Rules

Rules

I. GENERAL PROVISIONS

1. These Rules define the terms and conditions of Gogloob Services, for a price given in the Price List, the terms and conditions of participating in Auctions and purchasing “Buy Now” Offers, and also the terms of sale of Tourist Services offered by Gogloob and Tour Operators.

2. These Rules make an integral part of the contract concluded by the User and Gogloob. The Home Page always displays a link to a current version of the Rules.

3. By logging in to the Gogloob.com Service you accept these Rules in their current version, on terms defined in section XI clauses 1-4 of the Rules

4. Definitions

Terms used in the Rules have the following meaning:

4.1 Gogloob

Oy Gogloob Ltd

Bulevardi 48 C 58

00120 Helsinki, Finlandia

Vat no. FI2576390-1

4.2 Gogloob.com / Service

A trading platform operated by Gogloob in the English language at internet address: gogloob.com for the sale of Tourist Services offered by Gogloob and Tour Operators.

4.3 Tourist Services

A Service of tourist nature offered by Tour Operators according to a description in the Transaction.

4.4 User

A person having access to the services offered by Gogloob at Gogloob.com on terms and conditions contained in the Rules.

4.5 Bidder

A user who has made a bid for purchasing Goods at an auction during a bidding Transaction.

4.6 Buyer

A User proceeding to buy or a buyer of Goods from Gogloob regardless of the type of Transaction.

4.7 Tour Operator

A natural or legal person or an entity without legal personality who is the actual provider of the Tourist service.

4.8 Transactions

Procedures for transacting sales contracts of Tourist Services defined in sections IV and V of the Rules.

4.9 “Buy Now”

Sale of items under the terms and conditions of these Rules, defined in detail in section IV.

4.10 Auction

Sale of items under the terms and conditions of these Rules, defined in detail in section IV.

4.11 Overbid

Use of the Service function that makes it possible to declare a will to purchase an Auction item at a price higher by the Increment than the Current Price, thus enabling conclusion of a sales contract for the given Auction item.

4.12 PeGG (GoGloob Overbid)

The right to single Overbid or another action described in the Rules or at the Service Internet Site where PeGGs are purchased from Gogloob according to the Price List. The purchased PeGGs are stored at the User Account.

4.13 PeGGback

At any time Gogloob may return some PeGGs to losing bidders. Such return applies to all participants who fail in bidding on equal terms over a defined period.

4.14 Price List

Information about the current price of one PeGG, displayed at the Service pages.

4.15 Account

An account operated by Gogloob for the User under a unique name (login) being a resource of User data and User operations at Gogloob.com.

4.16 Registration

The procedure of opening an Account at Gogloob.com.

4.17 Rules

These Rules of Gogloob.com. The current Rules are always displayed under a relevant link at Gogloob.com.

4.18 Increment

Placing of the best offer by the User during an Auction.

4.19 Winning Bid

A confirmation of the end of Auction in the form of an internal message, available at the User Account, that is sent to the Auction Winner by Gogloob, as provided by section V clause 6 of the Rules.

4.20 Web page of “Buy Now” or Auction

A web page of “Buy Now” or an Auction containing important information, in particular: a description of the offered Tourist Service, its price (in the case of “Buy Now”) or value (in the case of an Auction), information on documents necessary to use the Tourist Service and the name of the Tour Operator.

4.21 Opening Price

The opening price of an item offered by Gogloob at the beginning of an Auction.

4.22 Current Price

A price offered by the Current Winner. If no User makes an Increment, the Current Price equals the Opening Price.

4.23 Purchase Price

A price indicated by the Tour Operator for which the User may purchase an item offered as “Buy Now” or a price offered by the Auction Winner for which he or she buys the auctioned item.

4.24 “Buy Now” Buyer

A buyer purchasing an item using the “Buy Now” option under terms defined in section IV.

4.25 Current Winner

A User who has remained a Bidder, provided no other User makes an Overbid before the End of Auction under terms defined in section V.

