed exclusively by the General Terms and Conditions of the service provider or transport agency, particularly with regard to cancellation and withdrawal. The booking service provider or transport agency remains the sole point of contact for booking and payment processes, as well as any questions relating to that contract. Virail is not able to provide any information on these matters.

(3) The previous paragraphs (1) and (2) remain effective provided that and if Virail captures bookings or booking inquiries or the associated data and information itself, for the purpose of the transmission of a booking or booking inquiry to the provider (e.g. within the scope of express bookings or inquiry forms).

(4) Offers are updated continuously via a technical interface.

4. Prices

(1) The prices indicated in the offer(s) shall be determined by the Provider and communicated to Virail at least once daily.

(2) Offer price is understood to be to the final price for the accommodation, however responsibility for ensuring that prices are appropriate and accurate rests with the Provider. While Virail endeavours to present the total cost of the offer, additional charges may be levied by the Provider’s booking website.

5. Liability

(1) Virail is not liable for the accuracy, quality, completeness, reliability or credibility of Provider created content and/or offers. In particular, Virail does not provide any recommendation or further information regarding the choice of Provider and/or offer.

(2) Virail is not liable for any technical disruption where the cause lies outside of Virail ’s field of responsibility or caused by force majeure.

(3) Virail does not guarantee uninterrupted access to data. Virail retains the right to conduct technical maintenance as required for as long as necessary.

(4) Virail is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act.

(5) Limitations to Virail’s liability also apply to the personal liability of all employees, representatives and agents.

6. Privacy

(1) Virail gives the highest priority to protecting User’s information. For further information please refer to the Virail Privacy Policy.

(2) Personal information is only provided, processed and utilized with the consent of the User or where the collection, processing or use of such data is permitted by law.

7. Changes to GTC

(1) Virail retains the right to make changes to the GTC with appropriate notice of at least six weeks. In the case of any changes, Virail shall announce the changes on the website, and nominate the date at which the changes are to enter into effect.

(2) Where the User does not reject these changes within six weeks from the announcement date, the amended GTC shall be deemed accepted by the User. Users shall be reminded of this in the Changes to Conditions announcement.

8. Final conditions

(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG). The place of execution and the court of jurisdiction for all disputes arising from or related to this contract with traders, legal entities under public law or public bodies is Berlin.

(2) Please note that even if our services including these General Terms and Conditions are offered and outlined in English, in any case of any deviation between the English and the German version, the German language version will prevail. The German Version can be found under the following link: www.virail.de/v/geschaeftsbedingungen

(3) Should one of these General Terms and Conditions become invalid in whole or in part, or unworkable under law, this does not affect the validity of the remainder of the contract.

Virail GmbH White Label Terms and Conditions

1. Introduction

Virail GmbH - alongside its metasearch services provided via the aggregation of Partners - may also allow Customers to book third-party transportation services through the use of third-party partners via a “White Label Solution” or alternative product. Using such a product, Customers have the ability to book a selection of authorized carriers via the White Label partner on any Virail locale or Virail website. 

These Terms and Conditions are specific to the services provided by Virail and its White Label Partner.  As such, they are specific to Customer’s access and usage of the White Label Platform, the responsibility of the White Label Partner and the Carrier who provides the transport service.

2. Use of the Services

2.1 Ground Transportation Services

Virail does not offer any transport service to the Customers. The Carrier is the only party providing the transport service, and are responsible for the ticketing, and conditions and contract of carriage and ticketing. In the majority of cases, 

Virail is not a contractual partner for ticketing as this is handled by the White Label Partner. As such, Virail assumes no responsibility for such a contract. 

Customers therefore acknowledge that ticketing and associated items such as booking seats, luggage, and upgrades, is therefore subject to the terms and conditions (“T&C) of the relevant Carrier with which the Customer books, and they are accepted upon booking with that carrier through the White Label Platform.

2.2 Set Up of the White Label Platform

The White Label Platform is provided by a third-party partner, Distribusion Technologies GmbH), who are based in Germany (hereby “Distribusion”). Distribusion develops and runs a global distribution system (GDS) for ground transportation tickets, which, includes but is not limited to the supply of ground transportation content, the technical supply of a white label platform solution for customer checkout purposes, payment processing, settlement and invoicing.

Virail utilizes the services of Distribusion to provide the “White Label Platform'' to its Customers to enable the booking of tickets of Carriers. As such, Distribusion provides the technical supply of content and processing of Customer bookings to enable tickets to be sold. As a technical Partner, Distribusion is not responsible for any customer service requests or queries. In the event that there is a query or complaint regarding payment or transaction issues, these are to be sent to Virail who will forward the request to Distribusion. 

