These General Terms and Conditions (“GTTD GTC”), together with the Privacy Policy (https://www.ThingsToDo app.com/privacy_policy) govern the use of the ThingsToDo app online mediation platform (“GTTD Platform”), which can be accessed through (i) http://www.ThingsToDo app.com and certain other websites powered by GTTD (collectively the “GTTD Website”), and (ii) certain mobile apps published by ThingsToDo app (“GTTD Apps”).
The GTTD Platform is available to users worldwide. Certain portions of these GTTD GTC will apply to you only if you reside in a specific country or region.
All Countries (Except the US): If you reside anywhere in the world except for the United States of America, Appendix A applies to you.
United States of America: If you reside in the United States of America (including its territories and possessions), Appendix B applies to you. Appendix B includes a mandatory, binding individual arbitration clause, which means that you agree to submit most disputes related to the GTTD Platform, our services, or these GTTD GTC, to binding arbitration rather than proceeding in court. You may opt-out of arbitration only by following the procedure in Appendix B. Appendix B also includes a mutual waiver of class actions or jury trials.
These GTTD GTC’s have been drafted, and shall be construed, in English language. Any translation of the GTTD GTC’s is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the GTTD GTC’s shall prevail.
1. About us
We, ThingsToDo Ltd., registered address [Insert Company Address], registered with [Insert Registration Authority], (“ThingsToDo” or “we” or “us”) are the operator of the GTTD Platform and are responsible for it accordingly. Our platform is available worldwide in multiple languages and is quick and easy to use.
We operate the GTTD Platform as an intermediary platform on which tours and activities (“Activity”) are offered online by a variety of local activity providers such as amusement parks, museums, tour guides, boat tours around the world (“Suppliers”). The Activities include, for example, guided tours, cooking classes, sightseeing tours by bus, boat trips, tickets for sightseeing, and other services. We act as a commercial agent for the Suppliers. The descriptions, photographs, and other content for its own Activities originate from the respective Suppliers. We therefore have no direct influence on such content.
2. Scope
2.1 These GTTD GTC apply to all visitors to and users of the GTTD Platform and to all content within the offered operating systems (currently iOS, Android) (“Users”). As soon as you use the GTTD Platform, you are obliged to comply with these GTTD GTC. Therefore, please read them carefully during your first use.
2.2 They are available online and apply to all of our services, unless more specific terms and conditions for a specific service prevail. Should this be the case, we will make this clear at the appropriate time. Any of your terms and conditions that conflict with or deviate from the GTTD GTC shall not apply unless we have expressly agreed to them in writing.
2.3 The use of the GTTD Platform is only for you personally, i.e. you may not use it under any circumstances for business purposes. Reselling tickets is absolutely forbidden! This means that any use that goes beyond your personal use in your private environment and/or serves commercial or business purposes, those personally connected to you and/or other third parties, in particular the commercial resale of tickets, is strictly prohibited.
3. What we do
3.1 You can view Activities on the GTTD Platform. The contract for the provision of the Activity is concluded exclusively and directly between you and the Supplier (“Service Agreement”). When you buy an Activity on the GTTD Platform, you are not buying anything from us, but directly from the Supplier. Service Agreements are concluded by us on behalf and for the account of the Suppliers. We act as a commercial agent for the Suppliers and are commissioned and authorized by the Suppliers to conclude transactions directly between Suppliers and Users (you) and to collect payments from the Users. We do not offer any activities ourselves and therefore do not become your contractual party to any Service Agreement. We do not act as the organizer, the landlord, reseller, or other contractual partner in relation to the Service Agreement with you. We receive a commission from the Supplier for brokering the Service Agreement.
3.2 You can filter the list of Activities by different parameters. The discovery wizard will show you Activities that match your criteria and are offered by a specific Supplier. If more than one Supplier is able to offer an Activity that matches the criteria entered in the discovery wizard, the applicable Activities will be displayed in an order based on factors including popularity, diversity, availability, cancellation rate, rating, performance over time, and amount of revenue generated.
