General Terms and Conditions
1. SCOPE OF APPLICATION AND CONCLUSION OF AGREEMENT
(1) An effective game license agreement with Travland (hereinafter "Game License
Agreement") is required for participation in the Game. If the Game must be purchased,
the Game's use is only available to those who have purchased the Game and concluded a
Game License Agreement.
(2) By setting up a game account, the user submits a binding offer to conclude a Game
License Agreement for an indefinite period of time. In doing so, the user (hereinafter the
"User") is requested to agree to the inclusion of these GTC as amended from time to time.
Without such consent, participation in the Game shall not be possible.
(3) The validity of any terms and conditions of users of the Game (hereinafter "Users")
is hereby expressly rejected. Any terms and conditions of Users shall only apply if
Travland has expressly agreed to these in writing.
(4) Additional game rules, participation requirements, and communication standards for
the Game (collectively: "Game Rules") are published on the Game's websites or in the
Game itself, as applicable. By participating in the Game, the User also accepts these
Game Rules as binding. In case of discrepancies between these GTC and the Game
Rules, these GTC shall prevail over the Game Rules unless the Game Rules expressly
provide for precedence over these GTC.
(5) Travland offers the Game exclusively to consumers within the meaning of section
13 of the German Civil Code (BGB). Using the Game for profit or other commercial
purposes is not permitted. Participation in the Game is for entertainment purposes only.
(6) Travland offers participation in the Game to all persons who have reached the
age of 18 at the time of registration for the Game. Minors below the age of 18 are only
entitled to play if they have the consent of their legal representative. All persons
whose game account has been blocked in accordance with these GTC are explicitly
not eligible to participate.
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(7) Travland shall be entitled, but not obliged, at any time to demand written evidence for
the User's age of majority, or rather, the declaration of consent of its legal representative.
When a User below the age of 18 continues to use their game account upon reaching the
age of 18, their consent shall be effective instead of the consent of their legal guardian.
(8) The agreement must be concluded in person. Registration and login by third parties,
particularly third parties who make registrations of individual persons commercially with
various tele-media providers (registration services or entry services), are not permitted.
(9) With the successful setup of a game account, a Game License Agreement is
concluded that entitles the User to use the Game under the following conditions.
2. DESCRIPTION OF SERVICES
(1) Travland offers Users free use of the Game. In addition, Travland offers the User the
possibility of acquiring paid credits that can be used, among other things, to activate
premium features (additional paid functions). Credits are bound to the respective
gameworld and are only valid for the game account with which they were acquired.
Premium features may be subject to terms and expire over time. The respective terms are
clearly indicated at the time of purchase. Where available, Users may also have the option
of purchasing virtual goods or bundles of such virtual goods against payment.
(2) For the duration of the existence of the Game License Agreement, Travland grants the
eligible Users (see Section 1) a simple right to use the Game that is limited in terms of
territory, time, and content, and is revocable, non-exclusive, non-sublicensable, and nontransferable in its respective current version. The right of use applies exclusively to private,
i.e., neither commercial nor industrial use. The right of use is limited to the gameworld
selected with the game account. A User may not have more than one game account per
gameworld at any one time.
(3) The Game is a live game inherently characterized by the fact that it can change at
any time. Travland reserves the right to further develop the Game or the gameworlds,
the various free features, and the premium features in order to maintain interest in the
game for as many Users as possible in the long term. The User shall be appropriately
informed in this respect. No additional costs shall be incurred to the User as a result of
such changes.
(4) Travland reserves the right to discontinue the operation of the Game or individual
gameworlds at any time without giving reasons. Travland shall announce the
discontinuation of the operation of the Game or the gameworld in advance with a
reasonable period of notice in accordance with Section 9 of these GTC.
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(5) The following provisions of this Section only apply to Games organized in rounds:
Each gameworld goes through a life cycle ("Game Round"), which is influenced by the
progress of the players in that gameworld. At the end of the Game Round, the Game
ends with a winner, and the respective gameworld is reset, with all participants losing
their game progress achieved up to that point. This is a fundamental game mechanic.