4.26 Auction Winner

A User who has won an Auction under terms defined in section V.

4.27 Cookies

Text information recorded on the User’s computer or another terminal for further reference by servers when the User’s computer or terminal are reconnected.

II REGISTRATION

1. Registration in the Service is free of charge.

2. Registration in the Service requires acceptance of these Rules. By registering the User declares that he or she has read the current version of the Rules and accepted their contents being aware of resulting rights and duties.

3. Registration is open only to natural persons over 18 years of age with full legal capacity, provided previously Gogloob has not terminated their contract to use the Service because of their violation of law, principles of community life, fair practice or provisions of these Rules.

4. If a User is found to have registered again despite his or her contract was previously terminated for reasons given in clause 3 above, such User’s account is blocked immediately and all his or her PeGGs are forfeited as contractual penalty for a repeated flagrant violation of the Rules.

5. Registration requires filling in a registration form according to instructions at the Service site.

6. All the personal data submitted must belong to the person ordering the service and be true, in particular the first name, surname and e-mail address. Gogloob cannot be held responsible for inconsistency with actual data of the data given by Users on their Accounts. Modification of data following registration is possible only in justified cases after contacting Gogloob.

7. Successful registration in the Service is confirmed by a system e-mail sent to the address given in the registration form.

8. Registration of an Account in the Service is equivalent to signing a contract between the registered person and Gogloob  and concerning services rendered by Gogloob in the Service on terms defined in these Rules.

9. The User cannot change the User name adopted during registration.

10. Every Account must have a unique User name.

11. Each User may have only one Account. Users are identified by their first name, surname and birth date.

12. Users are not allowed to use Accounts of other Users or make their Accounts available to other persons.

13. Accounts are inalienable.

14. Gogloob reserves the right to verify and check User data during and after registration process. Moreover, if false data are discovered Gogloob reserves the right to block the User’s access to the Account. In particular, the Account will be blocked if details of the registered person are inconsistent with actual data.

15. In case of a change in personal details of a User, such user is obliged to update the data immediately or the User’s account may be blocked.

16. The User’s activity within the Service must be consistent with the law, Rules and also principles of community life and fair practice, in particular with regard to actions taken up in concord with another Auction participant or a third party that would affect Auction results. The User’s activity contrary to the above provisions may result in blocking such User’s Account and lead to termination of the Service contract, refusal to accept the Winning Bid and imposition of contractual penalty as provided for in section V clause 14.

17. Users may participate in Competitions organised by Gogloob on terms defined in Competition Rules published at a dedicated web page of the Service. Such Competitions are not games of chance under relevant regulations of the law of Finland.

18. Technical requirements for using the Service: an internet browser with graphical interface and enabled JavaScript SSL encryption.

III TOUR OPERATOR

1. The right to offer “Buy Now” Tourist Services rests with the Tour Organiser.

2. Tourist Services offered by the Tour Organiser with “Buy Now” option will be similar to those offered at Auctions for Purchase Price.

3. A possibility of offering “Buy Now” Tourist Services at gogloob.com is governed by separate agreements between the Tour Operator and Gogloob.

4. The Tour Operator is solely responsible to Clients for proper performance of Tourist Services according to description, either those  won at an Auction or purchased as “Buy Now”.

IV “BUY NOW”

1. “Buy Now” is an option to purchase a Tourist Service at a Purchase Price given by the Tour Organiser, without need to participate in an Auction. The User may use “Buy Now” under a relevant link at the home page of gogloob.com.

2. “Buy Now” can be used by every User of the Service with an active Account.

3. “Buy Now” purchase is made in the form described in this section by clicking on the button “BUY NOW” displayed at the “Buy Now” page, wherefrom the User is redirected to the Tour Organiser’s page that offers a possibility of carrying out the transaction on terms agreed with the Tour Organiser.

4. Users willing to benefit from “Buy Now” are not allowed to use any software that has not been authorized by Gogloob, with provisions of section V clauses 14 and 15 applicable accordingly.

