General terms and conditions for users

 

1. general

(1) The following General Terms and Conditions govern the contractual relationship between the platform operator hospired.net GmbH, Kurfürstendamm 194, 10707 Berlin (hereinafter referred to as hospired.net) and the users of the platform for booking a service with a provider. These general terms and conditions also apply between hospired.net and users for optional additional and support services that users of hospired.net can book themselves.

(2) Providers are the operators of hotels, restaurants, locations, caterers etc. that are registered on the hospired.net platform and offer their services to users for booking. Users are the booking customers. Users only have the opportunity to view offers after registering and logging on to the platform. Based on the offer, the user can see the name, detailed information on the service offered and the price offered. The provider makes its own general terms and conditions available to the user in its profile and its offer, which the provider then makes part of its contract with the user.

2 Subject matter of the contract and contractual partner

(1) hospired.net provides the platform on which providers register and offer their services and on which users register in order to view the services offered.

(2) A contract for the services offered is concluded exclusively between the provider and the booking user. If users make a booking for a service offered via the hospired.net platform (e.g. hotel, event equipment, accommodation contingents, etc.), a contract is concluded exclusively between the user and the selected provider for the service offered at the provider’s offered prices.

(3) All data, photos, information and prices made available on the platform by the provider are the sole responsibility of the provider.

(4) All services offered on the hospired.net platform are provided by the provider and must be requested from the provider by the user. hospired.net assumes no liability for the accuracy and completeness of the services offered by providers on the platform. All information provided by providers and/or links to their website and/or general terms and conditions are provided by them and are not controlled by hospired.net. hospired.net is not liable for the content of this information. The inclusion of any links to such websites by hospired.net does not imply endorsement of the material on such websites or any association with their operators. hospired.net does not constitute a recommendation or endorsement of any provider or its performance, services, facilities, etc. hospired.net does not become a party to any terms and conditions between the provider and the user. If hospired.net receives information from a third party that the information provided by the provider is incorrect or erroneous, the content of the respective page will be checked immediately and a decision made on how to proceed.

(5) When booking services, the user receives the contract documents of the provider in his user account. The user is required to check the contact details provided, in particular the contract and invoice details, in detail. This is the only way to ensure fast and smooth communication, especially for bookings at short notice.

(6) hospired.net shows the user the offers that match his search criteria and requirements and that are available.

3. obligations of the users

(1) The user must ensure that all necessary information fields on the platform, in particular the personal details and contact data, are filled in carefully and checked again. Incorrect data entered by the user, in particular e-mail address, first name and surname, can lead to difficulties in processing the contract with the provider, which can significantly impair the provision of services and cause additional costs. It is the user’s responsibility to observe any cancellation deadlines set by the provider. hospired.net is not liable if these deadlines are exceeded and cancellation costs are incurred.

(2) In order to make a booking, the user must register on the hospired.net platform and create a user account. All information required for this must be correct and up-to-date, as otherwise the provider will not be able to process the booking and the user may not have access to the rating portal. (3) By completing the booking, the user accepts the present general terms and conditions of hospired.net and all other conditions that are made available to him during the booking process, as well as the general terms and conditions and prices of the providers.

4. term, termination

(1) The user agreement between the user and hospired.net is concluded for an indefinite period of time.

(2) The services are provided by hospired.net for the agreed duration. If a specific duration has not been agreed, each party is entitled to terminate a concluded contract in writing with a notice period of two months to the end of the year.

(3) The right of each party to terminate the contract for good cause shall remain unaffected. A reason for termination for good cause for hospired.net exists if (a) the user misuses his account or the platform, in particular makes it available to unauthorized third parties, (b) the user uses his/her account or the platform to disseminate offensive, harassing or other illegal statements or content, (c) the user uses his account or the portal in a way that impairs or jeopardizes the integrity or security of hospired.net’s IT systems or the use of the platform by other users, (d) violates data protection regulations and does not immediately remedy such a violation upon request.

(4) If there is a reason for hospired.net to terminate a contract for good cause, hospired.net is also entitled to block the user’s account in whole or in part, even before the declaration of termination, in particular if this is necessary to prevent significant breaches of contract or the law. If possible, hospired.net will announce such a blocking by e-mail to the e-mail address of the user administrator stored in the user’s account.

