AGB - General Terms and Conditions
AGB - General Terms and Conditions
GoTuro, inspired by unique and unforgettable travel experiences that combine adventure, culture, and relaxation. A wide range of carefully curated journeys balancing adventure, education, and leisure allows for individual design and emphasises sustainability. Travellers can find safaris, jungle tours, pilgrimages, city trips, and luxurious niche offerings – all tailored to diverse interests. The platform is characterised by customisable adventures, community-building, and sustainable travel options.
By using the platform on the website, inspiring and unforgettable travel experiences are created, combining adventure, culture, and relaxation. Carefully curated offerings for adventure and experience travel, cultural and educational journeys, as well as leisure and party travel are provided. Luxurious and sustainable travel options, as well as special family offers, are also available.
1. Definitions and Scope
SCAILE Technologies GmbH, Jungfrauenthal 8, 20149 Hamburg, registered with the Hamburg District Court under the registration number HRB: 191310 (hereinafter "GoTuro" or "Operator"), operates the GoTuro online platform (hereinafter "Platform"). "Users" are all persons, whether consumers or entrepreneurs, who wish to use or already use GoTuro or users or entrepreneurs who commission GoTuro with chargeable offers, planning, services, or construction services via the platform.
These General Terms and Conditions (hereinafter GTC) apply to all users for registration on the online platform, for their use, and for all business transactions carried out between the contracting parties in connection with the use of the platform. They also apply to future contracts unless expressly agreed otherwise or referred to at the time of contract conclusion.
By registering, the user confirms the incorporation of these GTC, which can be accessed at any time via the link. The contract text is not stored by GoTuro. The contract language is German.
Terms and conditions of the users do not apply, even if the operator does not expressly object to their validity in individual cases. Even if the operator refers to a document that contains terms and conditions of a user or refers to such terms and conditions, this does not constitute consent to the validity of those terms and conditions.
2. Establishment of the User Relationship
2.1. The user relationship between the operator and the user is established when the user registers or submits a request on the platform. Registration or a request is not required for read-only access to publicly accessible content or services in the non-registration-required area.
2.2. Only users who are at least 18 years old can submit a request and create a user account. The user is responsible for protecting their account from unauthorized third-party access. If the user wishes to use services such as analysis and offer creation on the website, they will be prompted at the end of the online questionnaire to enter their details in the respective registration form - e.g., their name, email address, and phone number. The registration process can be completed successfully only if the required mandatory information is provided. By confirming the entered data, the user submits an offer to enter into a user relationship. The operator accepts the user's offer by sending an email to the user confirming the registration. The user relationship is considered established when this email is received by the user, who confirms its receipt.
2.3. Registration for a company may only be carried out by a natural person authorised to represent the company and named as the company representative. The operator may request proof of identity or authorization at any time.
2.4. The conclusion of the user contract and registration within the framework of the automated status analysis and the non-binding consultation do not result in payment or other obligations for the user without availing further (chargeable) services.
3.1. A contract for using chargeable services, e.g., consulting services or project inquiries, is concluded through separate registration by the user for the respective service or by filling out and submitting the order form, and the acceptance of this offer by the operator by sending an electronic order confirmation or implicitly by providing the service. The operator may require a user identity verification for the use of chargeable services.
3.2. All offers from GoTuro are non-binding, unless something else is specified in the concrete offer. There is no entitlement to registration or granting access to the registration-required project area ("My GoTuro App"). The operator may impose special registration requirements for individual offers at any time.
4. Services
4.1. Analysis and Offer
4.1.1. GoTuro offers the ability to conduct analysis and offer creation on its platform. As part of the analysis, the user provides detailed information based on targeted questions and answers. The GoTuro technology analyses the required foundations for project realization based on user information, especially automatically, what costs, efforts, benefits, and project processes would result from potential projects and realisations. GoTuro then provides the user with the automatically calculated project result based on the data entered after the analysis is completed.
4.1.2. The user may only use the analysis result, offer overviews, or project processes for their own information or to commission GoTuro or an external service provider/contractor mediated by GoTuro with the planning and implementation of the planned project. Distribution or making known to other third parties is prohibited.
4.1.3. The limitation of liability in section 11.5 is expressly pointed out.
4.2. Planning and Implementation of the Project by GoTuro
4.2.1. After completing the analysis and/or request by the user, GoTuro usually submits an offer to the user.
4.2.2. If the user wishes to accept GoTuro's offer, they can do so by sending a binding order email or digitally signing the offer.