3.3 In the interest of a fast and smooth process, you may direct questions about your booking to the ThingsToDo customer service. For this purpose, you can find various forms on Contact us ⎸ThingsToDo, as well as through our hotline. As commercial agents, we support the Suppliers in this process. We usually answer within 24 hours, or at the latest within 48 hours. Communication between you and the Supplier can also be done directly. In case of emergency, the contact details of the respective Supplier can be found on your voucher/ticket.
3.4 We reserve the right to make the use of the GTTD Platform, individual functions of the GTTD Platform or the extent to which individual functions can be used, subject to certain conditions, such as the payment behavior of the User (e.g. in the case of prior bookings) or the presentation of certain proof (e.g. proof of identity, purchase, payment, or ownership). We reserve the right to restrict your booking of Activities, or cancel Activities you have booked, in the case of suspected fraud, violation of these GTTD GTC, or violation of obligations under the Service Agreement, which become known to ThingsToDo.
3.5 We are not obligated to improve, extend (update/upgrade) or make available the content, functions and services provided via the GTTD Platform. We may discontinue our services and performances at any time; there is no right to continuation. However, if you have already concluded a Service Agreement with a Supplier, Section 15 applies to you.
4. Registration and GTTD account
4.1 Although registration is not required to access the GTTD Platform, you must register with us in order to use all features, for example, the “Wish List”.
4.2 In order to create an account (“GTTD Account”), you must enter your full legal name and email address in the registration form on the GTTD Platform and may set a password. If available, you can create an account without a password by using the option to create a passwordless account with an email verification link. You must keep this data secret so that no third party has access to your account. After clicking the button “Confirm email” you will receive a confirmation ‘welcome’ email from ThingsToDo. Your GTTD account has now been created.
4.3 You may only create one GTTD Account for yourself. You may not transfer the account to anyone else.
5. ThingsToDo Apps
5.1 Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited license to download, install and use the ThingsToDo Apps on your mobile device; provided that your installation and use of the ThingsToDo Apps is solely (i) for your personal use and for non-commercial purposes, and (ii) in accordance with the restrictions and limitations set forth in this Agreement. You may not copy, transfer, lease, loan, modify, adapt, create derivative works of, redistribute, or sublicense the ThingsToDo Apps and, if you sell your mobile device to a third party, you must remove the ThingsToDo Apps from the device before doing so. You may not reverse-engineer, disassemble, attempt to derive the source code of the ThingsToDo Apps, or any part thereof, except where such restriction is expressly prohibited by applicable law. All rights not expressly granted to you hereunder are reserved to us and our licensors.
5.2 ThingsToDo may from time to time, at its sole discretion, develop and provide ThingsToDo App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, “Updates”). Updates may also modify or delete certain features or functionality entirely. You agree that ThingsToDo has no obligation to provide Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your device is connected to the internet either:
- the hingsToDo Apps will automatically download and install all available Updates; or
- you may receive notice or a prompt to download and install available Updates.
You must promptly download and install all Updates. You acknowledge and agree that the ThingsToDo Apps or parts thereof may not properly operate if you fail to do so. All Updates will be deemed part of the ThingsToDo app Apps and subject to these terms.
5.3 You acknowledge that when you download, install, or use the ThingsToDo app Apps, ThingsToDo app may use automatic means (including, but not limited to, cookies, SDKs, and web beacons) to collect information about your device and your use of the Apps. You may also be required to provide certain information about yourself as a condition to downloading, installing, or using the ThingsToDo app Apps or some of their features. All information we collect is subject to our Privacy Policy. You may control certain data processing activities by choosing not to provide consent when prompted by the ThingsToDo app App.
6. Conclusion of Contract with ThingsToDo app – User Agreement
6.1 The subject matter of the contract with us, as the contracting party, is the use of the ThingsToDo app Platform free of charge (“User Agreement”).
6.2 The contractual relationship between you and us comes into effect as soon as you use the ThingsToDo app Platform (including installation of the ThingsToDo app App). Blocking, termination, or deletion of your account is possible at any time by contacting ThingsToDo app Customer Service via phone or by using the “Delete account” option in the contact form.
6.3 ThingsToDo app may unilaterally terminate your User Agreement, your account, or your access to the platform at any time with a notice period of one week. However, termination will only take effect once any already established service agreements with suppliers are executed or canceled. The right to terminate for good cause remains unaffected.
