Terms & Conditions
WAVE COLLECTIVE, LLC provides an internet-based intermediary platform for global travel-related products and services. For this purpose WAVE COLLECTIVE, LLC operates a travel information, communication and booking system on the internet. This offers travel-related products, services, and information. These terms and conditions govern the use of the entire WAVE COLLECTIVE, LLC offerings, also in particular the booking of trips, travel components and services. WAVE COLLECTIVE, LLC reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations. As WAVE COLLECTIVE, LLC acts only as an intermediary, the specific and general terms and conditions of any third party offering a product or service shall also apply additionally. In the event of conflicting conditions, the general terms and conditions of WAVE COLLECTIVE, LLC shall apply preferentially.
The parties to the legal relations shall be designated as "Travellers", with a person who also makes a booking for one or more Travellers designated as a "Group leader". The member of a tour group shall also be designated as a "Group member". "Service provider" designates a company or person that delivers the actual product or service - usually on location at the destination - that WAVE COLLECTIVE, LLC (Intermediary) offers to Travellers.
1. Intermediary platform operator designation and information
WAVE COLLECTIVE, LLC
President and Co-Founder Zach Zocher
732E Sunset Stream Way
Draper, Utah, 84020 United States
Telephone Toll Free: 8885232066
Wave Collective bookings: +1(888) 5232066
Wave Collective General: +1 650 386 0156
The website constitutes the fundamental information that WAVE COLLECTIVE, LLC provides to Travellers. The offers, representations, data, software, images, illustrations and information are subject to copyright in virtually their entirety. To the extent that the design, photos, selection and manner of composition and preparation have been prepared by WAVE COLLECTIVE, LLC, the rights are held exclusively by WAVE COLLECTIVE, LLC. Large quantities of information, offers and images are delivered by third parties, in particular also by Service providers. This content is also legally protected by copyright, trademark and competition law and may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of WAVE COLLECTIVE, LLC or the rights holder, if applicable.
WAVE COLLECTIVE, LLC shall make every effort to update information and prices at all times. Nevertheless, there may be differences due to the volume of data, information and parameters. Prices and specifications can be found based on the individually prepared offering. The booking confirmation and the price calculated for the Traveller are definitive.
WAVE COLLECTIVE, LLC is unable to monitor or check all information provided, especially links to other websites. WAVE COLLECTIVE, LLC is unable to maintain and update this content. In this respect, WAVE COLLECTIVE, LLC is unable to assume any responsibility.
3. Intermediary services
WAVE COLLECTIVE, LLC facilitates the provision of travel-related products and services by Service providers in the form of travel modules and services. WAVE COLLECTIVE, LLC is not a tour operator and does not deliver, own or control any of the travel-related products and services on offer. The travel-related products and services are delivered directly by the Service provider. The offerings provided by WAVE COLLECTIVE, LLC are intended for natural persons. In this context, the Traveller / Group leader making the booking must be at least 18 years of age. A Group leader aged 18 years or over must book for under-age travel companions. The offerings are primarily intended for Travellers from Germany. In utilising this offering, the Group leader making the booking promises that they are authorised to act on behalf of their travel companions, in particular to arrange travel-related services and to conclude contractual arrangements in the name of the Travellers. The Group leader is liable to WAVE COLLECTIVE, LLC as the joint and several debtor in addition to the individual Travellers for the payment of the travel-related products and services booked. Legally binding declarations received by the Group leader are deemed to have been received by all Travellers in the tour group.
To the extent that no further commitment periods have been agreed, the following shall apply: By filling in the booking templates and confirming the booking procedure, the Traveller/Group leader commissions WAVE COLLECTIVE, LLC to finalise the intermediated procurement with the Service provider. A confirmation of receipt from WAVE COLLECTIVE, LLC with respect to an order immediately after the Traveller/Group leader has transmitted the data does not constitute a binding confirmation of the intermediated travel-related products and services.
Immediately upon receipt of the booking, WAVE COLLECTIVE, LLC shall assess the availability of all the booked products and services from the Service provider/s. Following this assessment, the Traveller/Group leader shall be issued a booking confirmation. The Traveller/Group leader is obliged to check this confirmation carefully immediately upon receipt. If information appearing on the confirmation or in another document is incorrect or incomplete, the Traveller/Group leader is obliged to inform WAVE COLLECTIVE, LLC immediately - in text form if possible. Alterations at a later point in time can only be considered if WAVE COLLECTIVE, LLC could reasonably be expected to make such changes. Unreasonable alterations are such changes in particular that involve additional costs for WAVE COLLECTIVE, LLC, unless the Traveller/Group leader reimburses these costs.
A binding agreement between the Traveller and the respective Service provider shall only eventuate when the binding booking confirmation has been transmitted to the Traveller/Group leader; the automatic WAVE COLLECTIVE, LLC confirmation of receipt is not a booking confirmation.