4.2.3. Billing is done through GoTuro.
4.2.4. GoTuro reserves the right to perform its service obligations to the user through a subcontractor.
4.2.5. As part of the consultation, GoTuro may mediate additional external service providers to the user, who can implement individual or overarching measures. The following provisions (section 4.3) apply to the contractual relationship between the user and the external parties.
4.2.6. If a funding application is not approved, the customer will be reimbursed proportionately for the amount paid for the "funding service." The costs incurred and any payments already made for additional/separate planning services commissioned and provided are not covered by the refund. If the funding is not approved because the customer, manufacturer, or service provider does not meet the funding criteria during implementation, the refund claim lapses.
4.3. Implementation by External Service Providers
4.3.1. For planning services and/or the implementation of project proposals for which GoTuro submits an offer, GoTuro reserves the right to provide the user with a list of offers from external service providers/cooperation partners that have a cooperation relationship with GoTuro and are suitable to implement the planned project (hereinafter "Externals").
4.3.2. The offers published on the platform are published in the name of the respective external party. GoTuro does not verify the accuracy or completeness of the offer information.
4.3.3. If the user chooses a particular external party, they can schedule a consultation appointment with the desired external party.
4.3.4. GoTuro acts as a pure intermediary during the contract initiation and execution between the user and the external party and does not become a party to that contract. A mediation success is not warranted. The commission charged by GoTuro for the mediation is shared by the external party and the user. The externals are neither fulfilment nor vicarious agents of GoTuro. The fulfilment of contracts mediated by GoTuro is carried out exclusively by the mediated contracting party. The external contracting party is not subject to instructions from GoTuro when carrying out the mediated contracts. GoTuro takes no responsibility for the proper provision of services. Each external party is independent of GoTuro and acts on their own account.
4.3.5. Statements and explanations about the platform in advertising materials and on the GoTuro website are exclusively understood as descriptions of properties and not as guarantees or assurances of a property. They only constitute guarantees or assurances in a legal sense if made in writing and expressly designated as such.
5. User Obligations
5.1. The user assures that the information given during registration, particularly regarding their own person (e.g., real names, company data), is correct, truthful, and current. The use of pseudonyms, stage names, or misleading information is not permitted. The user will inform GoTuro in a timely manner of any changes to their data (especially name or ownership changes, changes in legal form and address) at least in text form (email) and update these on the platform.
5.2. The user is obliged to keep access data and passwords secret and store them so securely that third parties do not become aware of them. They must not allow others or third parties to use the platform with their access data. In case of loss of access data or password, or suspicion of misuse, the user must immediately inform the operator. The user is liable for all activities carried out using their user account, including misuse by third parties, unless they are not responsible for the misuse or have not violated their duty of care.
5.3. Natural or legal persons offering or mediating such consulting-and/or mediation services that the operator itself or through third parties already offers or intends to offer may be excluded from the approved user group. In particular, but not limited to, these are the fields of activity: planning of project and construction projects, project and construction application, financing of projects and construction projects, planning advice, mediation of specialists and planners, implementation of projects and construction projects, mediation of contract partners for the implementation of projects and construction projects. The operator may block user accounts of users who do not or no longer belong to the approved user group at registration or at a later time.
5.4. If the user has concluded a contract with GoTuro and/or an external party mediated by GoTuro for the planning and/or implementation of the project, they are obliged to fulfill their obligations, especially by making immediate, correct and truthful information and timely scheduling to promote the planning and implementation of the project.
5.5. The user indemnifies the operator, its employees and other vicarious agents, from all claims, obligations and expenses that other users or third parties assert against GoTuro due to a violation of their rights through content posted by the user on the platform or due to any other improper use of the platform by the user. The user shall reimburse GoTuro for the costs of necessary legal defense (judicial and extrajudicial) including all court and attorney fees at statutory rates. This does not apply if the user is not responsible for the infringement. The user is obliged to provide the operator with all information truthfully and completely and to hand over materials that are required for examining claims and defense in case of a claim being made by third parties against the operator.
