General Terms and Conditions of EuropaBooking | Prinoth-Consulting GmbH


§ 1 Validity of the GTC and principal obligations
(1) The following General Terms and Conditions (GTC) form the contractual rules for the services to be provided in accordance with this contract between EuropaBooking | Prinoth-Consulting GmbH, Kothöd 9, 83233 Bernau am Chiemsee, Germany represented by its managing director Mr. Dr. Raimund Prinoth, resident there (in the following: EuropaBooking) E-mail: mailto:info@europabooking.com and the customer. It shall form the basis of a mutual, fair and successful business relationship. EuropaBooking provides its services exclusively on the basis of these general terms and conditions, unless the validity of deviating or contradictory general terms and conditions or contract rules has been explicitly agreed to by EuropaBooking as an exception.

(2) EuropaBooking provides its services only to companies, entrepreneurs, associations, cooperatives and legal entities under public law (e.g. foundations) who or whose responsible persons have reached the age of 18. Contracts with consumers are excluded. Entrepreneur in the sense of § 14 paragraph 1 of the German Civil Code (BGB) is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent full-time or part-time commercial activity. EuropaBooking reserves the right to demand proof of entrepreneurship from the customer before conclusion of the contract and at any time during the existence of the contract, for example by requesting a trade certificate or an entry in the commercial register.

(3) The contractual language is German.

§ 2 Services of EuropaBooking, obligations of the customer
(1) EuropaBooking offers an online booking and advertising platform (internet offer) for operators of accommodation facilities, which those operators can use for a fee after conclusion of a user contract as members of EuropaBooking. The scope of services of EuropaBooking is comprehensively described in the service descriptions provided on the internet offer. EuropaBooking is entitled to make changes to the service descriptions at any time in the future. The service descriptions are valid in the current version. EuropaBooking is free to choose the technical means for the provision of the agreed services on its internet offer, especially the technology and infrastructure used.

(2) The customer is not entitled to give the services of EuropaBooking to third parties for use. In this case, the customer in the sense of sentence 1 is either 1) the ordering person personally, 2) the department or 3) the company that is to receive the services according to the contractual agreement. In the case of accounts that are assigned to a specific natural person, only the specified natural person has a right of use.

(3) Additional services provided free of charge by EuropaBooking do not become part of the contract. EuropaBooking can change and/or discontinue these services at any time at its own discretion. Also repeated provision of such services does not imply any obligation for the future.

(4) As far as EuropaBooking grants via the release of for example HTML or similar code or otherwise a setting possibility for own contents (including linked advertising contents of third parties) on its internet offer, the use of pornographic, sexist, racist, discriminating, political, unlawful, immoral, insulting, disparaging or similar contents is prohibited. EuropaBooking makes the permission to use a code dependent on the linking of the content to the source page and requires that the code and the content provided by EuropaBooking are used unchanged, unless otherwise agreed. In case of a violation of these requirements or otherwise in case of a legitimate interest of EuropaBooking, the customer is obliged to immediately refrain from using a provided code after being requested to do so by EuropaBooking.

(5) Furthermore, the customer is forbidden to violate the rights of third parties, to harass third parties or to otherwise violate applicable law or morality when using the internet offer of EuropaBooking. In particular, the customer is obliged to refrain from the following actions:

  • Spying on, passing on or distributing personal or confidential information of other customers or of EuropaBooking;
  • Spying on, passing on or distributing confidential information of other customers or of EuropaBooking;
  • Use of legally protected images, photos, graphics, videos, music, sounds, texts, trademarks, titles, designations, software or other content and marks without the consent of the rights holder(s) or permission by law or regulation;
  • Exploiting errors in programming (so-called bugs);
  • Taking measures that lead to excessive load on the servers;
  • Hacking or cracking and promoting or encouraging hacking or cracking;
  • Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
  • Uploading files containing viruses, Trojans, worms or destroyed data;
  • Using or distributing „auto“software programs, „macro“software programs, oder anderen „cheat utility“software programs;
  • Modifying the internet offer of EuropaBooking or parts of it;
  • Using software that enables so-called „data mining“ or otherwise intercepts or collects information related to the Internet Service;
  • Interfering with transmissions to and from the service servers and the website servers;
  • Intrusion into the service servers or website servers.

(6) EuropaBooking points out its domiciliary rights regarding the use of its internet offer and explicitly reserves the right to immediately block the membership account of the customer temporarily, if one of the obligations regulated in paragraphs (4) or (5) or any other applicable law is violated during the use, until the violation is eliminated.
 

(7) The customer is obliged to protect the access data (passwords and login IDs) to his customer access against unauthorised access and to inform EuropaBooking immediately in case of unauthorised access and furthermore has to inform EuropaBooking immediately about changes of his contract data.