Accordingly, Users are not entitled to retain their game situation or position at the end of
the Game Round or transfer it to another gameworld.
(6) At the end of a Game Round, Users may request that credits already purchased and
not used be transferred to another gameworld specified by the User. Credits can only be
transferred to gameworlds of the same Game and country version from which they were
acquired. Special servers may have deviating rules, which shall be communicated at
the start of the server. For premium features that have already been activated but
whose use has not yet begun at the end of the Game Round, the credits used to activate
the premium feature will be credited back to the User. The User shall receive
corresponding instructions by email. Travland will inform the User in the email about any
special cut-off periods to be observed for transfer to another gameworld and the
consequences of non-compliance.
(7) Users are also entitled to the rights in Paragraph (6) if a round of the Game is ended
prematurely due to a measure taken by Travland, and thus the natural end of the Game
Round is not reached.
3. PAID ACQUISITION OF CREDITS OR VIRTUAL GOODS
(1) For premium features, the purchase of credits, or the purchase of virtual goods,
the prices stated on the website at the time of the respective order are valid. All prices
include value added tax (if VAT is applicable). Travland is entitled to demand a fee
for the acquisition of credits or virtual goods in advance.
(2) Should Travland incur chargebacks or cancellations due to behavior for which the
User is responsible, Travland shall be entitled to discontinue the services and block the
User's game account as well as terminate the Game License Agreement in accordance
with the requirements of Section 9.
(3) Travland can offer the Users the option of having the block deactivated by paying
the service fees owed plus the additional costs incurred by Travland and a
processing fee. The offering of such an option is at the discretion of Travland.
Travland will always offer such an option, subject to Paragraph (4) of this Section,
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provided that the User can demonstrate that the chargeback or cancellation was caused
by a typo or similar excusable negligent or non-culpable conduct on the part of the User.
Travland will always refuse to re-activate the service if there are serious indications of
intentional behavior by the User. This applies in particular if there is reasonable suspicion
that the cancellation or chargeback is due to attempted credit card fraud.
(4) For the following countries, the unblocking of a blocked game account is generally not
possible for technical and legal reasons: Algeria, Armenia, Azerbaijan, Bahrain, Djibouti,
Egypt, Indonesia, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman,
Autonomous Palestinian Territories, Saudi Arabia, Somalia, Sudan, Tunisia, United
Arab Emirates, Vietnam, Western Sahara, Yemen, Qatar.
4. VIRTUAL CURRENCY AND VIRTUAL GOODS
(1) When credits are added to the User's game account, the User receives a simple
right of use for the credits acquired, which is limited in time to the Game Round and in
content to the gameworld, and which is non-transferable or sub-licensable. Accordingly,
when referring to the transfer of credits, the terms "sell" or "buy" mean the
transfer or acquisition of the right of use described above for a consideration. The
terms "buyer", "seller", "sale", and "acquisition", and similar terms have a corresponding
meaning in the context of credits. This shall also apply accordingly to other virtual goods.
(2) Any trading or exchange of credits, game money, or other virtual currencies, or any
virtual goods used in connection with the Game for real money or other consideration
outside of the Game is expressly prohibited. This shall not apply if such an exchange or
trade is carried out directly with Travland or if Travland grants express permission for such
a trade on platforms to be explicitly named by Travland. A violation entitles Travland to
terminate the Game License Agreements of all Users involved in the respective incident in
accordance with the requirements of Section 9 of these GTC.
(3) Notwithstanding all other agreements and the rights of Travland, the right to use
the credits shall, in any case, end when the Game License Agreement concluded
between Travland and the User ends.
5. WITHDRAWAL POLICY
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving
any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of
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the contract.
To exercise the right of withdrawal, you must inform us (Travland Games,
Milan - Europe - Italy, protest@Travlandgames.com) of your decision to
withdraw from this contract by an unequivocal statement (e.g. a letter sent by
post, fax, or email). You may use the attached model withdrawal form, but it is
not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your
communication concerning your exercise of the right of withdrawal before the
withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments
received from you, including the costs of delivery (with the exception of the
supplementary costs resulting from your choice of a type of delivery other than
the least expensive type of standard delivery offered by us), without undue
delay and in any event not later than 14 days from the day on which we are
informed about your decision to withdraw from this contract. We will carry out
such reimbursement using the same means of payment as you used for the
initial transaction, unless you have expressly agreed otherwise; in any event,
you will not incur any fees as a result of such reimbursement.
