End User - Terms of Use Rail&Fly Ticket Portal

Welcome to the Viator Group GmbH redemption portal, where you can redeem your Rail & Fly vouchers received from tour operators

As a service provider, we at Viator Group GmbH support tour operators and Deutsche Bahn in the processing and coordination of Rail & Fly tickets. Please note that we do not sell rail tickets ourselves, but only provide the technical environment. If you have any questions or problems with your Rail & Fly ticket, please contact the supplier who provided you with the ticket. If you have any problems with the trains or travel in general, please contact Deutsche Bahn. With regard to the ticket and the trip, the respective contract and terms and conditions of the tour operator or Deutsche Bahn apply.

If you require assistance getting on, off or changing trains due to limited mobility, you will find corresponding information at https://www.bahn.de/p/view/service/barrierefrei/uebersicht.shtml.

1. General

1.1 The following Terms of Use form the legal basis for the use of the online platform provided under a subdomain auf.bahnanreise.de (hereinafter: Rail & Fly Portal) by visitors using the Rail & Fly Portal (hereinafter: "USER"). They constitute the primary legal framework for the use of the Rail & Fly Portal. The Privacy Policy of the Rail & Fly portal contains supplementary regulations. The operator of the Rail & Fly portal is Viator Group GmbH, Hein-Janssen-Straße 16, 52070 Aachen, Germany (hereinafter: "VIATOR").

1.2 USERS can only be natural persons with full legal capacity as defined by § 13 BGB (German Civil Code). If a Rail & Fly ticket is to be redeemed for persons who are not legally competent, this is to be done by the guardian or the appointed representative.

1.3 The following provisions apply to all USERS of the Rail & Fly portal.

1.4. VIATOR does not recognize any deviating terms of use and/or general terms and conditions of the USER, unless VIATOR has expressly agreed to them in writing.

2. Subject of these Terms of Use, Definitions

2.1 VIATOR provides with the Rail & Fly Portal a platform for digital conversion of Rail & Fly vouchers into Rail & Fly tickets. Please note that the Rail & Fly bookings are subject to the conditions of the respective organizer and Deutsche Bahn. For more information on Rail & Fly, please visit the Deutsche Bahn website at https://www.bahn.de/p/view/service/buchung/flug/rail_und_fly.shtml. In order to be able to provide the ticket VIATOR will the information provided by the respective tour operator or Deutsche Bahn (title, first name, last name, email, date of birth, zip code, airport abbreviation, flight date (including the tour operator desired arrival time at the airport, usually 3 hours before departure), flight time, booking code at the tour operator, affiliation to the tour operator, date of attachment of the voucher code and redemption date, ticket number. The voucher code can be retrieved, validated and transmitted to Deutsche Bahn in the event of successful ticket redemption (e.g., by Deutsche Bahn, departure and destination stations, fare, 1st class upgrade/seat reservation upgrade with payment status, direction (outward or return journey or round trip), class (1st or 2nd class), log of changes to the voucher). VIATOR itself serves here only as a provider of a technical interface between the tour operators and Deutsche Bahn. For the tour operator VIATOR is responsible as an order processor for the creation and booking of specific tickets. A data transfer of personal data to Deutsche Bahn only takes place when the USER enters a voucher code on the platform and books a corresponding ticket.

2.2 In order for VIATOR to request the data from the tour operators, the USER must enter the code or codes provided by the tour operator in the form provided. We will then check the data and the authorization. If the authorization is available, the USER can in the next step make a corresponding booking of his rail journey. The booking and the information necessary for the booking (e.g. travel routes, available connections, departure times) are immediately downloaded by DB Vertrieb GmbH, Europa-Allee 78, 60486 Frankfurt am Main and made available to the USER. The Rail & Fly platform is therefore directly dependent on the availability of information on the part of Deutsche Bahn. If a booking is temporarily not possible or connections are not displayed, we advise to try again after some time. If problems persist for a longer period of time, the USER can contact his tour operator. In case of factual questions with regard to individual connections (e.g. on accessibility for mobility-impaired persons, etc.), the information can be requested from Deutsche Bahn.

2.3 VIATOR itself does not provide travel services or transportation services. We expressly recommend before the trip on the site of Deutsche Bahn AG at https://www.bahn.de to view the current timetable and follow the instructions / information on the platform. An information in case of cancellations or delays of means of transport is not made by VIATOR.