The following applies when a Group leader makes a booking for several Travellers: With their booking, the Group leader confirms that they are permitted to legally represent the group members (Travellers) and that the Group leader is permitted to make and receive declarations on behalf of the group members. If travel vouchers are dispatched, they shall be sent solely to the Group leader for the whole tour group. Payments shall be processed exclusively through the Group leader with debt discharging effect.
The contractual obligation of WAVE COLLECTIVE, LLC is limited to the proper intermediation of the booked travel-related products and services. The contractual obligations of WAVE COLLECTIVE, LLC do not include the delivery of the booked product or service.
5. Payments, cancellation charges
WAVE COLLECTIVE, LLC is entitled to demand payment of deposits and outstanding amounts in accordance with the general terms and conditions as well as the terms and conditions of payment of the Service provider of the mediated product or service. Payment shall be collected as instructed by the respective Service provider. It is possible that the method of payment accepted by the Service provider may differ from the standard modes of payment used by WAVE COLLECTIVE, LLC or in the United States generally. The details are to be found in each of the offerings respectively. To the extent that nothing to the contrary has been agreed, the following shall apply:
Following receipt of the payment request, payment of the deposit indicated on the payment request is to be made in a single payment within one week by means of the payment method indicated. The deposit shall be at least 50% of the total price of the travel-related products or services that have been booked. The outstanding amount for the travel-related products or services is to be paid no later than 30 days prior to the commencement of travel as a single payment by means of the payment method indicated without any further request for payment. In the case of tour groups, the Group leader is responsible for ensuring consistent payment processing. The total price of a tour booked at short notice (within 30 days of tour commencement) is due immediately.
If due payments are not made or not made in full and the Traveller/Group leader does not pay after a reminder with a final due date, WAVE COLLECTIVE, LLC or the Service provider are able to withdraw from the particular agreement, unless WAVE COLLECTIVE, LLC or the Service provider is already responsible for a significant flaw, failing or shortcoming at this time. If the Traveller is responsible for the cancellation, WAVE COLLECTIVE, LLC or the Service provider can demand compensation in accordance with the agreed fixed rates for compensation. If nothing else has been stipulated within the offer/travel confirmation, the fixed rate in the event of the Traveller cancelling more than 30 days prior to departure is 50% of the price of the tour. The Traveller/Group leader is entitled to provide evidence of lower costs or costs that did not eventuate, while WAVE COLLECTIVE, LLC is free to calculate and demonstrate substantially higher costs.
WAVE COLLECTIVE, LLC assumes no currency risks. In order to minimise currency risks, WAVE COLLECTIVE, LLC shall exchange the travel payments received into the target currency of the country of the respective Service provider as soon as possible after receipt of payment. In the event of major currency fluctuations, the Traveller/Group leader shall indemnify WAVE COLLECTIVE, LLC against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by the Traveller/Group leader.
If the Traveller/Group leader pays by bank transfer, WAVE COLLECTIVE, LLC can only facilitate a smooth booking process if the Traveller/Group leader uses the designated booking ID in the purpose field of the bank transfer which is specified in the request for payment. Otherwise WAVE COLLECTIVE, LLC may not be able to assign the payment to the correct booking. A failure to do that correctly can result in the cancellation of a trip in the worst-case scenario.
If the Traveller wishes to book not as a private individual, but as a business traveller acting on instructions or as a legal representative, this must be noted already during the booking process and cannot be subsequently altered. This can have taxation consequences and should therefore be carefully considered.
The customer shall receive a payment receipt in the form of a booking confirmation from WAVE COLLECTIVE, LLC showing the total price, either paid or to be paid to the Service provider.
6. Alterations, cancellations, reimbursements
In the event that a confirmed booking is modified or cancelled, WAVE COLLECTIVE, LLC is to be contacted as quickly as possible in this matter such that a possible solution can be sought in consultation with the Traveller/Group leader. Additional costs that result for WAVE COLLECTIVE, LLC or the Service provider shall be borne by the Traveller/Group leader, whereby WAVE COLLECTIVE, LLC reserves the right to invoice a minimum fee of €50 for changes demanded solely by the Traveller.
Should there be a modification or cancellation by WAVE COLLECTIVE, LLC / the Service provider, WAVE COLLECTIVE, LLC shall also contact the Traveller/Group leader as soon as possible and seek a possible solution.
WAVE COLLECTIVE, LLC notes explicitly that as an intermediary WAVE COLLECTIVE, LLC cannot assume responsibility for the performance of the Service provider. In particular, WAVE COLLECTIVE, LLC offers individual travel-related products and services to exotic destinations. The Traveller recognises that booking and processing these products and services are more difficult and that a higher degree of flexibility is expected of these than for mass tourism.
7. Complaints and ratings
Should the Traveller be dissatisfied with an aspect of the travel-related product or service received in a particular case and wish to submit a complaint, they are to approach the Service provider or their representative directly at the location during their current stay so that this person can attempt to solve the problem. WAVE COLLECTIVE, LLC recommends notifying the Service provider in text form that documents the shortcomings, if possible with the aid of photos.