6.4 ThingsToDo app also offers the option to purchase Gift Cards, which can only be redeemed on the ThingsToDo app Platform. Gift Cards expire three (3) years after the end of the year of purchase, unless otherwise required by law. No cash payout is available, except where legally required. In cases of fraud, attempted fraud, or suspected illegal activity in connection with the purchase or redemption of a Gift Card, we reserve the right to block relevant customer accounts and/or request alternative payment methods. Gift Card balances can be checked via our support page.
7. Customer Service / Best Price Guarantee by ThingsToDo app
7.1 You can reach our customer service team via phone, chat, or email through the Contact Us page.
7.2 If you find an activity booked via the ThingsToDo app Platform (i) with the same conditions (date, city, number of persons), (ii) with the same services, (iii) at a lower price on the internet, (iv) bookable with the same supplier, and you prove this to us, we will pay you the difference between the ThingsToDo app booking price and the lower price found online. Offers that are part of trust or loyalty programs are excluded.
7.3 To use this best price guarantee, you must send us the link and/or a screenshot of the alternative offer. We will verify it, and if the price is indeed lower, we will pay the difference, which may also be provided as a voucher.
7.4 All special offers and promotions on ThingsToDo app are marked accordingly.
8. Payment at ThingsToDo app
8.1 The price displayed on the ThingsToDo app Platform (“Posted Price”) applies to the activity. The amount you pay (“Booking Price”) is the Posted Price minus any applicable discounts. Unless otherwise agreed, the Booking Price is due immediately upon booking.
8.2 For selected activities, you may be able to use the “Reserve Now, Pay Later” feature. This requires a credit card valid until at least the date of the activity. To confirm, a temporary charge of €0 may be placed on your card at booking. The Booking Price will be charged 72 hours before the activity. If the charge fails, you have 47 hours to complete payment manually. Failure to pay will result in automatic cancellation.
8.3 ThingsToDo app is entitled to receive payments in the name of and on behalf of the supplier (as a commercial agent), unless otherwise stated on the supplier’s invoice. Once you have successfully paid ThingsToDo app, your payment obligations to the supplier are considered fulfilled. If a service is priced in a foreign currency, ThingsToDo app may collect the payment in your local currency and convert it at the prevailing exchange rate. For highly volatile currencies, a reasonable exchange fee may apply.
8.4 ThingsToDo app is your point of contact for payments in connection with service agreements, acting as a commercial agent of the supplier. If you request a refund outside of the standard cancellation policy, we will forward the request to the supplier. Refund approval is at the supplier’s discretion, but if granted, we will process it on their behalf.
8.5 You must provide accurate payment details and update them promptly when changes occur. The accepted payment methods will be displayed during checkout. Additional charges by your payment provider may apply. You confirm that you are authorized to use the payment method selected.
8.6 In certain cases, your payment may be processed by another company authorized by us (a sub-agent). For example, if you reside in the USA or use a US-issued credit card, ThingsToDo app Operations Inc. (Address: 80 Pine Street, 24th Floor, New York, NY 10005) will process your payment. Payments to sub-agents are subject to the same terms and considered fully valid toward your obligations to the supplier. For payment-related questions, you may contact our local customer support team.
8.7 By authorizing a payment, you consent to your payment information being used to collect payment for the supplier. We reserve the right to make the use of certain payment functions or methods conditional on creditworthiness checks.
9. Changes and Cancellations
9.1 You may only cancel Service Agreements in accordance with the cancellation conditions stated in the Supplier T&Cs, the description of the Activity on the ThingsToDo app Platform, or on the voucher/ticket issued for the Activity.
9.2 To avoid misunderstandings, you must make changes (e.g., rescheduling the Activity date or changing the participants) and cancellations via the ThingsToDo app Platform, unless otherwise agreed. A cancellation or change can be made via the form available at Contact us ⎸ThingsToDo app. The request must be made in good time; what is considered “in good time” depends on each individual case (e.g., within the applicable cancellation period) and may depend on the Activity’s availability. It is therefore essential that you carefully read all terms and conditions on the Activity page or the Supplier T&Cs. The decisive factor for a timely cancellation is the timely receipt of the notification by ThingsToDo app. If these conditions are met, we will issue a cancellation/change confirmation on behalf of the Supplier, which must be kept as proof.