(5) Termination of the user agreement is permissible for both parties either in writing or in electronic form. An electronic termination by hospired.net is to be sent to the e-mail address stored in the user’s account. Electronic termination by the user should be sent to: hospired.net GmbH, Kurfürstendamm 194, 10707 Berlin or welcome@hospired.net

5. bonus program

After the service has been performed by the provider and the user has settled the invoice, the user benefits from a bonus program from hospired.net. In this case, hospired.net pays the user a contractually agreed amount as a bonus. The user has no fundamental claim to payment from hospired.net. In particular, hospired.net is not obliged to pay the user a bonus if the provider has not provided the service and is not responsible for this. This applies to non-performance due to force majeure or due to special circumstances that temporarily hinder or make performance impossible. Force majeure includes all circumstances beyond the control and influence of the contracting parties, in particular natural disasters, government measures, official decisions, blockades, war, military conflicts, mobilization, civil unrest, terrorist attacks, strikes, lockouts, industrial action, confiscation, embargo or other unforeseeable, serious circumstances which are not the fault of the contracting parties and which occur after the conclusion of the contract.

6. confidentiality

(1) Confidential Information means all contractual terms and conditions (including any pricing information) and all information relating to the provision of the Services to the User or the User’s own use thereof, including information relating to trade and business secrets, events and guests of the User and all other information, in any form, disclosed in confidence by or on behalf of a party or its affiliates or which by its nature is to be considered confidential.

(2) Each party shall treat confidential information of the other party as strictly confidential and shall not disclose it to third parties unless this is necessary for the performance of this Agreement.

(3) The confidentiality obligations under this Agreement shall not apply to information which (a) is required to be disclosed by law, provided that the receiving party promptly notifies the other party of a duty to disclose and cooperates with the other party to avoid or minimize disclosure; (b) was already in the possession of the receiving party without a duty of confidentiality when it received the information in question from the other party; (c) was already in the public domain at the time of disclosure, except as a result of a breach of this Agreement; or (d) was independently developed without access to the Confidential Information of the other party or its Affiliates.

7. limitation of liability

(1) Claims for damages by the user against hospired.net are excluded. This does not apply – to claims for damages arising from injury to life, body or health, in the case of a guarantee or contractual agreement regarding the properties, or – to claims for damages for a breach of essential contractual obligations (cardinal obligations) and – to further claims for damages arising from intentional or grossly negligent breach of duty by hospired.net by its legal representatives. Material contractual obligations are those whose fulfillment is necessary to fulfill the purpose of the contract. In the event of a breach of material contractual obligations, hospired.net is only liable for compensation for foreseeable, typically occurring damage caused by normal negligence, unless it relates to claims for damages resulting from injury to life, limb or health. The above limitations of liability also apply to the legal representatives and deputy authorized representatives of hospired.net if claims are asserted directly against hospired.net. Providers are not vicarious agents and hospired.net is therefore not liable for damages caused by or attributable to providers. hospired.net makes no promises about the products and services of providers. The correct selection of the service(s) offered is entirely the responsibility of the booking user.

(2) The user can only assert claims for damages outside the statutory liability for defects in the case of intent or gross negligence. This exclusion of liability shall not apply in the event of injury to life, limb or health and in the event of a breach of material contractual obligations.

(3) Except in cases of intent, gross negligence and damages resulting from injury to life, limb or health, the liability of hospired.net is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.

(4) Liability under the Product Liability Act and other cases of mandatory statutory liability remain unaffected. Since the user only books services of the providers, hospired.net assumes no responsibility for this. In this mediating role, services of the providers are booked by the user. Hospired.net only offers the platform. In this respect, hospired.net is only liable to the user for service disruptions in this area. There is no further obligation. hospired.net is also not responsible for damages that occur to users as a result of the service or product provided. Warranty claims and claims for damages can only be directed at the contractual partner itself, i.e. the party to whom the platform has mediated.

(5) Claims for damages against hospired.net are excluded if the user’s damage would not have occurred if the data had been properly backed up in the user’s area of responsibility. Apart from that, liability for data loss is limited to the typical recovery costs that would have been incurred if backup copies had been made regularly and in accordance with the risk situation, except in cases of intent and gross negligence. (6) hospired.net is not liable for services or non-services of the providers selected by the users. hospired.net is not liable for statements, claims or guarantees made by the provider. hospired.net is not liable for content (texts, photos, sketches, measurements, figures, etc.) placed on the platform by the provider: These are posted or uploaded exclusively by the service provider and are not checked, changed or edited by hospired.net. Pre-contractual liability only applies to those between whom a contract is initiated in a specific case, i.e. between the user and the provider.