5.6. If the user culpably violates obligations from the user relationship or legal regulations, the operator is entitled, at its reasonable discretion and considering the justified interests of the user, without notice and without giving reasons, and excluding the assertion of claims for compensation, to delete inadmissible content of the user, to temporarily or permanently block the user's access to the platform or to delete the user's profile permanently. There is no entitlement to a new registration for the user. The right to an extraordinary termination of the user relationship according to section 9 remains unaffected. The initiation of civil and/or criminal proceedings, in particular the assertion of claims for damages and/or the filing of a criminal complaint, are expressly reserved.
6. Operator's Rights
6.1. The user grants GoTuro a non-exclusive, free-of-charge, globally and content-wise unlimited, freely transferable right to use and exploit the content uploaded to the platform at the time of uploading. This right includes all known and all types of use that are not yet known today.
6.2. The grant of rights to content entered into the user's profile, particularly photos, graphics, and text entries, is limited to the duration of the user relationship. The grant of rights to all other content provided by the user, such as posts and comments, audio, or image files, is not time-restricted. These can be anonymized after the user relationship ends. The operator is not obliged to delete or anonymize posts mentioning the resigned user by name if they were not created by the user themselves.
6.3. All data created in connection with services provided by GoTuro or its cooperation partners remain the property of GoTuro or its cooperation partner as per the legal provisions, unless a supplementary written agreement has been made concerning usage, exploitation, and/or ownership rights in individual cases.
6.4. The user grants GoTuro an irrevocable and free-of-charge unlimited right to use and exploit any ideas, service development requests, feedback, recommendations, or other information submitted by the user or third parties in connection with the platform, unless the user expressly reserves corresponding rights and this is recognizable to GoTuro.
7. Reviews
7.1. Reviews must be written objectively in accordance with the principle of fairness and must not contain any insulting, defamatory, suggestive or sexually explicit, criminally relevant, or otherwise illegal content (e.g., infringing third party rights). Factual statements must correspond to the truth. Multiple reviews are not permitted.
7.2. Reviews always represent the statements of the user and not the statements of GoTuro. GoTuro does not adopt these statements and assumes no responsibility for them.
7.3. By submitting or otherwise communicating the review, the user grants GoTuro the spatially and temporally unlimited rights of use to their review text free of charge. GoTuro is entitled to freely dispose of the review and, in particular, to process and use it for further review services, to pass it on to third parties, and to publish it.
8. Compensation
8.1. If the user, external service provider or cooperation partner uses chargeable services of the platform, they are obliged to pay the costs incurred. The user, external service provider or cooperation partner will be informed of the cost obligation at least before their initial use of the service. If an increase in the fee occurs during the agreed term of continuous obligations, the fee applicable from the time of the increase must be paid. If the user, external service provider or cooperation partner has made advance payments, the fee cannot be increased for the advance payment period.
8.2. Payment is made via the payment methods offered. The operator reserves the right to exclude individual payment methods (e.g. cash payment). The invoices are issued to the user, the external service provider or the cooperation partner electronically (PDF) via the user account or by email, unless otherwise agreed. Invoicing is done after the creation and sending of all documents in digital form by SCAILE UG. Invoice amounts are due upon each invoice being issued and payable within 7 calendar days to an account specified by GoTuro. Upon expiry of this period, the user, external service provider or cooperation partner is in default. The user must regularly raise objections to the amount invoiced within one month after receiving the disputed invoice or after debiting the disputed costs in writing. The right to claim a refund expires after this period.
8.3. GoTuro is entitled to request a reasonable advance payment from the user, external service provider, or cooperation partner before rendering the service.
8.4. For additional, change or repeat services, the contracting parties agree on an additional fee of €130 per hour plus statutory VAT.
8.5. If, during the planning and/or implementation of the project, it becomes apparent that the scope of work exceeds the originally calculated scope significantly, especially change services where GoTuro must practically start planning anew and a new intellectual achievement is required and not already required for the proper fulfillment of the performance obligations, GoTuro is entitled to an additional fee.
8.6. Fees for externals are settled directly with them. GoTuro is neither responsible for the collection nor for receiving any payments to externals.
9. Contract Duration, Early Termination, Withdrawal
9.1. User Contract/ Contract Duration
9.1.1. The user contract for using the platform begins with the user's first registration on the GoTuro platform and is concluded for an indefinite period.