5. Employees of Gogloob and the Vendor or their close relatives are not allowed to participate in the “Buy Now” programme.

V AUCTION

1. Every Auction is held in accordance with rules described in Auction Terms and Conditions.

2. The Auction starts at the moment when the Overbid function is activated by Gogloob at the Auction Page.

3. The Opening Price is stated in the Auction Terms and Conditions.

4. Rules of making an Overbid:

4.1. The User makes an Overbid from the PeGG Lot available at User Account by using the option “OVERBID” at the Auction Page or another Service page referring to the given Auction.

4.2. Overbidding is possible only when the User’s PeGG Lot contains at least 1 PeGG.

4.3. Making an Overbid decreases the PeGG Lot by at least 1 PeGG, according to the Auction Terms and Conditions.

4.4. Once an Auction is started, the Service makes current updates (every second) of the Time remaining until the End of Auction.

4.5. Every Overbid made by an Auction participant prolongs the Time to the End of Auction, giving it a value equal to the Time for Overbid, provided the Time to the End of Auction is shorter than the Time for Overbid.

4.6. The Current Price is shown at the Auction Page.

4.7. With every Overbid the Current Price of the auctioned item is increased by the Increment amount specified in Auction Terms and Conditions.

4.8. The last User to make an Overbid becomes the Current Winner.

4.9. An Auction comes to an end when the message “Closed” appears at the Auction Page.

4.10. The Current Winner becomes the Auction Winner with the End of Auction, while The Current Price becomes the Purchase Price.

After closing an Auction Gogloob sends an e-mail to the Auction Winner with confirmation of the win (Winning Bid) immediately after performing procedures mentioned in clause 13 of this article.

The Auction Winner enters a Service purchase contract on terms defined in article VII and described in detail in the Auction Terms and Conditions at the moment of placing the Winning Bid,  for the Purchase Price. The contract cannot be entered when the Auction is declared invalid under provisions of clause 14 of this article.

Terms of the sale contract, delivery, warranty and payment are contained in articles VII and VIII of the Rules.

4.11. The User participating in an Auction cannot retreat the Overbids he or she has made. Participation in an Auction does not guarantee a win and it depends solely on Auction participants.

Users participating in an Auction or making an Overbid are not allowed to use any software that has not been authorized by Gogloob.

4.12. The User may participate in any number of Auctions.

4.13. When an Auction is closed, Gogloob conducts an immediate verification of the technical course of the Auction and its consistency with the Rules.

4.14. Gogloob reserves the right to invalidate an Auction if one of the Users used software unauthorised by Gogloob or otherwise violated the law, fair practice (in particular by acting in agreement with another Auction participant or a third party in a way that affected the Auction result) or the Rules, and also if a System failure or a technical error occur in a way affecting the course of an Auction. Auction invalidation and its reasons are communicated to all the participants immediately by an internal message, available at the User Account, and Accounts of Auction Participants are updated by returning PeGGs used in that Auction, except for the User mentioned in the preceding sentence. Moreover, Gogloob has the right to block such User’s Account, reject the Winning Bid and impose a sanction: forfeiture of all PeGGs accumulated on the Account as a contractual penalty for violating the Rules.

If Gogloob reveals violation of the law, fair practice or the Rules during an Auction, Gogloob reserves the right to exclude the violating User immediately by blocking such User’s Account, refuse to accept the Winning Bid and also impose a contractual penalty of forfeiture of the PeGG Lot and  possibly apply sanctions under article X clauses 1.1. and 1.2.

4.15. If a failure or technical error mentioned in the preceding  clause can be repaired in a short time, Gogloob suspends the Auction and removes the failure or error.

4.16. Gogloob may introduce special types of Auctions which is communicated to Users on the Auction and Log-in pages or in a separate message. Features and rules of such special auctions that differ from those described in this article will be defined in the Help or FAQ tabs.