9.3 We may notify you of changes or cancellations on behalf of the Supplier, especially for short-notice updates, via your provided telephone number and by sending changes to your registered email address.
9.4 Unless different cancellation conditions are specified in the Activity description on the ThingsToDo app Platform, the Supplier T&Cs, or on the voucher/ticket, the following cancellation conditions apply:
a) For cancellations more than 24 hours before the start of the Activity: full refund of the Booking Price; and
b) For cancellations 24 hours or less before the start of the Activity, or in the case of a no-show: no refund.
9.5 Refunds after a cancellation will be issued using the original payment method used for purchase. At your discretion, refunds may alternatively be provided in the form of a ThingsToDo app credit, to which Section 6.4 applies (replacing the term “Gift card” with “ThingsToDo app credit”).
10. Reviews and Other User Content
10.1 We offer you the opportunity to view reviews and other content posted by other users on the ThingsToDo app Platform. Reviews reflect the personal opinion of each user from a specific point in time and may be shaped by personal expectations. Activities may have changed since a review was posted. The number of reviews and ratings should also be considered, as one opinion alone is less meaningful than the summary of many.
10.2 You can contribute to the ThingsToDo app Platform by writing reviews of Activities you have purchased or by posting pictures (together, “User Content”). You are fully responsible for any User Content you post. It is strictly forbidden to post User Content that:
(i) is untrue or misleading;
(ii) openly or covertly advertises products, services, or companies;
(iii) is created in return for remuneration from a third party;
(iv) is created by or at the direction of the Supplier who provides the Activity;
(v) violates intellectual property, privacy, or other third-party rights; or
(vi) contains links or similar references that impair the functioning of third-party data systems.
10.3 You must ensure you hold all necessary usage rights for images before uploading User Content. Images or photos showing other people may only be uploaded if those persons gave their consent. If you use photos taken by someone else, you also need that person’s consent.
10.4 User Content may not violate legal provisions, morality, or third-party rights. Content containing violence, pornography, discrimination, insults, racism, defamation, or other illegal material is strictly forbidden.
10.5 You retain ownership of your User Content. However, by posting, you grant ThingsToDo app a non-exclusive, sublicensable, worldwide, royalty-free license to use, reproduce, adapt, translate, modify, perform, display, distribute, and create derivative works of your User Content (i) on or through the ThingsToDo app Platform, (ii) via ThingsToDo app partners, and (iii) in online and offline marketing materials.
10.6 ThingsToDo app may remove User Content at its sole discretion, for example, if it violates these terms. We are not obligated to retain copies of removed User Content.
10.7 ThingsToDo app, its affiliates, and partners may display advertisements next to User Content on the Platform or other media. You are not entitled to any compensation for such ads. We reserve the right to change the scope and type of advertising without prior notice.
11. Data Protection
11.1 All personal data collected through the ThingsToDo app Platform is processed by ThingsToDo app as the data controller, in accordance with data protection laws and our Privacy Policy. We may share your personal data with Suppliers to the extent necessary for executing Service Agreements, complying with legal obligations, or for other lawful purposes. Suppliers are independent data controllers and are solely responsible for their processing of your personal data.
11.2 You can find details on exercising your data protection rights in our Privacy Policy.
12. Indemnification
12.1 You agree to fully indemnify ThingsToDo app, our agents, and partners for all damages, costs, and expenses (including legal defense fees) incurred as a result of:
12.1.1 your intentional or negligent misrepresentation, act, or omission while using the Platform;
12.1.2 your intentional or negligent non-compliance with these GTTD GTC; or
12.1.3 third-party claims arising from your access to or use of the Platform that violates these GTTD GTC.
13. Assignment
You may not transfer or assign your rights or obligations under these GTTD GTC, except for claims for damages.
14. Severability
If any provision of these GTTD GTC is found invalid or unenforceable, the remaining provisions remain valid. Statutory law shall replace any missing or invalid provisions. If statutory law is unavailable or leads to unacceptable results, the parties shall negotiate a valid replacement clause that best aligns with the intended purpose.