9.1.2. The user contract can be terminated at any time without providing reasons with immediate effect. The right of the parties to terminate the contractual relationship for good cause by extraordinary termination remains unaffected. Good cause exists, in particular, if the terminating party cannot reasonably be expected to continue the user relationship considering all circumstances of the individual case and weighing both parties' interests until the end of the contract term. A right to extraordinary termination without prior warning exists, especially if the user violates the obligations according to section 4.
9.1.3 Termination of the user contract does not affect any agreements concluded between the user and GoTuro or contractual relationships mediated by GoTuro between the user and external parties.
9.1.4. Terminations must be made in text form.
9.1.5. Upon termination of the user relationship, the user's account and profile, including all information stored there (e.g., personal messages, profile information, image files), are deleted, provided the operator is not legally required to maintain these data. Data obtained in connection with services already provided for a fee or free of charge by the operator or their cooperation partners are deleted only after the statutory limitation periods have expired. The user has no claim to retrieve or otherwise transfer content they have uploaded.
9.2. Early Termination of the Contract
9.2.1. If the user, external service provider, or cooperation partner terminates the contract, GoTuro receives the agreed compensation for the services commissioned up to that point, taking into account what GoTuro saves in expenses due to the termination of the contract or maliciously refrains from acquiring through alternative use of the workforce.
9.2.2. If, within 180 days of contract conclusion, no suitable on-site appointment can be found, although GoTuro, external service provider or cooperation partner has offered potential dates, 60% of the agreed fee is payable.
9.2.3. Important reasons for termination by the user exist, in particular, if
– the trust relationship between the parties is significantly impaired due to circumstances occurring after contract conclusion, or other circumstances exist that make it unreasonable for the user to adhere to the contract;
– GoTuro has ceased payments, applied for the opening of insolvency proceedings over its assets, or its performance capability is so impaired due to other reasons that trust in its ability to fulfill the contract properly no longer exists.
9.2.4. An important reason for termination by GoTuro exists, in particular, if
– the user fails to perform a provided service and thus significantly hinders GoTuro from performing its service according to the contract;
– the user is in delay with a due payment or otherwise with a significant contract obligation;
– the trust relationship between the parties is so significantly impaired for other reasons occurring after contract conclusion that GoTuro cannot reasonably be expected to continue the contractual relationship;
– GoTuro and/or the user are prevented for more than two months from continuing the project processing/realization due to unforeseen circumstances (force majeure), which includes, for example, the non-availability of one or more public permits required for the project, a court prohibition of continuing the work, etc.
9.2.5. Terminations must be made in written form.
9.2.6. If this contract is terminated by the user for important reasons, GoTuro, external service providers, or cooperation partners are entitled to payment only for the services rendered, flawless, usable, and self-contained until the termination (§ 648a BGB).
9.3. Withdrawal
9.3.1. GoTuro has the right to withdraw from the contract if
– circumstances occur or are present that were not foreseeable at the conclusion of the contract or occur between the conclusion and performance of the contract that justifies withdrawal considering GoTuro's legitimate interest, e.g., force majeure, the Corona pandemic, payment default, insufficient services, strikes, and natural disasters.
– GoTuro unexpectedly does not have sufficient capacity to fulfill the contractual services or the agreed deadlines. In such cases, GoTuro must inform the user without delay and refund any services already rendered by the user.
10. Acceptance
In the case of phased commissioning, GoTuro is entitled to formal acceptance after each commissioning stage is completed. If GoTuro is assigned further commissioning stages, the acceptance of the previous commissioning stage counts as partial acceptance. Furthermore, the contractor is legally entitled to formal partial acceptance after the acceptance of the last service to be provided for the project according to § 650s BGB.
11. Warranty and Liability
11.1. Warranty and damages claims of the user are subject to statutory provisions.
11.2. GoTuro assumes no liability for the content's factual accuracy, currency, and completeness (of website, platform, offers, project processes) provided by the user. GoTuro is not liable for the services of external service providers, cooperation partners, and/or specialists involved by the user to complement GoTuro's services.
11.3. GoTuro is not liable for the performance or damages occurring in the relationship between the user and an external party (external service providers or cooperation partners) in contracts mediated by GoTuro.
11.4. GoTuro endeavours to offer uninterrupted platform operation. This naturally limits services that GoTuro can influence. The user, external service providers, or cooperation partners acknowledge that a complete, seamless availability of the platform is not technically feasible. GoTuro reserves the right to restrict access to the platform, either entirely or partially, temporarily or permanently, at its discretion, especially due to maintenance work, capacity issues, and other events.
