1. Area of Validity, Contract Conclusion
The legal relationship between the company tagungshotel.com GmbH, Siegstrasse 11, 53859 Niederkassel, as the operator of the Internet domain www.conference-hotel.com (platform) and the advertising supplier of lodging, accommodation and similar services in the hotel trade (contracting party) is stipulated in conclusion through these General Terms of Contract. This platform provides a service which enables unknown interested parties (customers) in undefined amounts to conduct legal business transactions (bookings) with the contracting party via the Internet. By making use of this platform legal business transactions only take place between
- the customer and the contracting party and/or
- the contracting party and the platform,
but not between the platform and the customer.
The contract between the platform and the contracting party becomes effective through the platform’s acceptance of the contractual offer given by the contracting party through his/her registration. It is considered as accepted when the platform invoices the contracting party with the first contract period.
2. Contract Period
The duration of the first contract period is determined through the contracting party at registration when he/she chooses the minimum contract period. The contract period begins on the contracting party’s date of signature.
The contract is extended by twelve months after the finish of the contracting period if not cancelled in writing eight weeks prior to the end of the contract period. Decisive for the observation of the notice period to terminate the contract is the receipt of the written cancellation by the cancellation recipient.
During the contract period itself the contract can only be cancelled in writing for very important reasons. An important reason is for example:
-Continuation of default of payment despite previous reminders
-Publishing of insecure/and or criminal contents on the platform despite being reprimanded
3. Scope of Service
For an agreed annual fee the platform enables the contracting party to present his/her offers on the Internet according to a uniform layout. The operator of the platform reserves the right to change the Internet appearance (especially layout) as well as to publish the advertisements of the contracting partner on other domains (URL).
The text content of the contracting partner’s advertisement on the platform are put onto the platform through the contracting partner himself/herself or are delivered to the operator of the platform. Not availing himself/herself as a contracting partner of the willing services of the platform or not passing on the content to be put on the platform does not release the contracting partner from the obligation of payment.
If the contracting partner has his/her own Internet domain (homepage) he/she can set a link on the platform to his/her page. He/she is to refrain from any other links to other Internet pages and these other links can be removed from the operator of the platform without any prior notification of the contracting partner.
The platform makes it available for the customer to place booking inquiries with the contracting partner free of commission. Should the platform enable the direct conclusion of a contract between customer and contracting partner through direct booking and goes through the booking system of a third party operator and an independent booking system for it, the platform reserves the right to discontinue the direct booking option.
At the conclusion of a contract between customer and contracting partner through direct booking the platform has the right to commission from the contracting partner.
Making usage of services on the platform beyond those mentioned (for example banner advertisement) is to be paid for separately.
4. Terms of Payment
Prompt payment of the annually given invoice at the beginning of each contract period, without deduction, is prerequisite to the right of usage of the platform through the contracting partner.
The platform can adjust remuneration for later contract periods if for example the costs for providing the platform have changed. If the adjustment of the annual remuneration has been announced, at the latest three months prior to the end of a contract period, it is binding for the contract parties, unless they have taken this announcement of the price change as the reason to give notice of termination of their contract relationship at the end of the contract period. This exceptional right to give notice is not in force if the adjustment of remuneration is only due to passing on the change of the VAT set by law, to the contracting partner.
Is the contracting partner behind on his/her payment obligation, the platform has the right to exclude the contracting partner from using the platform until all payment obligations have been met (the right to refuse performance until counter-performance is effected).
The platform ensures the highest possible availability of software and hardware. Should downtime or mal functioning of hardware or software bring about damage to the contracting partner, the platform is only held liable if the damage was caused due to imputed negligence or gross negligence.
Should the damage caused to the contracting partner be a loss of profit due to the downtime of the platform then the platform’s damage compensation obligation is limited to the equivalent of the agreed annual amount owed by the contracting partner (paragraph 3, sentence 1).
The contracting partner is exclusively held liable for the content of all material made available for his/her presentation on the platform especially photo data etc. Should the industrial property rights especially copyrights of a third party have been violated through the data made available by the contracting partner and then published on the platform, the contracting partner has to free the platform of all made compensation claims for damage. The contracting partner also has to free the platform of all possible compensation claims due to dissatisfied customers because of a badly/partial or non fulfilment of contract which came about after a booking.
The services and allocation of quota offered by the contracting partner on the platform are binding.
The platform is not held liable for damage/financial losses that may arise for the contracting partner because a customer does not take the booked service. But the platform will support the contracting partner to assert his claim by making available saved data concerning that booking request within the given rules and regulations of the law.
These liabilities are equally relevant for publishing the contracting partner’s advertisements on other held domains (paragraph 3, sentence 2).
6. Governing Law
The parties of the contract submit to the exclusive jurisdiction of the Federal Republic of Germany. Whether the client is an entrepreneur, legal person under public law, or a separate fund under public law, the place of jurisdiction for the client for all claims and disputes shall be Bonn. The same is valid if the contracting partner does not have a place of residence within the Federal Republic of Germany or has moved his/her general place of residency abroad or his/her residence or general place of abode is unknown at the time of judicial assertion of the claim.
General Terms of Contract 01/2005