2.3 Information Provided

Customers must ensure that all information provided is truthful, valid and current whilst using the White Label Platform. Virail and/or its service providers reserve the right to verify any and all data submitted by its customers for the purpose of transparency and fraud detection. 

The customer is also liable for any consequences and costs related to providing inaccurate information. Upon submitting this information during the booking process, Customers should be aware that they are proceeding in accordance with the Carrier’s terms and conditions (T&C) which are made accessible during the booking process.  

3. Prices and payments

3.1 Prices and fees

The White Label Carrier Offer is set at the sole discretion of the Carrier or its partner. Virail is not responsible for the price set by the Carrier. If the Customer has any queries regarding the price, they should contact the Carrier directly.

The Customer may also encounter different prices shown for the offer. This is due to the use of caching to store data on the search results and/or other associated pages and currency conversions to reflect prices across a number of currencies. Caching is used to provide results more quickly to Customers to improve the user experience, whilst also limiting the load on Partner systems.

The White Label Solution - which provides the checkout service - will show the correct price for booking in the currency selected and/or available for booking. 

Virail listing a price in a currency does not ensure that the offer can be booked in that currency. The available booking currencies are determined by the White Label Solution Partner.  

3.2 Payment

Distribusion - as the White Label Solution Partner - will also function as the Carrier’s cooperation partner. If you have any complaints and/or questions regarding the payment of an offer through the WhiteLabel Solution, you should contact Virail Customer Service who will then forward your complaint and/or question to Distribusion.

When purchasing an offer on the White Label Platform, Customers will pay the amount of the ticket to the issuer of the ticket from whom the Customer bought the ticket. If applicable, the Customer will also pay a service fee in addition to the ticket price (“Service Fee;). The Service Fee will be displayed to the customer prior to booking the ticket and separate from the price of the Offer.

The Service Fee provides the Customer with customer service, as well as other products and services provided by Virail. As such, the Service Fee is non-refundable once a transaction has occurred. 

If you wish to cancel or amend a White Label Carrier Offer that you have already booked, please refer to the relevant section and/or Virail FAQs.

3.3 Payment Methods

White Label Carrier Offers on the White Label Platform may be updated at any time to include or exclude payment methods. The current payment methods are available:

If payment is made by credit card or Google Pay, the Customer account will be charged upon completion of the booking. The cardholder’s name and credit card details will be forwarded by Distribusion to its payment service provider, Adyen, Adyen N.V. Simon Carmiggeltstraat 6-50, 1011 DJ The Netherlands.

4. Cancellation Policy

In the event of the cancellation and/or amendment of a service by the Carrier, the Customer has in accordance with applicable law and/or Carrier T&C the right to demand from the Carrier the reimbursement of the amount paid and/or other rights against the Carrier under such law.

Details of which are provided in the Carrier T&C. Virail is not responsible nor accountable for the reimbursement of any amount, or for damages and/or loss of profits, or the organization of alternative transportation services. If a Customer is to ensure what rights they have when booking with a carrier, they should inform themselves through the Carrier T&C and/or contacting the Carrier directly for further information.

In the event that the Customer cancels the booked offer via the White Label Platform, cancellation rights are subject to the T&C of the Carrier with whom the Customer booked the Offer with.  In the event that a Customer requests a refund, the Service Fee (if any) will still be kept by Virail for the provision of its services.

If a Carrier allows cancellation/amendments to the booked ticket online, any modifications made are subject to the T&C of the relevant Carrier. A link may be provided to the Customer to allow for the modification of the booking (cancellation/amendment) in respect to the Offer. If no link is provided, the Customer can contact Virail Customer Service to assist with the facilitation of any booked Offer that allows refunds and or modifications which is highlighted at the time of booking. In the event that the Customer has booked a non-refundable or non-modifiable ticket, Virail nor the White Label Partner (“Distribusion”) are unable to provide these services in accordance with the Offer booked. 

5. Personal data

Within the context of Customer usage of the White Label Platform, Virail and/or Distribusion may collect and process some of the personal data provided. In using the Platform, Customers recognize and accept the processing of their personal data by Virail and/or Distribusion in compliance with the applicable law and stipulations of the White Label Platform Privacy Policy.