15. Supplier – Service Agreement
15.1 Conclusion of contract with the Supplier
15.1.1 If you select and purchase an Activity on the ThingsToDo app Platform, you conclude a contract directly with the Supplier. ThingsToDo app acts solely as the Supplier’s commercial agent.
15.1.2 After checking the availability of the Activity, you add it to your cart via “Add to cart.” By selecting “Checkout,” you will be asked for mandatory details, including payment method.
15.1.3 By clicking “Pay now,” you submit a binding offer to conclude a Service Agreement with the Supplier. You are bound to this offer for two working days. We will then send you an automatic order confirmation on behalf of the Supplier, which does not constitute acceptance.
15.1.4 Suppliers may provide their own terms and conditions (“Supplier T&Cs”). Please read these carefully, as they may affect cancellation rights or refunds. In case of conflict, the more favorable condition for you shall apply between you and the Supplier.
15.1.5 A binding Service Agreement is concluded once you receive a booking confirmation issued on behalf of the Supplier, along with a voucher/ticket and payment confirmation. We reserve the right to reject offers at our sole discretion.
15.1.6 The contract is not stored as a separate document but consists of the Activity description, applicable provisions in Section 15 of these GTTD GTC, and—where applicable—the Supplier T&Cs.
15.1.7 You must check the booking confirmation immediately for accuracy.
15.2 Prices
15.2.1 Posted Prices are generally inclusive of all taxes and fees unless otherwise stated. Additional local taxes or fees may apply and will be disclosed in the Activity description.
15.2.2 Prices may be subject to special conditions regarding cancellations and refunds as set by Suppliers. Please review carefully before booking.
15.3 Provision of the Activity
15.3.1 You must arrive on time at the Supplier’s meeting point. If traveling internationally, you are responsible for valid travel documents and compliance with requirements.
15.3.2 The Booking Price does not include insurance. You are responsible for obtaining appropriate coverage. Travel insurance is strongly recommended for high-risk or outdoor activities.
15.3.3 Suppliers are independent contractors, not employees or agents of ThingsToDo app. We are not liable for their actions, errors, or omissions.
15.3.4 The Supplier’s time zone governs deadlines and timing.
15.4 Supplier’s Rights
15.4.1 The Supplier may cancel an Activity without notice if unforeseeable external circumstances (e.g., weather, strikes, force majeure) make performance impossible or unsafe. The Booking Price will be refunded, but further claims must be addressed to the Supplier.
15.4.2 The Supplier may exclude you if (i) you don’t meet participation requirements, (ii) your participation endangers others, or (iii) you disrupt the Activity. In these cases, no refund will be issued.
15.4.3 The Supplier may make minor program changes if necessary (e.g., change of meeting point within 15 minutes walking/public transport). Such changes may be communicated up to 24 hours before the Activity by email or via the Platform.
16. Final Provisions
16.1 For the purpose of fulfilling the contract and exercising rights due to us under these GTTD GTC, we may use other ThingsToDo app companies and third parties as vicarious agents.
16.2 We may amend or adjust these GTTD GTC in the future, e.g., to take into account changes in the law, market changes, or regulatory gaps. We will inform you of such amendments in good time and in an appropriate manner. If you object, we or you may terminate your GTTD Account or your access to the GTTD Platform with immediate effect.
16.3 All notices and other declarations transmitted within the framework of these GTTD GTC must be made in writing (e.g., by email).
16.4 The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these GTTD GTC or any purchase made pursuant thereto.
16.5 The contract between you and us is formed and entered into in Berlin, Germany.
16.6 In these GTTD GTC:
- (i) “including” means “including but not limited to,”
- (ii) general words shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters, or things, and
- (iii) words suggesting the singular include the plural, and vice versa.
Captions and section headings used in these GTTD GTC are for convenience only and shall not be used in construing the GTTD GTC.
Appendix A
Clauses Applicable to Residents of All Countries (Except Residents of the U.S.)
A1. Scope
These GTTD GTC are directed exclusively at consumers within the meaning of §13 BGB (German Civil Code).
