I. General information

  1. These general terms and conditions apply for the usage of the websites of nandaja.de (also accessible via nandaja.com, nandaja.co.uk and other domains), the related information, services and performances provided by us. We hereby reject deviating conditions or offers of contract of the user.
  2. "We" and the operator of the internet offers of "Nandaja" are:
    Flügge UG (limited liability)
    Moorweg 33
    22453 Hamburg
  3. The following description of terms for the purpose of these general terms and conditions applies:
    • "Nandaja" is the internet offer available via the internet addresses "nandaja.de" (and other domains).
    • "User" or "You" are the persons using these websites and the services provided therein.
    • "Supplier" is all users offering and marketing services and performances via "Nandaja".
  4. Nandaja provides editorial and promotional information concerning the travel destination Sri Lanka. Nandaja hereby offers an internet platform which allows operators of hotels and other accommodations, travel organisers and other approved suppliers in the tourism, travel, gastronomy and culture sectors as well as other suppliers of local products and services concerning the travel destination Sri Lanka to market and advertise their services, performances and products, so other users can contact them. Nandaja hereby serves for personal presentation and advertising. The conclusion of agreements occurs in direct contact between the respective parties. We do not become party to the agreement via the performances of the supplier and, in this context, are neither involved as broker nor in any other form. If we provide codes for discounted or otherwise improved conditions for third party services, the agreement with respect to the individual performance is, notwithstanding, formed exclusively between the user and the respective supplier.
  5. Only commercial suppliers of services and products are admitted as suppliers. Contractors, small business operators or individual persons offering and providing their services, performances or products for commercial purposes are considered commercial operators.
  6. We owe the performances respectively agreed upon with the user, however - subject to an explicit, written agreement - under no circumstances whatsoever the achievement of a certain economic success, such as minimum revenue.

II. Registration and termination

  1. The user is not required to register in order to view our websites or contact suppliers.
  2. Registration of the user is necessary for a presentation as supplier at Nandaja. Legally competent individuals, businesspersons as well as companies may register. Registration occurs by establishing a user account and agreeing to these General Terms and Conditions. The conclusion of an individual agreement can substitute a registration.
  3. The usage agreement regarding services subject to registration is concluded with the confirmation of the registration or, if earlier, the provision of our invoice for the service. Any claim for the conclusion of a usage agreement is excluded. User accounts are not transferrable and may not be provided to third persons for usage. The user and his offer of contract are obligated to us for 5 working days following the transmission of the contract declaration.
  4. When registering, users have to provide truthful and (if required for registration) complete data. We reserve the right to verify the correctness of the registration information with legally admissible means. Users are obligated to update the registration data immediately in case of changes.
  5. The user can terminate the agreement regarding the usage of these websites at any time. User accounts for suppliers subject to remuneration are subject to notice periods, which depend on the respectively selected contract model. The termination of supplier accounts subject to remuneration requires the written form.
  6. Suppliers are furthermore entitled to have their profile deleted by us. Requests for deletion can be sent to the email address specified in the provider identification (imprint). The deletion prior to the expiration of an agreed contractual period does not result in the pro-rata reimbursement of paid fees and remunerations. The reactivation of the user profile after the deletion of the profile is not possible.
  7. Upon termination of the user relationship, we are entitled to delete the respective user account and all content.
  8. We are entitled to terminate the user relationship without notice for an important reason. An important reason particularly exists if a user has culpably or repeatedly violated these General Terms and Conditions or other statutory regulations in a significant manner. Violations by third parties acting at the instigation of the user have equal significance.
  9. We are entitled to cease the operation of Nandaja in total and terminate ongoing agreements as at the conclusion of the operation subject to pro rata reimbursement of advance payments.
  10. We are entitled to cease or limit gratis services at any time or continue them as services subject to a charge following the consent of the user.
  11. We are entitled to block users from the repeat usage of our services who gave cause to a termination for an important reason. We are entitled to store the data necessary for this blocking for a maximum period of 2 years following the end of the usage relationship.