2.4 The content available on the Rail & Fly portal does not constitute an offer to conclude a contract with VIATOR. Furthermore, no legal relationships with VIATOR beyond the user relationship for Rail & Fly Portal pursuant to section 3 are established via the Rail & Fly Portal.

2.5 Once the ticket booking has been successfully completed, the USER can no longer make any changes to the data entered (e.g. travel time, etc.). The USER may contact his respective organizer with regard to the changes.

3. use of Rail & Fly portal - non-binding nature of the user relationship

3.1 The user relationship with regard to the Rail & Fly Portal comes into effect with the first entry of a voucher code by the USER on the Rail & Fly Portal. USERS have no claims against VIATOR for the operation of the Rail & Fly portal or support by VIATOR. USERS can contact their tour operator directly in case of problems with the voucher conversion, who can then contact VIATOR if technical problems are the cause. Since VIATOR itself only provides the platform for the conversion of the vouchers, VIATOR also does not provide any support to the USER.

3.2 No contractual relationship arises between VIATOR and the USERS through the factual use of the Rail & Fly portal. However, the USERS shall comply with these Terms of Use during the factual use of the Rail & Fly portal. The regulations in section 6 on the liability of VIATOR remain unaffected.

3.3 VIATOR provides Rail & Fly Portal 24 hours a day, 7 days a week and endeavors to ensure the greatest possible availability of Rail & Fly Portal, but cannot guarantee this within the framework of the favorable relationship and therefore does not commit itself to a specific availability as an annual average or at specific times.

3.4 Due to maintenance work, further development or malfunctions of the Rail & Fly portal, the USERS' possibilities of use may be temporarily restricted or temporarily interrupted. This may also result in data loss under certain circumstances. VIATOR is not obliged to make a backup of the data of the USERS, which they enter on Rail & Fly Portal.

3.5 It is the USER's responsibility to regularly check the e-mail address provided to VIATOR by the tour operator and to ensure that the messages sent by VIATOR can be acknowledged, even when using SPAM filters.

4. storage of these terms of use

4.1 The text of these Terms of Use will be stored by VIATOR. A copy of these Terms of Use will be sent to the USER separately by e-mail upon request.

4.2 These Terms and Conditions of Use can also be accessed and printed on the Rail & Fly Portal web pages.

5. Rail & Fly portal user accounts - duties of the USER

5.1 The USER undertakes not to misuse the Rail & Fly portal, in particular

- not to interfere with telecommunication networks,

- not to infringe any national or international property rights (e.g. copyrights, trademark rights),

- not to violate criminal law regulations, in particular §§ 184 ff. StGB (distribution of pornographic writings), §§ 86 f. StGB (dissemination of propaganda material of unconstitutional organizations), Section 111 StGB (public incitement to commit criminal acts), Section 126 StGB (threat of criminal acts), Section 129a para. 3 StGB (Advertising for a terrorist organization), § 130 StGB (Incitement of the people), § 130 a StGB (Instruction to commit criminal acts), § 131 StGB (Depiction of violence), § 201a StGB (Violation of the most personal sphere of life through image recordings), as well as not to violate regulations for the protection of minors.

5.2 Activities of the USER, which go beyond the usual use of the Rail & Fly portal, especially such activities, which aim at making the use of the Rail & Fly portal more difficult for other USERS or PROVIDERS or at making the Rail & Fly portal functionally unsuitable, are inadmissible and trigger injunctive relief and claims for damages. This includes in particular activities which may impair the physical or logical structure of Rail & Fly Portal beyond the extent of the intended use and/or may lead to an unusually high utilization of Rail & Fly Portal. If such user activities by a USER are intended to render Rail & Fly Portal inoperable or to make its use more difficult, VIATOR reserves the right to civil and criminal prosecution.

5.3 The transfer of contents of the Rail & Fly portal by a USER to third parties (even in part) is not permitted without the consent of VIATOR. It is prohibited to include and/or display the Rail & Fly portal or individual pages of the Rail & Fly portal by means of a hyperlink in a partial window (frame or iFrame). Furthermore, it is prohibited to read, copy and process data of the Rail & Fly Portal by means of technical aids (e.g. crawlers, spiders, etc.) (so-called screen scraping).