A2. Liability
A2.1 Except as set forth in Section A2.2, our maximum liability arising out of or in connection with the performance of our contractual obligations to you shall be limited to the typically foreseeable loss or damage resulting from a negligent breach of a fundamental contractual obligation. A “fundamental contractual obligation” under these GTTD GTC is one essential to the proper performance of these GTTD GTC and the breach of which jeopardizes their purpose, and which you as a user may regularly rely upon. Loss or damage is foreseeable if it was reasonably foreseeable at the time these GTTD GTC were accepted. We exclude liability for damages caused by a negligent breach of a non-essential contractual obligation.
A2.2 Nothing in these GTTD GTC excludes or limits liability for gross negligence, intentional injury, death, personal injury, or fraud. Mandatory statutory consumer rights remain unaffected.
A2.3 The above limitations do not apply where we fraudulently conceal defects in the GTTD Platform or expressly guarantee specific functionality. The same applies to claims under the Product Liability Act.
A2.4 No liability exists in cases of force majeure, including but not limited to: failures of electronic/mechanical equipment or communications, third-party actions (including denial of service attacks), connectivity issues, viruses, unauthorized access, theft, operator error, fire, severe weather (including floods), regulatory actions, acts of government authorities, war, riots, or labor disputes.
A2.5 You always have the right to prove to the Supplier that no damage occurred or that the actual damage is significantly lower than the cancellation fees demanded.
A3. Indemnification
A3.1 Damages in the sense of clause 12.1 also include compensation to which we may be exposed through our vicarious agents (as defined by German law) or assistants because of one of the events described in Section 12.
A3.2 These obligations apply only if you are responsible for the event(s) described in Section 12 or for violations of these GTTD GTC, i.e., you acted intentionally or negligently and directly caused the violation.
A4. Online Dispute Resolution
The EU online dispute resolution platform can be accessed here. We are neither willing nor obliged to participate in dispute resolution before a consumer arbitration board.
A5. Governing Law
To the extent permitted by mandatory local (consumer) law in your country of residence, these GTTD GTC and our services will be governed by German law.
A6. Jurisdiction
- A6.1 For EEA residents: If your residence is within the EEA, disputes will be submitted to the competent courts in Berlin, Germany, unless mandatory local law provides otherwise.
- A6.2 For non-EEA and non-U.S. residents: If your residence is outside the EEA and outside the U.S., disputes will be submitted exclusively to the competent courts in Berlin, Germany.
A7. Right of Withdrawal
If you are a consumer (acting outside your trade, business, craft, or profession) and reside habitually in the EEA, you generally have a statutory right of withdrawal. Some contracts are excluded by law (e.g., contracts for leisure activities with a fixed date).
A7.1 Exclusion: The right of withdrawal is excluded for contracts involving leisure activities if the contract provides for a specific date or period of performance (e.g., tours, multi-day trips, tickets, guided tours, water activities, adventures, combination offers).
A7.2 Exercise: You may withdraw within 14 days of receiving goods/services. To do so, notify us at:
You may use the model withdrawal form provided, but it is not mandatory.
A7.3 Effects: If you withdraw, we will reimburse all payments, including delivery costs (excluding supplementary delivery costs chosen by you), within 14 days of notification. Refunds will be made via the same payment method unless otherwise agreed. You must return goods within 14 days at our expense. You are liable for any diminished value caused by handling beyond what is necessary to establish the nature and functioning of the goods.
Appendix B
Clauses Applicable Only to Residents of the U.S.
B1. Warranty Disclaimers
The GTTD Platform is provided “as is” without warranties of any kind. We disclaim all implied warranties (merchantability, fitness for purpose, etc.). We do not warrant uninterrupted, error-free, or virus-free operation. Supplier-provided data is not guaranteed complete or accurate.
B2. Activity-Related Liabilities
- B2.1 Injury Incidents: Activities are provided by Suppliers, not GTTD. Suppliers are independent. In case of injury, death, or loss during an Activity, claims must be directed to the Supplier, not GTTD or its affiliates.
- B2.2 Release: You and any Co-Travellers release GTTD and related parties from all claims relating to an Injury Incident.
- B2.3 Unknown Claims: You waive rights under California Civil Code §1542 and similar laws.