III. General obligations of the user

  1. Users are personally responsible for the usage of our internet offers. Users may not violate applicable statutory or contractual regulations when using our websites, products and services. The user is particularly not entitled to violate third party rights and the applicable regulations according to the Data Protection Act, criminal law and penal regulations for the protection of minors.
  2. Suppliers have to ensure that they truthfully and appropriately describe and properly provide the services and performances offered via Nandaja to the other users. We strive for utmost quality of the offers presented by Nandaja. However, we are not responsible for the contractual performance of the respective supplier. However, if you, as user, have reason for a complaint, we would still appreciate a notification.
  3. Users may not abuse the services and performances provided by us. It is particularly prohibited:
    • to offer performances and/or services and/or products which are foreign to the focus "Travel and tourism to and/or in Sri Lanka";
    • to distribute damaging software such as viruses, worms or Trojans;
    • to attempt covert or improper data collection or data processing;
    • to use the performances for the distribution of spam, chain letters or otherwise unsolicited content;
    • to conduct unlawful advertising (e.g. for prohibited services);
    • to publish or collect for the purpose of wrongful usage personal data of third parties, particularly images, names, addresses, phone or fax numbers or email addresses without prior consent;
    • to publish advertising for offers which conceal an anterior contractual purpose;
    • to publish, advertise or impart fraudulent, extremist, racist, prohibited or violence-glorifying offers or content regarding our services or products.
  4. Subject to further claims and rights, we reserve the right to block or delete data and content violating these General Terms and Conditions or statutory regulations without prior notice. We are furthermore entitled to block content and data up to the final clarification of the circumstances and legal position, if third parties allege an infringement against us or if we obtain knowledge of the suspicion of a legal violation.
  5. Users have to keep sensitive data, particularly passwords, secret. In the event of misuse or the suspicion of misuse, the user has to inform us without undue delay.
  6. We are entitled to commission third parties with the provision of parts or all of the performance range of these websites. Our responsibility for statutory or contractual obligations remains unaffected.
  7. The user indemnifies us and our contractual partners from all damages and expenditures incurred by us due to legal violations committed by the user in connection with the usage of our products, services and internet offers. The indemnification also includes costs for legal defence.
  8. Our services do not include the provision of back-ups. The user is obligated to adequately secure the information entered in the context of our services prior to the transfer to us. In the event of loss of data, we are maximally liable for the expenditure, which would have occurred for the restoration if the data had been properly secured.
  9. We are entitled to point out the user's responsibility for publically available services with suitable means.
  10. As a supplier, you are obligated to observe the statutory regulations applicable for your trade. This particularly comprises commercial law and taxation requirements.

IV. Information and offers/travel information

  1. We have researched the information published on our website to the best of our ability. We strive for current, lively and informative reporting. However, we cannot assume liability for the correctness, completeness or current validity of our editorial content. Our performance does not comprise the provision of information pertaining to safety, medical issues and other individual, travel-related factors. We are not liable for contents of third parties, particularly advertising or information provided by suppliers, or claim them as our own.
  2. Users are asked to obtain information regarding all relevant aspects of a planned trip. We particularly recommend the respectively current country information of the Foreign Office for travel and safety information:
    http://www.auswaertiges-amt.de/DE/Laenderinformationen/00-SiHi/SriLankaSicherheit.html?nn=555292?nnm=555292.

V. Provision

  1. We principally provide our internet offers 24 hours per day at 365 days per year. However, we do not owe the successful download in any individual case. We do not owe the provision of our services with a certain temporal availability and are particularly entitled to suspend services for the purpose of ministration, maintenance, remedy of defects, the defence or prevention of wrongful use or in case of emerging security issues. In the event of a temporary short-term unavailability, the user's claim for pre-paid, not yet received performances remains. A claim for reimbursement or withdrawal from the agreement is excluded. We shall only suspend services at the necessary extent subject to the existence of sufficient reason, and remedy the matter as quickly as possible. We reserve the right to cease the online offer. In this case, the user is reimbursed for pre-paid, not yet received performances.
  2. Subject to an explicitly deviating agreement, we do not provide users with a certain, specially defined storage space or dedicated hardware.
  3. We reserve the right to alter the applied technologies (servers, operating systems, interfaces, software, websites) and means of communication and particularly adapt them to the latest state of technology. Subject to the fulfilment of our contractual obligations toward the user, we are entitled to amend, extend, limit or cease our services according to due discretion.

VI. Usage rights/usage for and by third parties

  1. We reserve all rights to the performances and contents provided by us. Copying, downloading, distribution and selling as well as storing of the content of our websites are not permitted without our explicit consent, with the exception of the contractual usage.
  2. The user may only use our products and services for third parties subject to our consent. The user is obligated to prevent access by unauthorised third parties. On-selling of our services requires our written consent. The user is responsible to us for all usage acts performed via his user account and is obligated to fulfil all obligations incurred with respect to the usage of his user account, unless in case of verifiable abuse or abuse attributable to us.
  3. For any data and content stored by us for the user, which is protected by copyright or any other manner, the user grants to us the non-exclusive right limited to the duration of this agreement to copy, process and otherwise exploit and utilise the data and content in the context of fulfilment of our contractual performance obligations as well as for purposes of data back-up.