(8) The customer is obliged to provide EuropaBooking with current contact details and to explicitly point out any changes. If the mail address of a customer is incorrect, no matter if it was entered wrongly by the customer, became incorrect due to a change or is no longer correct due to technical reasons or comparable reasons recognisable for EuropaBooking, EuropaBooking is entitled to contact the customer by mail and to demand reasonable compensation for the costs incurred due to this as a lump sum. The customer and EuropaBooking assume that a flat rate of 2,50 € per letter is appropriate. The customer is free to prove lower costs.

§ 3 Conclusion of contract
(1) The presentation of the services of EuropaBooking on its internet offer is to be understood as a mere invitation to submit an offer. By clicking on a purchase button (e.g. "binding booking", "binding subscription booking" or similar), users make a binding offer. This offer is accepted by EuropaBooking by sending an invoice, booking confirmation or order confirmation, in which the content and scope of the ordered service are summarised.

(2) After an extension of the usage contract or in connection with important changes, EuropaBooking will inform the customer separately and send him/her an updated product data sheet with an overview of the current account and service types of EuropaBooking for this purpose. If the customer objects to the change within a reasonable period of time, the old product data sheet will continue to apply unchanged, whereby EuropaBooking reserves the right of ordinary termination in this case.

§ 4 Prices, terms of payment
((1) The prices quoted for the respective services are net amounts. They do not include the statutory value-added tax, which is to be paid additionally in accordance with a separate statement, if such is applicable.

(2) Apart from that, the prices provided on the internet offer of EuropaBooking or separately provided price lists apply. As far as the parties have agreed on special conditions, these are neither valid for current nor for future contractual relationships.

(3) As far as no deviating regulation has been made for individual services on the internet offer of EuropaBooking, the remuneration is due immediately and to be paid annually in advance and will be collected by direct debit if a SEPA mandate has been granted. In case of return debit notes, the customer can be requested to pay also future services by bank transfer. Partial payments are only possible if expressly permitted. Subsequent payments in the event of an extension of the usage contract shall be due at the beginning of the new contract term.

(4) If the customer is in default of payment, EuropaBooking is entitled to interest on arrears amounting to nine (9) percentage points above the respective base interest rate of the European Central Bank. For each reminder a handling fee of 2,50 €, will be charged, unless the customer can prove that lower costs have been incurred. If payments are overdue, incoming payments will first be credited against any costs and interest and then against the oldest claim, insofar as this does not conflict with any statutory mandatory right. In the event of an arrears of due initial payments of more than 14 days, the customer's service claims shall be suspended and his access to the member area shall not be activated or shall be temporarily blocked. The same applies if the subsequent payment has not been settled by 14 days after the start of the new payment period despite being due. The benefit claims shall only revive for the future after full settlement of all due claims.

(5) Payment by SEPA direct debit If the payment method SEPA Direct Debit is selected, the payment will be processed by the payment service provider VR Bank eG, Lindenstr. 5, 40789 Monheim am Rhein. After issuing a corresponding SEPA mandate, VR Bank eG collects the invoice amount for EuropaBooking from the customer's specified account. The direct debit will be collected within 7 days after conclusion of the contract. In the case of recurring direct debits, the direct debit will be collected 6 weeks before the start of the new contract period. The period for sending the advance notice (pre-notification) is reduced to 5 days before the due date. The customer is obliged to ensure sufficient cover of the account on the due date. In the event of a return debit note due to the fault of the customer, the customer shall bear the bank charge incurred. Further information on Mollie can be found in the Terms of Use and General Terms and Conditions of VR Bank eG, which the customer can find at https://www.vrbankeg.de .

(6) (6) Consent to digitalised invoice dispatch The customer agrees to receive invoices exclusively in digitalised form and transmission. Digitised invoices will be sent to the customer by e-mail in PDF format to the e-mail address provided to EuropaBooking. The customer must always ensure that the e-mail address he/she has deposited with EuropaBooking is correct and that the receipt of the e-mails is technically guaranteed and not prevented by SPAM filters.

(7) The deduction of discounts is only permissible if expressly stated in the respective offer or invoice.

(8) Objections to an invoice shall be notified by the customer in text form within fourteen days of receipt of the invoice, provided that the customer is an entrepreneur.
 

§ 5 Term, Termination
(1) Unless otherwise agreed, the usage contract concluded between the parties for the selected service offer shall have an initial term of 375 days and shall be automatically extended by a further 12 months in each case unless it is terminated by one of the parties with six week's notice to the end of the contract.