6. Use of the White Label Platform

Virail grants Customers a non-exclusive, personal and non-transferable right to use the White Label Platform and the services, for Customers’ personal and private use, on a non-commercial basis and in compliance with the purposes of the White Label Platform and the services.

Customers are prohibited from any other use or exploitation of the White Label Platform and services, and their content, without the prior written permission of Virail. In particular, Customers are prohibited from:

7. Role of Virail

Virail as an intermediary provides the Customer with the possibility to compare transport services prior to concluding the transaction either through either (a) a redirect to a Partner, or (b) via the White Label Platform provided by Distribusion. The T&C set here relates to (b) and the conclusion of a transaction via the White Label Platform. In this scenario, Virail is - in the majority of cases - not the contractual partner in relation to any White Label Carrier Offer nor - in any case - the transport services associated with the Offer. In accepting the White Label T&C, the Customer agrees and understands that Virail is not party to any agreement entered into between the Customer and Carrier. 

Virail does not provide any transport service nor function as the Carrier. Virail functions as an intermediary between the Customer and Carrier via the Distribusion White Label Platform. Virail cannot be held liable for the transportation service provided by the Carrier nor the services available on the White Label Platform provided by Distribusion. The following - but not limited to - items Virail is not responsible for include;

8.  Operation, availability and functionalities of the Platform

Virail will endeavor to ensure that the White Label Platform is accessible at all times. However the Platform may be temporarily or completely suspended without notice, on occasion such as maintenance, migrations, updates, operational changes or technical difficulties in relation to the Platform and or any relevant items that may limit its usage and accessibility. 

Virail reserves the right to modify or suspend, temporarily or permanently, in whole or in part, individually or in general the access to the White Label Platform or its features.

9.    Applicable law and jurisdiction

The White Label T&C are written in English and subject to German law. The T&C may be translated from the English version into additional languages dependent on the Virail locale. In any case, the relevant T&C is the original English copy, and always subject to German law. The place of jurisdiction is Berlin.

10.    Contact information

To which Company you should contact will differ based on the type of request:

Virail GmbH Online Travel Agent (OTA) Terms and Conditions

Introduction

Virail GmbH - alongside its metasearch services provided via the aggregation of Partners - may also allow Customers to book third-party transportation services through an internal checkout platform where Virail acts as an Online Travel Agent (OTA). Using this platform, Customers are able to purchase and receive their tickets directly from Virail GmbH.

These Terms and Conditions are specific to the services provided by Virail and its OTA solution.

Use of Services

Transportation Services

Virail does not offer any transport service to the Customers. The Carrier is the only party providing the transport service, and is responsible for the ticketing, and conditions and contract of carriage and ticketing. In the majority of cases, Virail is not a contractual partner for ticketing as this is handled by the Carrier. In this case, Virail assumes no responsibility for such a contract. 

Customers  therefore acknowledge that ticketing and associated items such as booking seats, luggage, and upgrades, are therefore subject to the terms and conditions (T&C) of the relevant Carrier with which the Customers book, and they are accepted upon booking with that Carrier through our checkout platform.

Information Provided

Customers must ensure that all information provided is truthful, valid and current whilst purchasing their tickets through the Virail checkout platform. Virail and/or its service providers reserve the right to verify any and all data submitted by its customers for the purpose of transparency and fraud detection. 

The Customers are also liable for any consequences and costs related to providing inaccurate information. Upon submitting this information during the booking process, Customers should be aware that they are proceeding in accordance with the Carrier’s terms and conditions (T&C) which are made accessible during the booking process.  

Prices and Payments

Prices

Virail is not responsible for the price set by the Carrier. If the Customers have any queries regarding the price, they should contact the Carrier directly.

The Customers may also encounter different prices shown for the offer shown on the results page. This is due to the use of caching to store data on the search results and/or other associated pages and currency conversions to reflect prices across a number of currencies. Caching is used to provide results more quickly to Customers to improve the user experience, whilst also limiting the load on Partner systems.

The price shown on the checkout page is the ‘live’ price provided by our Third Party Partners, and that which the Customers shall pay. The Customers must agree to the T&C of the Carrier and Virail prior to purchasing the ticket. As such, the Customers accept liability for their purchase and accept the refund and amendment policy of the Carrier upon completion of the purchase.

Fees

Service Fees

For the Service Fee Virail provides the Customers with customer service, as well as other products and services. As such, the Service Fee is non-refundable once a transaction has occurred. The Service Fee is listed separately during the checkout process and may vary based on the ticket purchased.