6. Liability of VIATOR

6.1 The claims of the USER for damages or reimbursement of futile expenses against VIATOR are without regard to the legal nature of the claim in accordance with the following provisions, in particular VIATOR assumes no liability for the completeness and for the accuracy and timeliness of the data and content provided.

6.2 Liability VIATOR is - regardless of the legal grounds - excluded, unless the cause of damage is based on intent and / or gross negligence VIATOR, or the employees, representatives or agents of VIATOR. Insofar as the liability of VIATOR is excluded or limited, this also applies to the personal liability of employees, representatives or agents of VIATOR.

6.3 For damages arising from injury to life, limb or health, which are based on an intentional, grossly negligent or negligent breach of duty by VIATOR or a legal representative or agent of VIATOR, VIATOR is liable - regardless of the above provisions - in accordance with the statutory provisions.

6.4 VIATOR's liability under the Product Liability Act (§ 14 ProdHG) remains unaffected.

6.5. within the scope of application of the Telecommunications Act (TKG), the liability provision of § 44a TKG remains unaffected.

6.6. it is the USER's responsibility to regularly back up all information posted by him in the Rail & Fly portal. VIATOR is liable for data loss, introduced viruses or unauthorized data access only within the scope of the above conditions.

7. Duration of the User Relationship / Termination of the User Relationship

7.1 The de facto user relationship regarding the Rail & Fly portal begins with the entry of a credit code and ends automatically after the expiry of the ticket validity of the rail ticket.

7.2 VIATOR is entitled to discontinue the operation of the Rail & Fly portal at any time without giving reasons.

7.3 VIATOR is entitled to terminate the user relationship if a USER acts contrary to the above provisions of paragraphs 5 et seq.

8. data security and data protection

8.1 VIATOR takes all technical and organizational measures necessary to ensure the security of the USER's data in the Rail & Fly portal, however VIATOR cannot guarantee the unlimited integrity of the Rail & Fly portal. In addition, reference is made to the provision in clause 6.6.

8.2 With regard to the handling of your data at the tour operators, we refer to their data protection provisions in the context of booking. You can find the data protection regulations of Deutsche Bahn at:

https://www.bahn.de/datenschutz

8.3 For the use of the Rail & Fly portal, reference is made to VIATOR's privacy policy at https://www.viator-group.de/datenschutz/.

8.4. Please note that the personal data entered by you (e.g. name, travel time period, etc.) must be transferred to DB Vertrieb GmbH, Europa-Allee 78, 60486 Frankfurt am Main for further processing. This company is the service provider of Deutsche Bahn AG, Potsdamer Platz 2, 10785 Berlin, which is responsible for the Rail & Fly tickets booked for rail travel, and is responsible for ticket control, processing and service provision. We will also transfer the personal data you have entered to the tour operator that provides you with the Rail & Fly ticket.

9. Priority of the German version of these Terms of Use

9.1 Insofar as VIATOR provides translations of the German language version of these Terms of Use, the German language version of these Terms of Use shall always prevail for the legal assessment with regard to the use of the Rail & Fly portal.

9.2 This applies in particular if differences or contradictions should occur between the German language version and a translated version of these Terms of Use.

10. Amendments to the provisions

VIATOR is entitled to amend these Terms of Use in the future. The terms and conditions valid at the time of the voucher redemption shall apply.

11. notice pursuant to Art. 14 ODR Regulation

11.1 USERS who are consumers within the meaning of Section 13 of the German Civil Code (BGB) have the option in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/youreurope/citizens/index_de.htm) to conduct an online conciliation procedure with the involvement of a recognized conciliation body. For this purpose, they can use the EU online conciliation platform at URL: https://ec.europa.eu/consumers/odr/.

11.2 The online conciliation procedure is not a compulsory prerequisite for calling on competent or-dinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

11.3. other national provisions on the conduct of arbitration proceedings shall remain unaffected by the above provisions in Clauses 11.1 and 11.2.

12. Notice according to § 36 VSBG

12.1 For USERS who are consumers in the sense of § 13 BGB, there is in principle the possibility of an al-ternative dispute resolution procedure in the sense of § 36 VSBG to strive.

12.2 The alternative dispute resolution procedure is not a mandatory prerequisite for calling on competent or-dinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.

12.3. VIATOR does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.

13. final provisions

13.1 VIATOR is entitled to use vicarious agents for the operation of the Rail & Fly portal.

13.2. the law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.3 The above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.