4.17. Employees of Gogloob and the Vendor or their close relatives are not allowed to participate in Auctions.

VI FEES

1. The right to Overbid in the course of an Auction described in section V is subject to payment. In order to use a Service function that makes it possible to voice one’s will to buy an offered item it is necessary to purchase PeGGs. Payment of the Overbid fee does not relieve the Auction Winner from paying the Purchase Price.

2. In order to buy PeGGs one has to choose a number of PeGGs to be bought according the Price List indicated at the Service Site, select a form of payment and pay the required amount. Once the payment has been effective, the User is granted the right to Overbid.

3. Fees for Gogloob Services are paid through recognised third parties.

4. Purchased PeGGs increase the PeGG Lot at the User Account.

5. Returnable PeGGs and PeGGs expire after 180 days from their date of purchase of award. After the expiration period unused PeGGs are automatically removed from the PeGG Lot at the User Account. In this case appeal proceedings are excluded.

6. PeGGs used by the User are automatically drawn from the User’s Account.

VII TERMS AND CONDITIONS OF SALE

1. The User and the Tour Organiser enter a Tourist Service Sale Contract in the case of both Auctions and “Buy Now”. Such agreements are made according to provisions of the Rules and arrangements with the Tour Organiser.

2. The User making purchase with the “Buy Now” option is obliged to pay the Purchase Price at the moment of purchase. The User who has placed the Winning Bid is expected to pay the Purchase Price within seven days from the date of the Winning Bid.

3. A purchased or won Tourist Service will be carried out on terms and at the date specified in the description of the Service.

4. If the terms and conditions of a Tourist Service indicate a time span for benefitting from the Service, within seven days from the Purchase the Buyer is obliged to specify the date of using the Service.

5. Gogloob cannot be held responsible if the Buyer fails to present an adequate document to cross the state border. Such circumstance does not relieve the Buyer from obligation to pay the Purchase Price nor is a basis for demanding return of used PeGGs.

6. The User may withdraw from the sale contract without giving reason within 14 days from the receipt of the object of sale. Such withdrawal must be in writing or have the form of an internal message available at the User Account. Withdrawal from a contract does not provide a basis for demanding return of used PeGGs.

7. Return of the Purchase Price and  financial compensation mentioned in the above clause will be transferred to the User-specified bank account within seven days.

8. Users are entitled to complain about items purchased at “Buy Now” or Auction. In complaint proceedings the party responsible for proper performance of the Tourist Service is the Tour Operator.

9. Gogloob cannot be held responsible for any discrepancy between the object of sale and the contract if the user was aware of the discrepancy or should have reasonably known about it or if such defects appeared after the sale for reasons without the Vendor’s fault.

10. Complaints about the object of sale may be filed electronically be sending the Vendor [] an e-mail, writing in the subject line “COMPLAINT” and providing the name of “Buy Now” or Auction.

11. The Tour Organiser is obliged to respond to a complaint within 14 days in the form of an internal message available at the User Account or in the form of reply to the User’s e-mail.

12. If a complaint needs to state additional information, the Tour Organiser returns it to the User for this purpose and the response time specified in the preceding clause is adequately prolonged.

VIII COMPLAINTS

1. If in the User’s opinion the Service works incorrectly or inconsistently with the Rules, the User may file a Complaint.

2. Gogloob will use its best efforts to ensure proper and continuous operation of the Service.

3. The Service home page will display information about any down time, technical errors and failures, stating the resulting consequences for all users.

4. In cases mentioned in the Rules the User Account may be blocked for a period necessary to verify User operations in the aspect of their consistency with the Rules, to prevent possible damage for other Users, third parties and Gogloob, and to apply sanctions provided by the Rules.

5. Complaints may be filed electronically be sending Gogloob an e-mail: []

6. Gogloob is obliged to respond to a Complaint within 14 days in the form of an e-mail available at the User Account or in the form of reply to the User’s e-mail.