(7) hospired.net assumes no liability for the uninterrupted availability of the platform and the website, as well as for system-related interruptions and failures and malfunctions of the technical systems. Liability is excluded in particular for the failure of communication networks, Internet connections, telephone connections, etc. and faults for which hospired.net is not responsible.

(8) Data protection claims are not covered by this liability regulation.

8. copyrights and rights of use

(1) The rights to the technical and visual design of the platform itself are held by hospired.net. Unless otherwise stated, all rights to the platform (technology, content, trademarks, look and feel, etc.) belong to hospired.net. By using the Platform, both the Provider and the User agree to use it solely for its intended purpose and in compliance with the terms and conditions set forth herein No Provider or User may monitor, copy, extract or search, download, reproduce or otherwise use the Platform for any commercial purpose without the written permission of hospired.net. hospired.net reserves the right to block anyone (and any automated system) on the platform who is suspected of: – carrying out an unreasonable number of searches – using a device or software to collect prices or other information – doing anything that places an unreasonable burden on the hospired.net platform.

(2) All rights to the names and details of the providers, their stated services, descriptions or illustrations are the property of the respective provider.

(3) Hospired.net does not grant users any rights of use to the platform, the content, the data, images and information posted by the providers.

(4) Unless otherwise agreed, all intellectual property rights, in particular copyrights, rights of use and industrial property rights, which existed prior to the conclusion of the contract or which a party has acquired independently of the provision of the services or acquires during the term of the contract, remain with the party that held or independently acquired them.

(5) The user grants hospired.net a non-exclusive right to use and process the data, content and other materials of the user or a third party to be used for the provision of services for the purposes of the provision of services, limited to the duration of the provision of services. The user warrants that the data, content and materials provided by him are free of third-party rights that restrict or exclude their use or processing for the services to be provided by hospired.net. This also applies to data, content and other materials of third parties that hospired.net links with its own services on the instructions of the user. Furthermore, the user warrants that he has the necessary rights of use with regard to all his own and third-party data, content and other materials that are used, delivered and distributed or linked by the user via the platform and, in particular, that he has paid all license fees, remuneration, levies and other payments due for the lawful use, delivery and distribution (including any levies to domestic or foreign collecting societies). The user shall indemnify hospired.net against any third-party claims asserted against hospired.net due to violations of the above provisions by the user.

(6) hospired.net grants the customer a non-exclusive, irrevocable right of use to all services created by hospired.net itself with regard to the design of content (e.g. e-mail templates, landing pages), which is fully compensated by the payment of the agreed remuneration, to use these for the respective intended event. The rights of use are non-transferable and cannot be sublicensed, unless otherwise agreed in the respective order.

9 Applicable law, agreement on jurisdiction

(1) To the extent permitted by binding local (consumer) laws, these terms and conditions and the services offered by hospired.net are subject to German law.

(2) To the extent permitted by binding statutory provisions, the place of jurisdiction for users and providers, in particular if they are merchants or legal entities, is agreed to be Berlin as the place of business of hospired.net. The place of jurisdiction Berlin also applies to all contractual partners who have no general place of jurisdiction in the Federal Republic of Germany.

(3) For consumers, the general place of jurisdiction according to German law applies.

10. data protection

(1) By registering, the user expressly agrees that hospired.net may lawfully store and process the necessary data provided by the user. The processing of personal data is necessary for the performance of a contract or in order to take steps prior to entering into a contract. The processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party.

(2) As a pure intermediary of third-party services, hospired.net advertises products but offers them as third-party services. In this case, the platform operator only owes its contractual partners this intermediary service (e.g. the technical provision of the platform). (3) hospired.net collects, processes and uses the personal data provided by the user exclusively for the purpose of executing the contract in accordance with the applicable data protection regulations, in particular in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). (4 ) With regard to the data of guests uploaded by the user on the platform (e.g. name, address) as well as the data generated in the context of the use of the portal in relation to guests (e.g. acceptance of the invitation), the user is the controller and hospired.net acts exclusively as a processor. The user is responsible for the lawfulness of the processing in accordance with the data protection laws applicable to the user, including the permissibility of the use of the platform and the transmission of the data to hospired.net for the purposes of this contract.

(5) The right of hospired.net to process the contract and usage data of users for the purposes of contract performance remains unaffected.

(6)For further data protection information, please refer to the data protection provisions on the homepage www.hospired.net. is referred to.

Status as of 15.08.2024