VII. Participation of user

  1. The user has to provide to us all essential information necessary for the performance purchase and inform us of any problems and alteration requirements in due time. We are entitled to consider the user's notifications as correct and complete and are not obligated to research.
  2. The user only provides us with such templates, data and other content the usage of which does not represent the violation of third party rights by us. In particular, the supplier has to ensure that he possesses the necessary usage rights for all texts and images/photos published via Nandaja and that he observes the regulations of the respective license agreement when using such works. If we are supposed to publish personal data for the user, the user has to ensure compliance with all relevant regulations according to the Data Protection Act. The user exempts us from damages, expenditures and third party claims due to a breach of law not attributable to us according to these contractual conditions, and which occurs based on the execution of a customer order. This exemption also comprises the costs of appropriate legal defence within the limits of the law.
  3. The user is responsible to create the circumstances within his sphere of business necessary for the correct execution of the contract. This particularly concerns the hardware and software required to implement the performance, unless we are explicitly obligated to their provision.
  4. The user is liable for his participations; he is particularly obligated to check data carriers and files for viruses and other malware with a current, state of the art anti-virus program prior to their transmission to us.

VIII. Terms of payment

  1. The viewing of content, the contacting and usage of other free-of-charge services of Nandaja is gratuitous for users. Suppliers pay a fee to us for their advertising and their presence at Nandaja, the amount of which is based on the "price list" respectively applicable at the time of formation of the agreement with the supplier.
  2. Unless otherwise agreed or specified our invoices for commercial suppliers with access are due and payable per PayPal within three working days. We reserve the right to only activate the user account upon prior payment of the fee for the respectively booked performance.
  3. The user is responsible for costs incurred on his side, such as the costs for access to the internet or the transmission of data as well as any necessary license costs for software.
  4. The user has to ensure sufficient account cover. The user is obligated to reimburse any damage incurred through return debit notes due to non-coverage of the account.
  5. If the user is in default, we are entitled to demand immediate payment of the entire remuneration owed by the user for the ongoing and not yet completed contractual period and to suspend the performance up to the complete settlement of the total amount. In this case, any agreed deferred payment terms for future contractual periods become obsolete and the regular payment modus (generally payable annually in advance) applies. In case of default, we are furthermore entitled to block the access of the user to our services up to the payment of all accounts receivable.
  6. The user is only entitled to the off-set if his counter claims were accepted by us or legally determined. The user is furthermore only entitled to a right of retention in as far as his counter claim is based on the same contractual relationship.

IX. Operator's liability

  1. We are liable for damages gross negligently or intentionally caused by us our legal representatives or vicarious agents and for the violation of essential contractual obligations (cardinal obligations). Any liability for minor and simple negligence is excluded, regardless of the legal reason.
  2. We are not liable for facilities or services outside our sphere of influence, particularly not for the unavailability of our services due to defects of the Internet or the services or facilities used for the internet or access mediation.
  3. We are not liable for the compensation of indirect damages, particularly for lost profit. In the event of a non-gross-negligent violation of a cardinal obligation, we are furthermore only liable up to the amount of the typically foreseeable damage at the time of the conclusion of the Agreement.
  4. The liability for damages to life, body and limb, any assumed warranties and the liability according to the ProdhaftG (Product Liability Act) are excluded from the above-mentioned liability limitations.
  5. If our liability is excluded or limited, this also applies in favour of our legal representatives, organs and employees and respectively also for compensation claims.

X. Final conditions

  1. The laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) apply for this agreement. This choice of law only applies for consumers if the protection granted to the consumer according to mandatory regulations of the laws of the state of the consumer's usual place of residence is not withdrawn.
  2. The European Union has established and online platform ("OS-Platform") for the out-of-court settlement of disputes according to consumer law. The OS Platform is designed as a contact point for the out-of-court settlement of disputes concerning contractual obligations arisen from online purchase agreements. The Platform is available at http://ec.europa.eu/consumers/odr.
  3. Hamburg is the exclusive place of jurisdiction for all disputes arising from this agreement if the contractual partner is a merchant, a legal person under public law or a special fund under public law, or if the contractual partner does not have general jurisdiction in the Federal Republic of Germany.
  4. Any possible invalidity of individual conditions of these General Terms and Conditions does not affect the validity of the remaining conditions. The statutory regulations shall replace any existing invalid issues. However, if this would constitute unreasonable hardship for one contractual party, the agreement is invalid in its entirety.

© Reprinting and/or entire or partial utilisation only with written consent

Version: 06/2016