END OF WITHDRAWAL
POLICY
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the
contract.)
- To: Travland Games, protest@Travlandgames.com:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract
of sale of the following goods/for the provision of the following service
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(*),
- Ordered on (*) / received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
- Date
(*) Delete as appropriate.
Special notes:
The right of withdrawal shall expire prematurely for contracts regarding the supply
of digital content that is not contained on a tangible medium if Travland has begun
with the performance of the contract after the User:
1. has expressly consented to Travland beginning with the performance of the
contract prior to expiry of the withdrawal period, and
2. has acknowledged that by its consent, it loses the right to withdraw from the
contract upon the performance of the contract having commenced.
3. Travland has provided the User with confirmation in accordance with Section
312f of the German Civil Code (BGB).
The User is advised to state the name of the User, the game account, and the
gameworld (if applicable) in the subject line of an email cancellation.
6. OBLIGATIONS OF THE USER
(1) Game accounts are bound to the person registered at the beginning and may not be
sold, traded, given away, or otherwise transferred, unless this has been expressly approved
by Travland. A User may not share their game account with third parties unless this option
is expressly permitted by the type of game account (in particular "dual accounts").
(2) The use of the Game is only permitted through the regular channels provided for
this purpose. For browser games, this means that the usage is conducted via a
common internet browser that has not been specifically modified or manipulated with the
Game in mind. If, on the other hand, the Game requires the installation of a client, only the
unmodified client software originating from Travland in its respective latest version may
be used to play the Game. The use of older client software versions is, in most cases, not
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possible for technical reasons. Use of the Game through modified client software
originating from third parties is expressly prohibited.
(3) The User undertakes to comply with the laws and regulations applicable to them
when using all websites and Games operated by Travland.
(4) The User undertakes to comply with the applicable Game Rules.
(5) The following actions are prohibited when using the Game and the communication
and interaction options provided to the User by Travland, including the names and
titles to be chosen by the User in the Game:
Disseminating statements with insulting, harassing, violent, violence-promoting,
riotous, sexist, obscene, pornographic, racist, morally reprehensible, or otherwise
objectionable or prohibited content;
Insulting, harassing, threatening, scaring, or slandering of other Users;
Spreading statements with religious or political content;
Distributing commercial advertising or correspondingly promotional statements;
Any kind of spam or mass mailing of messages, especially messages with nongame related content, chain letters, pyramid schemes, and similar forms of spam;
Spying on, passing on, or disseminating personal or confidential information of
third parties (including Travland and Travland employees) or otherwise
disregarding the privacy of third parties;
Spreading untrue allegations about race, religion, gender, sexual orientation, origin,
social position of third parties or the employees of Travland;
Spreading untrue allegations about third parties or Travland;
Pretending to be an employee of Travland or an affiliated company or partner
of Travland;
Unauthorized use of legally protected materials, in particular pictures, photographs,
graphics, videos, music, sounds, texts, trademarks, titles, designations, software,
or other contents of third parties;
Use or distribution of prohibited content;
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Deliberate exploitation of bugs, exploits, other errors, vulnerabilities, or
weaknesses in the programming of the Game or the related website;
Taking measures that could lead to an excessive load on the servers and/or
massively affect the game flow for other Users;
Hacking or cracking as well as the promotion or encouragement of hacking or
cracking; this includes, in particular, the use of third-party software for this
purpose;
Creation or use of cheats, mods, or hacks, as well as the use of other software
produced by third parties which purposefully alters the game experience of the
Game, without this being expressly intended by the Game;
Spreading files that contain viruses, Trojans, worms, or other malware;
Use or distribution of software programs that have an automation function that
assists the User in playing the Game or takes over the Game in whole or in part.