If the problem cannot be resolved during the stay, the Service provider must be contacted within 30 days of returning from the trip. The Service provider should then respond to the correspondence according to the applicable laws and regulations. Receipt should be confirmed in 14 days and a full response received within 28 days. If this is not the case, an explanation for the delay should be received from the Service provider.
Should the travel-related product or service not match the description on the WAVE COLLECTIVE, LLC platform, the customer must approach the Service provider or their representative directly at the location during the customer's stay. WAVE COLLECTIVE, LLC shall support customers with respect to their complaint. WAVE COLLECTIVE, LLC is to be informed of the facts involved in the situation as soon as possible in order to be able to assist in finding a solution.
The Service provider is to be contacted immediately in the event of flight or transportation problems. Customers are to check information and the general terms and conditions given to customers via the Service provider before the commencement of travel.
8. Visa, passport and travel regulations
The Traveller/Group leader shall pay attention to the special visa, passport and travel regulations for the Travellers and their country of destination. WAVE COLLECTIVE, LLC makes every effort to inform customers as comprehensively and accurately as possible. To the extent that WAVE COLLECTIVE, LLC draws attention to particular details, this can only be considered as non-binding information. Considering the high number and frequency of possible amendments to regulations, Travellers/Group leaders are requested to contact the relevant embassy/consulate for the particular destination. In this respect WAVE COLLECTIVE, LLC can assume no responsibility whatsoever for any assurance, guarantee, currency or accuracy of the information. The information provided by Travellers’ ministries of foreign affairs are a reliable source with respect to many travel destinations.
It is the sole responsibility of the Traveller/Group leader to ensure that all Travellers are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Travellers fulfil the health requirements.
To the extent that it is not expressly offered, insurance cover does not constitute part of the travel-related products and services offered. WAVE COLLECTIVE, LLC recommends that customers take out travel insurance, in particular travel cancellation cost insurance and in certain circumstances overseas travel insurance, including an overseas health cover component.
10. Liability, responsibility
WAVE COLLECTIVE, LLC depends on the information provided to it by the Service providers with respect to the details of the travel-related goods and services. WAVE COLLECTIVE, LLC has only extremely limited opportunities to check such information with respect to their accuracy and completeness. Consequently, WAVE COLLECTIVE, LLC is unable to provide any guarantees or assurances with respect to the completeness, accuracy or currency of such information. The same applies for any other information made available by third parties.
WAVE COLLECTIVE, LLC is not liable for the availability of the travel-related product or service at the time of booking or for the performance of the booked travel-related product or service by the Service provider.
Within the scope of its performance obligations, WAVE COLLECTIVE, LLC is only liable for any losses that may result in the following cases, irrespective of legal grounds: The statutory regulations shall apply with the following restriction: Liability or minor negligence on the part of WAVE COLLECTIVE, LLC or its vicarious agents is excluded, provided that neither an essential contractual obligation was breached nor is there a case of initial incapacity, impossibility or default on the part of WAVE COLLECTIVE, LLC. Otherwise liability is limited to the value of the travel-related products and services booked, in any case however to predictable and typical losses. The exclusions of liability or facilitation shall apply in the same manner to the executive bodies of WAVE COLLECTIVE, LLC, as well as to their vicarious agents.
Travellers and Group leaders shall be liable to WAVE COLLECTIVE, LLC for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book travel-related goods and services may only be utilised in order to make legal bookings as a Traveller or as a Group leader for a third party. At the same time, in utilising the offerings the Group leader guarantees that they are authorised and are permitted to act in the name of fellow travellers. In the event that there is a breach of these guarantee, the Group leader is liable without limitation to WAVE COLLECTIVE, LLC and their respective Service providers for the losses resulting from the aforesaid person’s actions.
In many countries there are safety standards that differ from those generally found in Europe, Australia or the USA. Travelers/Group leaders are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
11. Final provisions
Should business terms and conditions or parts of the agreement be or become invalid, the validity of the remaining parts of the agreements shall not be affected.
Amendments or additions to all agreements, including a divergence from these general terms and conditions, are only possible in text form (written, by fax or e-mail). Oral agreements require written confirmation to be valid.
All communication between WAVE COLLECTIVE, LLC and a Traveller/Group leader is to be undertaken by e-mail if possible. The Traveller/Group leader therefore promises to receive and read e-mails and implement the information/instructions from WAVE COLLECTIVE, LLC accordingly. WAVE COLLECTIVE, LLC must be informed immediately of changes in contact details.
All contractual relations between WAVE COLLECTIVE, LLC, its customers and Service providers are subject exclusively to United States law - with the exception of the UN Contract for the International Sale of Goods (CISG) convention. The United States shall be the mutually agreed place of jurisdiction for non-United States Travellers.