(2) Regardless of the reason for termination in paragraph (2), both parties have the right to terminate the contract of use extraordinarily for an important reason. An important reason for termination by EuropaBooking is a breach of one of the obligations regulated in these GTC, if the customer does not comply with his obligation to remedy the breach in due time after a warning by EuropaBooking or if the same or a comparable breach of obligation occurs again at a later point in time after the remedy of the breach of obligation. Furthermore, EuropaBooking has - without the need of a previous warning - an immediate extraordinary right of termination, as far as the customer is more than 14 days in arrears with due payments after a warning or otherwise commits a particularly serious breach of these GTC. In case of an extraordinary termination by EuropaBooking the customer is obliged to pay damages if he is responsible for the extraordinary reason(s) for termination.

(3) Cancellations must be made in text form via e-mail or in writing.

§ 6 Money-back guarantee
If the customer does not receive at least 35 overnight stays via the EuropaBooking service, telephone, e-mail, the link to the customer s own website, other requests referring to the EuropaBooking service and/or direct bookings within a period of 36 months from the conclusion of the contract, EuropaBooking will pay back the remuneration paid until then for the use of its service.

§ 7 Liability, limitation of liability
(1) Statistics of EuropaBooking contain generalised information which do not represent a secure basis for decisions in individual cases and may also be erroneous or in need of interpretation without this being readily apparent during use. EuropaBooking is therefore not liable for any damage caused by the use of the statistics and evaluations offered on the pages.

(2) EuropaBooking is exempt from the obligation to perform under this contract if and to the extent that the non-performance of services is due to the occurrence of circumstances of force majeure after the conclusion of the contract. Circumstances of force majeure are for example pandemics, epidemics or similar, war, strikes, riots, expropriations, storms, floods and other natural disasters, water ingress, power failures and interruptions or destruction of data and power lines. Each Party shall immediately notify the other Party in writing of the occurrence of a Force Majeure event.

(3) The liability of EuropaBooking is limited in the legally permissible cases (e.g. not in case of violation of a main performance obligation - such as the placement of the customer s offer in the internet portal of EuropaBooking -, delay, gross negligence, intent or claims from the product liability law) on the merits to cases of negligence and limited in amount to foreseeable and contract-typical damages in the amount of the contract value, which also applies to indirect damages such as lost profit. EuropaBooking reserves the right to refer to offers or information of third parties via its website. These references do not represent a recommendation and EuropaBooking does not adopt the information of the third party.

§ 8 Rights of use
The single, non-transferable rights of use of the customer to the data, texts, graphics and other services (contents) offered by EuropaBooking are exactly described in the service offers of EuropaBooking and the contents offered on the internet are granted to the customer outside the services described in the product sheets as a single, non-transferable right of use limited to the duration of this contract for contractual purposes.

§ 9 Data protection provisions
The data protection regulations of EuropaBooking apply, which the customer can view here.
 

§ 10 Final provision, place of jurisdiction; choice of law
(1) EuropaBooking can transfer its business operations in whole or in part or individual assets to third parties at any time, provided that the acquirer complies with the terms of the user agreement and the applicable law.

(2) There are no ancillary agreements. Amendments and ancillary agreements must be in writing to be effective and must be expressly marked as such. This also applies to the waiver of this written form requirement.

(3) This contract and these GTC are exclusively governed by the law of EuropaBooking s registered office to the exclusion of international private law.

(4) The exclusive place of jurisdiction is the registered office of EuropaBooking.

(5) Should any provision of this contract and/or these GTC be or become invalid or unenforceable, irrespective of the legal grounds, this shall not affect the validity of the remaining provisions of this contract. In the event of an invalid/unenforceable provision, the parties shall be obliged to negotiate a valid/enforceable and reasonable replacement provision which comes as close as possible to the economic purpose pursued by the contracting parties with the invalid/unenforceable provision. This provision shall apply mutatis mutandis with regard to the closing of loopholes in the contract.

(6) EuropaBooking is entitled to change these terms and conditions if this is necessary due to economic reasons or legal changes. EuropaBooking will announce changes with a period of notice of 30 days before the change comes into effect with a concrete designation of the future contract change via e-mail or in the EuropaBooking member area of the customer. The customer has the right to object to the change or to terminate the contract without observing a notice period as of the effective date of the change. In case of objection, EuropaBooking is entitled to terminate the contract properly. If the customer does not terminate the contract or does not object to the change until the change comes into effect, the changes will come into effect from the date stated in the change notice. EuropaBooking is obliged to inform the customer about the meaning of his silence in the notice of change.

CONTACT
EuropaBooking | Prinoth-Consulting GmbH | Kothöd 9 | 83233 Bernau am Chiemsee | Deutschland
Tel.: +49 8051 6849256 | E-Mail. mailto:info@europabooking.com
Contact: Managing Director Raimund Prinoth

Status of the GTC: September 2023