This includes macros, bots, scripts, or other software programs and other "cheat
utility" software programs;
Modifying or altering the Game, the websites of the Game, or any part thereof;
Using software that enables "data mining" or otherwise intercepts, alters, or
collects information related to the Game, in particular data received and sent;
Infiltrating the game servers or website servers of the Game.
(6) Travland only provides a platform for communication between the players. The
User is responsible for the content of such communication. The platform is intended
only for game-related communication. Systematic misuse of the platform made
available for communication for non-game purposes is prohibited.
(7) A culpable violation of paragraphs (1) to (6) constitutes a breach of contract and may,
depending on the severity of the act of infringement, result in a deduction of game progress,
an immediate temporary suspension of the game account or an ordinary or even
extraordinary termination of the Game License Agreement in accordance with the
requirements of Section 9 of these GTC.
(8) Travland reserves the right to refuse the User the conclusion of a new Game
License Agreement after a permanent blocking or deletion of a game account,
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especially after an extraordinary termination of the Game License Agreement caused
by the User.
(9) The User must keep the password received for access to the Game confidential and
change it regularly for security reasons. If a third party makes use of a User's game
account after having obtained the related login data because the User is at fault for not
sufficiently protecting such data against unauthorized access, the User must allow
themselves to be treated as if the User themselves had acted. The User is free to prove
that it was not the User who acted and that the User has sufficiently secured the game
account against unauthorized access. For special dual accounts or comparable accounts
offered by Travland for multiple Users, the authorized Users may share the account data
as long as all authorized Users adhere to the special usage rules for the dual accounts
and observe the applicable restrictions.
(10) Travland will communicate with the User mainly by email. It is the responsibility of
the User to ensure that emails sent by Travland to the email address provided by the
User during registration or later communicated to Travland reach the User and, in
particular, that a spam filter does not block them, and that the User takes note of such
emails.
7. RIGHT OF WARRANTY
(1) Users are entitled to the statutory warranty rights for digital products.
(2) The User is encouraged to document in a meaningful manner any errors and bugs
that may occur and, in particular, to report them to Travland via the provided support
portal by logging any error messages displayed. This may be the only way for Travland
to learn about the respective error or bug, and only then can it check whether and how an
error correction is possible.
(3) Travland does not assume any guarantees in the legal sense, unless expressly
agreed otherwise.
8. LIABILITY OF Travland
(1) Travland shall have unlimited liability in the event of intent and gross negligence.
In the event of a breach of essential contractual obligations, Travland shall also be
liable for slight negligence, but in each case limited to the foreseeable damage.
Essential contractual obligations, also known as "cardinal obligations," are those
obligations that make the proper execution of the agreement possible in the first place,
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whose violation endangers the achievement of the purpose of the agreement and on
whose fulfillment the User may rely. Apart from that, liability is excluded subject to
Paragraph (2) of this Section.
(2) The above limitations and exclusions of liability shall not apply in the event of
fraudulent concealment of a defect, in the event of injury to life, body or health, or in
the event that Travland assumes a guarantee. The liability of Travland under the
German Product Liability Act shall remain unaffected.
(3) In the event of a loss of data, Travland shall be liable, except in the case of willful
destruction of data or gross negligence, for up to a maximum of the costs which are or
would be incurred to restore the data from a backup of the User.
(4) The above exclusions or limitations of liability shall also apply to the liability of the
legal representatives, vicarious agents and assistants of Travland.
(5) A change of the burden of proof to the disadvantage of the User is not connected
with the above regulations.
9. TERM AND TERMINATION
(1) The Game License Agreement between the User and Travland is concluded for an
indefinite period of time, unless otherwise specified in the specific offer made by
Travland.
(2) The Game License Agreement may be terminated by either party at any time without
having to state the grounds for such termination, unless a fixed term was expressly agreed.
Ordinary termination by Travland becomes effective after one month. Ordinary
termination by the User becomes effective after seven days. Should the data held by
Travland be deleted by the User, this shall be deemed as termination by the User; this
likewise applies to the request of the User to delete the data.
(3) The right of the parties to extraordinary termination of the Game License
Agreement with immediate effect for good cause remains unaffected by the provisions
above.