Card Processing Fees

Additional Card Processing Fees may be charged for using certain payment methods and/or currencies. These fees are non-refundable and will be automatically detected during the payment with the corresponding fee charged if any fee is applicable. 

Cancellation Fees

As with the purchase of a ticket, a transaction may also trigger a card processing fee to refund a ticket. This fee will be automatically detected and deducted during the refund. 

Payment

During the checkout process the Customers will be requested to confirm the T&Cs of both Virail and the Carrier chosen by the Customer. Both of these T&Cs are available on the checkout page and can be viewed directly. The Customers will also be informed on this page about the Carrier’s refund policy. The Customers should double check the inpute details during payment, as incorrect details may result in a problem with the booking. Virail cannot amend or modify bookings. Any changes required have to be approved and done via the Carrier. Virail can only cancel and re-send tickets in the event that the Customer has not received their e-ticket.

Once a payment has been completed by the Customers, the Customers will be redirected to a confirmation page and will receive an email with their e-ticket. In the event that customers have not received their e-ticket, they should check their spam folder or wait for a period of time for the ticket to arrive. Failing this, the Customers should contact Virail and we can re-send the ticket.

Payment Methods

All payment methods that can be used are listed during checkout. The payment methods may vary per country and over time as payment methods are added/removed.

Fraud

In the event of suspicion of fraud, Virail reserves the right to not honor the reservation made by the Customers and to cancel the transaction. If the Customers believes our suspicions are misplaced, the Customers may contact our Help Center to request a review of the decision made against the Customers, but Virail can and may uphold the decision to not serve the Customers based on suspicions of fraud or other suspicious activity.  

Changes or Cancellations

Virail does not currently allow Customers to modify a ticket or reservation. Virail displays the T&C of each Carrier during the checkout process. If a Carrier allows for tickets to be exchangeable and/or refundable, it is at the discretion of the Carrier independent from Virail’s own policy relating to Changes and Cancellations. 

If Customers purchase a ticket that requires modification, the Carrier should be contacted directly. In the event that the Carrier allow for a modification to occur, we will be able to process the change. We cannot however provide any refund or modification without the Carrier’s approval.

Compensation

Virail’s responsibility is limited to the services offered as an Online Travel Agent. We do not provide any transport services, and the Customers are required to contact the Carrier regarding any issues with their travel. Any and all claims related to issues with travel must be made directly with the Carrier. 

If you are a Customer within the European Union, you can find your rights below:

Rail Passenger’s Rights and Obligations

https://eur-lex.europa.eu/eli/reg/2007/1371/oj

Bus Passenger’s Rights and Obligations

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32011R0181 

Plane Passenger’s Rights and Obligations

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32004R0261&qid=1714993106749 

Virail will at its own discretion attempt to help the Customers to ensure they receive the right level of care associated with their booking and the T&C set out by the Carrier. We are however not liable for any decisions taken by the Carrier, and the Carriers are ultimately responsible for any and all compensation or assistance set forth within their T&Cs. 

Technical Issues

Virail strives to ensure an uninterrupted technical operation and service. We do not, however, assume any responsibility or liability for uninterrupted availability and accessibility of our service, but we will attempt to do so. This applies in particular to technical delays and failures, as well as any damages that may result therefrom. 

In the event that a technical issue results in a loss for our Customers, Virail may at its discretion provide a refund. We can however only consider a potential refund based on several conditions;

  1. The Customers must inform Virail via the Help Center platform at least 24-hours in advance of the time and date of travel.
  2. The Customers must have made a purchase on the Virail website, and have had their credit card charged
  3. The Customers must not have indirectly or directly caused the issue, and provide us with details regarding the technical issue and circumstances of the problem. The Customers must also respond to all requests by us for additional information and cooperate on the technical issue. Failing to do so will result in the inability to provide a refund.

Personal Data

Information regarding the Customers’ rights regarding their Personal Data can be found within our Privacy Policy.

Limitation of Liability

In no event does Virail assume liability for any direct, indirect, punitive, incidental or consequential damages. This includes, but is not limited to, the loss of profits, data and goodwill, nor service interruption, system failure or loss or mental, physical or emotional distress arising from, or connected to, the use or inability to access this website. Virail’s liability and that of our employees is limited to wilful intent and gross negligence. This limitation does not apply to claims under the German Product Liability Act not to material breach of contract.

Contact information

If you have any questions about the Refund Policy, please visit Virail at the Help Center. Alternatively, you can contact us at [email protected].