General Terms & Conditions of Hotel Consolidator GmbH
Section 1: Scope
(1) The business relations between Hotel Consolidator GmbH, Wutscherogge 1, 15910 Unterspreewald (OT Neuendorf am See) (“Hotel Consolidator”) and the Hotel are subject to these General Terms & Conditions (“Terms”).
(2) These Terms apply exclusively. Deviating, supplementary or con- flicting conditions on the part of the Hotel shall not form part of the contract unless Hotel Consolidator recognises the deviations explicitly in writing.
(3) Any cooperation agreement concluded between Hotel Consolidator and the Hotel shall be supplemented by these Terms. If individual pro- visions of the cooperation agreement should deviate from these Terms, the contractual agreement shall always have priority.
Section 2: Object of the contract
(1) Hotel Consolidator offers the Hotel access to the tour operator in- dustry by marketing the Hotel’s services in its cooperation network of affiliated partner companies, such as tour operators, online and real- world travel agencies and tour operator systems.
(2) If a service offered by the Hotel is reserved via Hotel Consolidator, then the contract comes into being directly between the Hotel and the respective partner company. The Hotel authorises the respective part- ner company to conclude booking contracts for the reservations made by the guests and to bill the guest for these on behalf of the Hotel.
(3) Hotel Consolidator shall act exclusively as a service provider for the transmission of the necessary booking information, transmitting the contract data provided by the Hotel and handling billing between the Hotel and the respective partner company. Hotel Consolidator shall not become part of the contractual relations which are established between the guest and the Hotel or between the guest and the partner company.
Section 3: Data transport, data security
(1) Hotel Consolidator shall provide the technical infrastructure so that the Hotel is able to transmit its current rates and availabilities to the affiliated partner companies. The Hotel itself shall be responsible for the manual and/or automatic input of availabilities, rates and restric- tions and for the connection of its own systems (property management systems, channel management systems) to Hotel Consolidator, for which it may, at its own expense, commission suitable service pro- viders and/or technical systems.
(2) In principle, the Hotel or the technical service providers brought in by the Hotel are responsible for ensuring system availability, data de- livery, data collection, data transport, data security and the protection of guest data.
Section 4: Obligations of the Hotel, reservation
(1) The Hotel shall make the room rates set out in the cooperation and marketing agreement available to Hotel Consolidator. The Hotel may adjust the prices for the future depending on occupancy rates. Togeth- er with the Hotel, Hotel Consolidator shall strive to make the last room available, available to the partner companies. Hotel Consolidator has no influence on pricing by partner companies, which may for example round amounts up as part of package deals or add extra charges.
(2) The Hotel undertakes to check and update the offers, availabilities, rates and restrictions it inputs on a regular basis and without prompt- ing.
(3) The Hotel undertakes to accept the accommodation contract con- cluded with the guest and to process the reservation in line with the information transmitted by the technical service providers (in particular
the name of the guest, the operator responsible for the booking, period of stay, category, price).
(4) After Hotel Consolidator has received the booking, the Hotel will receive an email confirming the booking. In addition to this, any con- nected property management systems or channel management sys- tems will receive an electronic booking confirmation. The Hotel will not receive separate notification by the partner company. When checking in at the Hotel, guests shall prove their identity by providing their book- ing reference or a voucher.
(5) The Hotel is obliged to check new reservations at least once a day and to process any additional wishes on the part of the guest without delay.
Section 5: Hotel information
(1) The Hotel shall provide Hotel Consolidator with detailed information about the Hotel, including in particular images, descriptions, services included, the Hotel’s features, bookable rooms, pricing information (including all applicable taxes, levies, additional fees and costs), avail- abilities, conditions of cancellation and other policies and provisions which are of relevance to the guest, so that these may be passed on to the partner companies.
(2) The Hotel shall ensure that the information described in Paragraph 1 is up to date and accurate and does not violate the rights of third parties or legal provisions.
(3) Hotel Consolidator is entitled to adjust, block or remove information provided by the Hotel at its own discretion, if objective circumstances give it reason to believe that the information infringes legal provisions and/or these Terms, for instance because it is inaccurate, misleading or incomplete.
Section 6: Provision of content by the Hotel, legal compli- ance, release
(1) The Hotel shall retain any existing rights it has to all content (in particular, but not limited to, image and text documents or files) that it makes available to Hotel Consolidator for the pur- pose of marketing the Hotel’s services.
(2) Before transmitting the content to Hotel Consolidator or to third parties specified by Hotel Consolidator, the Hotel shall en- sure that it holds the necessary rights (such as property rights, copyright, rights of use and exploitation) to all content it trans- mits, so that Hotel Consolidator and the affiliated partner com- panies in Hotel Consolidator’s cooperation network can use the transmitted content commercially and promotionally for the sale of tourism services. Furthermore, upon signing this contract the Hotel warrants that, by using the content for the contractually agreed purposes, Hotel Consolidator and the affiliated partner companies will not be violating third-party rights, such as in par- ticular name, brand, trademark rights and copyright, and that their use of the content in accordance with the agreement will not otherwise be in contravention of applicable laws. The above also applies accordingly with regard to all search terms (keywords) transmitted by the Hotel for use by Hotel Consolidat- or.