(4) Travland is entitled to terminate the Game License Agreement for good cause in
particular if:
• the User does not use their game account for a period of at least 12 months despite
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being reminded twice by Travland;
• the User, contrary to Section 4 Paragraph 2, acquires credits, game currency, virtual
currency, or virtual services for the Game for real money from third parties or sells
them to third parties or trades in corresponding virtual currencies and goods outside
the Game;
• the User defaults on payment of the fees with an amount of at least EUR 10.00
and does not pay despite being reminded twice;
• the User culpably commits a serious breach of the obligations under Section 6.
(5) Before Travland issues notice of an extraordinary termination, a warning notice must
normally be issued to draw the User's attention to their misconduct and indicate the threat of
termination. In case of serious violations, immediate termination without prior warning is
permissible. A serious violation is a violation where Travland cannot be reasonably required
to further adhere to the agreement.
(6) Termination of the Game License Agreement requires the text form. Moreover, the
User has the option for paid Game License Agreements to terminate the Game
License Agreement online by means of a corresponding button in accordance with
Section 9 Paragraph 2.
(7) Notwithstanding all other legal or contractual rights, Travland may temporarily or
permanently exclude Users from accessing the Game, who culpably, regularly, repeatedly,
or notably violate legal regulations, the rights of third parties, the Game Rules, and these
GTC. Such exclusions may also apply to parts of the Game. Travland can, for instance,
restrict a User's chat function or exclude a User from using forums or other communication
platforms, especially if the User concerned insults or harasses other Users.
10. AMENDMENT OF THE GTC BY Travland
(1) Travland reserves the right to amend or supplement these GTC with effect for the
future, if this is deemed necessary for valid reasons. This includes in particular cases
in which adjustments to the legal and statutory situation or new technical developments
are necessary, gaps in the regulations are to be closed, or the range of services of
Travland is changed or such changes occur for the benefit of the User. If the
contractual balance between the parties is significantly disturbed by the amendment and
if the amendment becomes unreasonable for the User, as a result, the amendment shall
not be made.
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(2) The User shall be notified of any amendments to these GTC in an appropriate manner.
The notification is made either directly on the website of the Game, by opening a special
window when logging into or starting the respective Game, by sending an in-game
message to the User's game account, or by sending an email to the email address
provided by the User.
(3) The User may object to the amendments to the GTC within six weeks of receipt of
the notification and the opportunity to take note. For example, the User can send an
email to protest@Travlandgames.com in which the User declares their objection.
(4) If the User does not object to the amended GTC within the above deadline, the
amended or supplemented GTC shall become effective with respect to the User.
(5) If the User objects within the above deadline, Travland has the right to terminate the
agreement without further prior notification, which will also result in the deletion of the
game account. The original GTC will then remain effective until termination of the
agreement.
(6) Travland will specifically point out to the User in the notification of the GTC
amendments the possibility of objection and termination, the deadline, and the legal
consequences, in particular with regard to a failure to object.
11. FINAL PROVISIONS
(1) Any agreements concluded on the basis of these GTC and related claims shall be
governed exclusively by the laws of the Republic of Italy, excluding the UN
Convention on Contracts for the International Sale of Goods. If the User has concluded the
agreement as a consumer, the mandatory consumer protection provisions applicable in the
state in which the User has their usual place of residence shall also apply, provided that
these provisions grant the User more extensive protection.
(2) The User may only offset claims of Travland against counterclaims that have arisen
through the exercise of the statutory right of withdrawal or with undisputed or legally
established counterclaims. The User can only exercise a right of retention if their
counterclaim is based on the same contractual relationship.
(3) Should individual provisions of these GTC be invalid, this shall not affect the
validity of the remaining provisions.
(4) The European Commission offers a platform for online dispute resolution at
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http://ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in
dispute resolution procedures (including before a consumer dispute resolution authority,
online dispute resolution, and alternative dispute resolution). If you have a complaint,
please contact us directly at protest@Travlandgames.com.
Version: April 2022
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General information on the provider:
Travland Games IT, Europe - Italy - Milan City.
Anleitung