- B2.4 Covenant: You agree never to bring legal action against GTTD Parties relating to Injury Incidents.
- B2.5 Third-Party Beneficiaries: GTTD Parties are expressly named third-party beneficiaries of this section.
B3. Liability Limitations
- B3.1 Waivers: We are not liable for indirect, incidental, or consequential damages (lost profits, lost data, substitute services, etc.).
- B3.2 Maximum: GTTD’s liability shall not exceed the greater of:
(a) the amount you paid to GTTD in relation to the Activity, or
(b) USD $200.00. - B3.3 Allocation of Risk: This allocation of risk is fundamental to the agreement.
B4. Arbitration
B4.1 Binding Arbitration: All claims relating to the GTTD Platform, services, or these GTTD GTC shall be resolved by binding arbitration, unless specifically excluded in Section B4.4. Arbitration is final, binding, and replaces court trials, except as permitted otherwise.
B4.2 Opt Out. Notwithstanding Section B4.1, you may opt out of binding arbitration by following the Opt-Out Procedure here and mailing us a written notice, by the Opt Out Deadline. The opt-out notice must be postmarked no later than 30 calendar days after the earliest of (i) the date you first used the ThingsToDo app Platform, (ii) the date you first used our services, or (iii) the date of your first transaction with us (“Opt Out Deadline”).
The written notice must be sent to the following address: ThingsToDo app Legal Department, Sonnenburger Straße 71-75, 10437 Berlin, Germany. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
B4.3 Governing Law for this Clause. The parties agree that these GTTD GTC evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law.
B4.4 Excluded Claims. The following claims are not subject to binding arbitration and may be litigated in a judicial proceeding in a court of competent jurisdiction (as specified in Section B5): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger of the commission of a crime, hacking, or cyber-attack); or (iii) a request for the remedy of public injunctive relief, where such remedies are permitted and cannot be waived by applicable law. In addition, either of us may take a claim to small claims court, if the claim qualifies for hearing by such a court, subject to the limitations specified in Section B5.
B4.5 Arbitration Process. For all disputes, whether pursued in court or arbitration, you must first send us a written description via a form available at Contact us ⎸ThingsToDo app of your claim to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days of our receipt of the claim. The arbitration of any dispute or claim shall be conducted (i) before one neutral arbitrator, (ii) in English, (iii) under the Arbitration Rules of the International Chamber of Commerce (“ICC Rules”) together with the IBA Rules on the Taking of Evidence in International Commercial Arbitration (1999) (the “IBA Rules”) (where there is inconsistency, the IBA Rules shall prevail, but solely as regards the taking of evidence). Neither party is permitted to make any application pursuant to 28 U.S.C. § 1782. The arbitrator shall be empowered to award only those damages which are permitted in these GTTD GTC, subject to any disclaimers or damages and liability limits set forth in these GTTD GTC. The award rendered by the arbitrator shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. For claims under $25,000, the arbitration will not involve any personal appearance by the parties or witnesses but will instead be conducted based solely on written submissions, unless you request an in-person or telephone hearing, or the arbitrator determines that an in-person or telephone appearance is required. Hearings by telephone shall be preferred, unless the arbitrator determines that a party’s right to a fundamentally fair process would be impaired without an in-person hearing. In the case of an in-person hearing, the hearing shall be conducted in New York, New York, unless otherwise ordered by the arbitrator.
B4.6 Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, this Section B4 will not apply to you. If you opt out of binding arbitration in accordance with Section B4.2, this class action waiver will not apply to you. Neither you, nor any other consumer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having opted out of binding arbitration in accordance with Section B4.2.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
B5 Governing Law. Except as specified in Section B4.3, these GTTD GTC are governed by the laws of the State of New York, without regard to its conflict of laws rules.
B6 Venue. Any legal suit, action, or proceeding arising out of or related to these GTTD GTC or our services (including (i) any proceeding initiated by a User who has opted out of binding arbitration in accordance with Section B4.2, and (ii) any small claims proceeding) shall be subject to the exclusive jurisdiction of the State and Federal Courts located in Kings County, New York. Each party irrevocably consents to the personal jurisdiction of such courts and agrees that it is a convenient forum and that it will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.
B7 Jury Waiver. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.