(3) The Hotel shall only transmit content to Hotel Consolidator if the author of the content has waived their right to be named as author with regard to the intended use and exploitation, or where the naming of the author is irrelevant for other reasons (e.g. copyright has expired, work created within an employment rela- tionship, naming not common practice or standard in the in- dustry with regard to the intended uses). If the Hotel transmits content to Hotel Consolidator which does not fulfil the require- ments set out in Sentence 1, said content shall always be ac- companied by accurate and complete image credits (e.g. in the metadata).
(4) Hotel Consolidator will pass on the content provided by the Hotel to the partner companies, which will present the content when presenting the respective Hotel via their sales channels. Hotel Consolidator itself shall not make any changes to text and image material, although it has no influence on whether the part- ner companies will use the material in full and/or make any changes to it.
(5) The Hotel agrees that it shall, upon first request, release Hotel Consolidator from all third-party claims, in particular from claims arising from the violation of existing copyright or trademark rights, which may be asserted against Hotel Consolidator in the context of the contractually agreed use of the content. This re- lease also includes compensation for the costs incurred by Hotel Consolidator as a result of prosecution/legal defence.
(6) The Hotel must notify Hotel Consolidator immediately, i.e. without culpable delay, if it becomes aware of any adverse effects on the rights covered by the contract.
Section 7: Defects of the brokerage service
Hotel Consolidator must be notified without delay of any defects of the brokerage service. Hotel Consolidator must be given an opportunity to provide relief. Should the Hotel be liable for having failed to give notif- ication of the defect, then if reasonable relief by Hotel Consolidator would have been possible the Hotel’s claims arising from the broker- age contract shall no longer apply.
Section 8: Cancellation, overbooking
(1) The Hotel undertakes to make the booked rooms available to the guest. If the Hotel is prevented from doing so, it must inform Hotel Consolidator of this without delay.
(2) In the case of overbooking, the Hotel shall be obliged to offer the guest at least one alternative accommodation option which corres- ponds to or constitutes an upgrade on the value and category of the accommodation booked originally. Alternatively, the partner company shall be entitled to offer the guest an alternative accommodation op- tion which corresponds to the value and category of the accommoda- tion booked originally. The Hotel shall bear any additional costs in- curred if it is responsible for the overbooking. If the guest refuses the alternative accommodation option proposed by the Hotel or the part- ner company for legitimate reasons, they may withdraw from the con- tract free of charge.
(3) The Hotel shall not be entitled to cancel reservations it receives via Hotel Consolidator. Cancellations can only be made by the guest through the respective partner company and depend on the conditions of the partner company, as long as these have been effectively incor- porated into the contract with the guest (Sections 305 ff. of the Ger- man Civil Code). If the guest addresses their cancellation request to the Hotel, the latter shall be obliged to notify the guest immediately that, in order to be effective, the declaration must be made to their contractual partner, i.e. the respective partner company.
(4) If third-party claims are asserted against Hotel Consolidator be- cause of a failure to perform or a defective performance on the part of the Hotel, the Hotel shall upon first request release Hotel Consolidator from all claims against it arising from or in relation to the third-party claim.
Section 9: Transfer
Hotel Consolidator is entitled to commission a partner company or third parties with the provision of agreed services or the receipt of commission.
Section 10: Changes to the Terms
(1) Hotel Consolidator is entitled to change these Terms, provided this is justified by sound legal or economic reasons after considering the interests of both parties to the contract, e.g. in the case of major new technological developments, changes to the law or case law or other equivalent reasons. The Hotel shall be notified without delay in text form (e.g. by email) of any changes to the Terms. In addition, any changes shall require the customer’s approval.
(2) The new Terms shall take effect no earlier than one month after delivery of the notification. If the Hotel does not object to the changed Terms during this period, then the Hotel’s continued use of the service provided by Hotel Consolidator shall constitute its acceptance of the changes. If the Hotel is not prepared to accept the changed Terms, then it shall be entitled to end the contract.
Section 11: Liability
(1) Hotel Consolidator’s liability under the brokerage contracts shall be subject to the legal provisions.
Hotel Consolidator assumes no liability for transmission errors caused by technical issues, transmission delays or downtime, unless Hotel Consolidator or its vicarious agents has or have caused these circum- stances intentionally or through gross negligence. In particular, Hotel Consolidator assumes no liability for damage incurred by the Hotel as a result of faulty data transmission or any failure to perform or defect- ive performance on the part of the technical service provider brought in by the Hotel.
(3) Hotel Consolidator shall not be liable for damages based on breaches of obligations by the Hotel or the Hotel’s violation of its ob- ligations to inform, such as in particular incorrect information on the part of the Hotel regarding cancellation conditions, bank and tax in- formation. Hotel Consolidator shall not be liable for the functionality of the telephone lines to its server or in the case of power cuts or server failures over which it has no control.
Section 12: Applicable law, place of jurisdiction
(1) The applicable law shall be the law of the Federal Republic of Ger- many, excluding the relevant referral regulations under German private international law and the United Nations Convention on the Interna- tional Sale of Goods.
(2) The sole place of jurisdiction for all disputes arising indirectly or directly from the business relationship shall be Leipzig.
(3) Text form (e.g. fax, email) is sufficient in order to comply with any written form requirements arising from these Terms.