11.5. GoTuro, as well as its legal representatives and vicarious agents, are liable without limitation
- for intent and gross negligence,
- when providing a warranty,
- for damages arising from injury to life, body, and health.
For other damages (property and financial damages), for free services, in particular the provision of information or documents, the operator's liability for material and legal defects is excluded. The operator is not liable for the completeness, suitability for a specific purpose, currency, and accuracy of research results, automated processes, or other information.
11.6. The liability exclusions or limitations also apply in favour of the legal representatives and vicarious agents of the operator if claims are asserted directly against them, and accordingly apply to claims against companies affiliated with GoTuro and cooperation partners and their legal representatives and other vicarious agents.
11.7. The provisions of the Product Liability Act remain unaffected.
12. Assignment and Offsetting
The assignment of claims by the user is only permitted with the prior written consent of the operator. The user's right to offset only applies insofar as their counterclaim has been legally established or is undisputed. The right of retention, especially the plea of unfulfilled contract, remains unaffected.
13. Cancellation Right
If the user, external service providers, or cooperation partners conclude the contract with GoTuro for a purpose that can neither be attributed to their commercial nor their independent professional activity, the following provisions on the right of withdrawal apply to the user as a consumer (§ 13 BGB):
**Right of Withdrawal**
You have the right to withdraw from this contract within 14 days without giving a reason.
The withdrawal period is 14 days from the date of contract conclusion. It does not begin until you have received this instruction in text form.
To exercise your right of withdrawal, you must inform us
**SCAILE Technologies GmbH, GoTuro**
Jungfrauenthal 8
20149 Hamburg
Email address: info@GoTuro.de
using a clear statement (e.g. letter, fax, or email) about your decision to revoke this contract. To meet the deadline for cancellation, it is sufficient if you send the notification of the exercise of the withdrawal right before the cancellation period expires. You can use the withdrawal form template [LINK], which is not mandatory, however.
**Consequences of Withdrawal**
If you withdraw from this contract, we will reimburse you for all payments we have received from you without delay. You must return to us all services received until the withdrawal in case of withdrawal. If, by nature, a service is excluded from return, such as materials or products used that cannot be removed without destruction, or services that cannot be reversed without cost/effort, you must pay compensation.
**Special Notice Regarding the Premature Expiry of the Right of Withdrawal**
The right of withdrawal expires for a service contract if the service is fully performed and the execution of the service started only after the consumer has given his express consent and at the same time acknowledged that they lose their right of withdrawal upon full performance of the contract by the entrepreneur.
14. Privacy
14.1. The privacy statement of GoTuro, which is provided to the user in text form in the event of registration and can be accessed at any time in its current version, applies to data protection.
14.2. Before conducting the analysis and creating an offer, the user consents to GoTuro utilizing the data transmitted by them to its full extent, particularly to suggest offers to the user, including from external parties, or to use the data otherwise, e.g., by transmitting to third parties, such as advertising partners.
15. Alternative Dispute Resolution
15.1. GoTuro does not participate in any dispute resolution procedure and is also not required to do so.
15.2. The European Commission provides a platform for online dispute resolution, which can be found at. GoTuro is not required to participate in any dispute resolution procedures before a consumer arbitration board and does not voluntarily participate.
16. Final Provisions
16.1. Amendments or changes to these terms and conditions must be in text form to be valid. GoTuro reserves the right to change the terms and conditions at any time with effect for the future. GoTuro will inform the user, external service provider, or cooperation partner of changes to these terms and conditions, at least textually, beforehand. If the user does not object to the change within at least 4 weeks after notification of the change in text form (e.g. by email), this will be considered agreement to the change; GoTuro will indicate this in the change notifications.
16.2. The law of the Federal Republic of Germany applies.
16.3. In business transactions with traders who operate a commercial enterprise, or with such natural or legal persons who are equated with such traders by registration in the commercial register or by law, the place of jurisdiction for disputes arising from this contract, no matter the legal reason, is Hamburg.
16.4. Should agreements made in this contract lack legal effect or not be carried out, this does not affect the validity of the remaining contract contents. Instead of the invalid or ineffective provision, one that comes closest to the intention of the contracting parties shall apply.
**As of September 2024**