7. If a Complaint needs to state additional information, Gogloob returns it to the User for this purpose and the response time specified in the preceding clause is adequately prolonged.

IX CONFIDENTIALITY, PRIVACY. USE OF SERVICE DATA

1. Gogloob collects and processes personal data of Users in accordance with the law, provisions of these Rules and the Policy of Privacy and Use of Cookies in a necessary extent to perform and clear accounts of services rendered under agreement. Gogloob may transfer User data to third parties.

2. Gogloob will not reveal personal data of Users without their explicit consent, subject to clauses 3 and 4 below.

3. Gogloob may reveal User data to entities that are authorized to receive them on the basis of legal regulations.

4. Gogloob reveals User data to the Vendor in a necessary extent to perform provisions of the Rules.

5. Every User may access individual user data. In particular, every User may demand addition, correction or removal of individual data.

6. Gogloob reserves the right to store individual User data until the User’s payment arrears to Gogloob are settled or until the User’s violation of the Rules is clarified and the User’s responsibility determined.

7. Googlob warrants that individual User data are subject to protection pursuant to relevant Finnish regulations on personal data protection.

8. Gogloob declares that during the use of the Service Cookies are stored on the User’s computer. Cookies are stored with previous consent of the User. Failure to accept Cookies excludes possibility of using the Service.

9. Cookies do not introduce any configuration modifications to the User’s computer or another end device and in software installed in such equipment.

10. Contents of Cookies do not allow for User identification. Cookies are not used for processing or storing personal data. Identification is anonymous and concerns only the manner and form of using the Service.

11. Gogloob stores Cookies on Users’ computers for:

11.1. Continuation of User session (after logging in).

11.2. Verification of User identity.

11.3. Better adaptation of the Service Users’ needs.

11.4. Remembering User preferences and individual settings.

11.5. Checking correctness of the course of “Buy Now” and Auctions.

12. Gogloob cannot be held responsible for Cookies sent by other internet sites that are linked  from the Service site.

X TERMINATION OF AGREEMENT

1.1. Gogloob may terminate this agreement for important reasons at any time, and at the 14-day notice if no reason is given. The User may terminate this agreement at any time.

1.2. Gogloob terminates this agreement by notifying the User in an e-mail. If the agreement is terminated without a notice period for important reasons, the User Account is blocked, which does not exclude a possibility of filing a complaint by the User. If the agreement is terminated with a notice, the Account is blocked and closed after expiration of the last day of the notice period.

1.3. The User terminates this agreement by filling in a suitable form at one of the Service pages and sending it to the Gogloob e-mail address, this way starting the liquidation procedure described at “MY ACCOUNT” tab under “MY DETAILS” by clicking the button “LIQUIDATION OF USER ACCOUNT” or following  Account liquidation instructions in Help or FAQ tabs.

2. If the User terminates this agreement as mentioned in clause 1 and confirms that by submitting the User name and password, the agreement is terminated with an immediate effect.

3. Termination of the agreement dose not relieve its parties from mutual financial settlements.

XI FINAL PROVISIONS

1. Gogloob may modify these Rules at any time communicating this fact to Users on the home page, while Users have the right and duty to read the modified Rules before logging in for the first time after the modification. Logging in means acceptance of the modified Rules.

2. The said modification becomes effective at the date indicated by Gogloob on the home page and the log-in page.

3. Within seven days from notice about modifications, during the first logging in the User may refuse to accept modifications in the Rules by sending an e-mail to: [ ], which results in termination of the agreement to use Gogloob services.

4. If a User intends to refuse acceptance of modified Rules as described in clause 3 above, such a User should refrain from participating in “Buy  Now” and Auctions. Otherwise refusal to accept the Rules becomes effective only when Gogloob receives an e-mail with a declaration of refusal to accept the Rules, subject to clause 2 above.

5. All unregulated matters are be governed by relevant provisions of the Finnish Civil Code.

6. Any disputes resulting from this binding agreement of the parties are subject to jurisdiction a relevant court in Helsinki.