1. General
a. The owner of the Website en.toskana-netz.de according imprint (further: Vendor) offers owners of the lodging and other travel service providers (further: User) under a service the possibility of the electronic lodging service on the operation of its marketplace en.toskana-netz.de (further: marketplace) and the connected booking system max-td in accordance with the provisions of these conditions.
b. The use of the marketplace is the tender of the lodging and other travel services in the database of en.toskana-netz.de.
2. Vendors’ Services
a. The manufacturer the marketplace. The marketplace is a platform for providers of services in the tourism industry. The marketplace has an integrated, automated information system for transmitting facilitated communication between users and the end user.
b. The benefits of the vendor are made to keep the use of the market place, enable presentations and requests for contracts negotiated in the market place through tenders initiated by the user, the creation of communication between users and customers about the marketplace and the connected booking system max-td. The vendor in particular accepts the user’s publication of accommodations specified in each individual order and provides technical possibilities of direct contacts between users and customers.
c. The vendor is taking appropriate action to set the object in an appropriate form on the internet through the publication on the marketplace. This includes the integration of ads into other marketplaces of the operator and its partners. These offers are also posted on thematically appropriate marketplaces and if the user deposited his offers multilingual then they will also appear on the foreign marketplaces. However, the users can’t claim to show their ads on marketplaces operated by other users, vendors or on non-partner marketplaces.
d. The vendor ensures accessibility of the available services by 95% in annual appropriations. The times when the server is not accessible on the internet on the basis of technical or other problems that are not in the sphere of influence of the vendor (force majeure, debts of others, etc.) are not included.
3. Approval of the User and Access to the Marketplace.
a. Prerequisite for the use of the marketplace is the admission by the vendor. You can’t demand to registration or use of the market place.
b. As soon as the user fills in the form, he can apply for admission to the marketplace. The user is requesting the access to the marketplace for the given conditions as soon as he sends the filled form. Filling the requested data application form for approval the user should provide truthful information. If a change takes place after the login data is indicated then the user is obliged to provide the correct information immediately. This can be done on with the help of the appropriate online forms.
c. The adoption of the admission application is made as soon as the confirmation of payment arrives either via e-mail or by fax. When acquired by the vendor, a service contract for the publication of the accommodation tender or other travel services is fulfilled for the set time period between the vendor and the user.
d.The vendor is entitled to evade the user’s admission or block the user’s access to the marketplace if a reasonable suspicion exists that the user violates these terms or the law.
e. All the logins are strictly individual and can be justified only by the users. The user is responsible for holding his login and password carefully, protecting from access by third parties and keeping from misuse and loss.
f. A partial or full transfer of user rights from the contract with the vendor to a third party is excluded.
4. User Obligations
a. The user must provide with accurate and complete information in the tenders he makes. In particular, it is very important for object descriptions and availability. The user is aware of the false or incomplete information can be the basis of complaints by the customer.
b. The user is obliged to publish a single advertisement per offered accommodation. A published add per several hostels in one advertisement is excluded. After the individual ad of an accommodation is published, the modification of the object is impossible during the period.
c. An add can’t be made if the data are incomplete so that the subject and the price cannot be determined; the offer or the performance of the contract after it is signed is against the relevant law, legal regulations, administrative orders against the decency. The provider is entitled to remove such a tender immediately from the marketplace.
d. It is forbidden for users to provide the marketplace with the content that violates legal regulations, administrative orders or are against good taste. It is also forbidden to set the content, the rights of the third parties, in particular copyright, patents, trademarks, utility models and design violation. The vendor reserves the right to block third-party content if it is punishable in accordance with the applicable laws, recognizable or preparing criminal acts.
e. The user will provide the vendor with all the claims that the third parties use against the vendor because of infringement of its rights or because of legal infringements on the basis of the offers established by the user and/or content claim. Regarding this the user accepts the costs of legal defense of the vendor including all court costs and attorneys’ fees.
5. Prices, Payment Terms, Contract Duration
a. If the vendor’s productivity is interfaced to the reimbursement, compensation paid by the user is determined in accordance with the latest pricelist which is visible on the marketplace. Look at the price lists valid at the moment of conclusion of the contract.
b. Invoices should be submitted within 10 working days after the invoice access without deductions.
c. As far as the contract offers nothing else from the underlying content, then the contract is closed for the term of 12 months. The term starts as soon as the vendor admits it. The contract can be renewed at the end of its term by the user. Look at the time of renewal current pricelist.
d. The contract can be upgraded to a higher level. A new contract period of 12 months begins as soon as the upgrade starts. It is possible to pay off proportionally the residual maturities after full months in accordance with the previous contract.
6. Contracts Expiry on the Marketplace
a. Users have the opportunity to make offers to the end users on the market place. Contact conclusions on the benefits offered by the user occur exclusively on the relationship between the user and end user without participation of the vendor.
b. All using the respective user logins delivered will impact statements for and against these users.
7. Vendor’s Liability
a. The Vendor is liable for acts and gross negligence in full, for simple negligence, nevertheless, only at infringement of contractual essential duties. The liability for indirect damages is limited in case of simple negligence on the amount of contractual compensation.
b. The vendor is not liable for not indebted disturbances within the cable network.
c. The vendor is liable for the loss of data only in case such loss could not be prevented by corresponding actions of maintenance of data by the user.
d. The liability does not cover damage of the contractual use from the vendor on the marketplace to the resulted services that have been caused by the improper or incorrect presentation of the requirements because of the user.
8. Data Security and Data Privacy
a. The vendor’s servers are in appropriate way guaranteed to conditions of techniques; however, the users are aware that the risk for all the participants is that the transferred data can be tapped.
b. The user agrees that the vendor keeps the information and data on the course of business deals and the behavior of users and customers in the implementation of these transactions in an anonymous form and can be used in an anonymous form for marketing purposes such as the statistics and presentations.
c. During the term of the contract in connection with the business relationship of the user the vendor is entitled to edit the received data in compliance with the requirements of the applicable data protection provisions and save. This applies in particular to the information on corporate data, billing data and contracts of the user as well as corresponding modernization informed by the user; from the user in connection with firm presentation desirable by him in the field of trade under control of independent in the marketplace to the built data collected in the course transaction as required personal data and transfers further to other users if necessary.
d. The vendor will address all data concerning the user that are marked as confidential, confidentially and uses it only in accordance with these terms. The vendor reserves the right to derogate from this if it must provide the user’s data on the basis of law or official orders.
e. The user gives to the vendor not exclusive, time-unlimited, communicable and content unlimited right to use the established maintenances from the user aside in particular images and graphics, on other places for the purposes of marketing for the whole marketplace and the user’s offers in particular.
9. Applicable Law, Jurisdiction, Severability
a. The law of the Federal Republic of Germany is necessary.
b. Jurisdiction is Düsseldorf. The vendor is also entitled to complain in the general jurisdiction of the user.
c. If separate determinations of these Terms and Conditions will be or become ineffective and/or inconsistent with the statutory provisions, then the validity of the Terms and Conditions is also not affected. The ineffective determination of the parties is replaced by the determination that suits to the economic purpose of the invalid determination in a legal way. The above-stated regulation is considered to apply in accordance with regulatory gaps.
