General Terms and Conditions
General Terms and Conditions
1. Scope of application, conclusion of contract
The legal relations between the company watchmore GmbH, Untere Rodstraße 2, 75172 Pforzheim, Germany, as operator of the Internet domain watchmore-tagungshotels.de (platform) and the provider of accomodation and similar services advertising on this platform (contractual partner) are finally regulated by these General Terms and Conditions. The platform provides a service that enables an unknown and indefinite number of interestes parties (customers) to enter into a legal relationship with the contractual partner via the Internet (booking). When using the platform, legal relationships are only established between the following parties
- the customer and the contractual partner 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 is concluded when the platform accepts the contractual offer contained in the contracting party‘s registration. It is considered as acceptance of the contract offer if the platform invoices the partner for the remuneration for the first contract period.
2. Contract period
The duration of the first contractual period shall be determined by the contracting party by selecting the initial minimum contractual period in the application. The term of contract begins with the date of the signature of the contractual partner.
The contract shall be extended by twelve months at the end of each contractual period unless it is terminated in writing with eight weeks‘ notice to the end of the contractual period. The date on which the notice is received by the notice recipient is decesive for compliance with the notice period.
The contract may only be terminated in writing during the respective contract period for important reasons. An important reason for termination is e.g.:
- Perisistence of default in payment despite prior reminder
- Publication of uncertain and/or criminally relevant content on the platform despite warning
3. Scope of services
The platform enables the contractual partner to present his offer on the Internet at the agreed annual price according to uniform specifications (layout). The operator of the platform reserves the right to change the Internet presence (in particular the layout) and to publish the advertising of the contractual partner via further domains (URL).
The textual content of the contracting party’s advertising within the platform is either provided by the contracting party itself or delivered by it to the operator of the platform. If the contractual partner does not make use of the platform’s services or does not provide the content to be posted, this shall not release the contractual partner from ist payment obligations.
If the contracting party has its own Internet domain (homepage), it can refer to it from its Internet presence within the platform (link). Links to other Internet pages are to be omitted and can be deleted from the platform without prior warning of the contractual partner.
The platform offers the customer the opportunity to make comission-free booking enquiries with the contractual partner. Insofar as the platform enables the direct conclusion of a contract between the customer and the contractual partner in real time (direct booking) and for this purpose has a connection to the booking system of a third party provider and a booking system of its own independent of this, the platform reserves the right to discontinue this direct booking option.
When concluding a contract between the customer and the contracting party by direct booking, the platform is entitled to commission against the contracting party.
The use of additional services of the platform (e.g. banner advertising) shall be remunerated separately.
4. Terms of payment
The contractual partner’s right to use the platform presupposes that the annual invoice issued at the beginning of the respective contractual period is settled by the contractual partner immediately and without deduction.
The platform may adjust the remuneration for subsequent contractual periods if, for example, the costs of providing the platform change. If the adjustment of the annual remuneration is announced at the latest three months before the end of a contractual period, it shall be binding for the contracting parties if the contracting party does not use the price change notification as an opportunity to terminate the contractual relationship at the end of the contractual period. This special right of termination of the contractual partner shall not apply if the price adjustment merely passes on a change in the statutory value-added tax to the contractual partner. If the contractual partner is in default with payment obligations, the platform shall be entitled to exclude the contractual partner from using the platform until all due payment obligations have been fulfilled (right of retention).
The platform ensures the greatest possible availability of the programs and devices used (software and hardware). If the failure or malfunction of hardware and/or software leads to damage to the contractual partner, the platform shall only be liable if the damage was caused intentionally or through gross negligence by the platform or the platform itself.
If the damage consists in the fact that the contracting party has lost profit as a result of the failure of the platform, the compensation obligation of the platform shall be limited in amount to the amount corresponding to the agreed annual price owed by the contracting party (clause 3, sentence 1).
The contracting party shall be exclusively responsible for the content made available by the contracting party in connection with ist presentation on the platform, in particular image files and the like. If the property rights, in particular copyrights, of third parties are infringed by the data provided by the contracting party and published on the platform, the contracting party shall indemnify the platform against any claims for damages. The contracting party shall also indemnify the platform against claims asserted by costumers as a result of non-performance or defective performance of the contract concluded on the basis of the booking.
The services/ quotas offered by the contractual partner on the platform are binding for the contractual partner.
The platform is not liable for the damage/ loss which the contracting party may suffer as a result of a customer not accepting the booked service of the contracting party. However, the platform shall support the contractual partner in the enforcement of its corresponding claims against the customer by providing the data stored within the scope of the legally permissible data on the underlying inquiry.
These liability rules also apply in the same way to the publication of the advertising of the contracting party under other domains (number 3, sentence 2).
6. Final provisions
The contract shall be governed exclusively by the law of the Federal Republic of Germany. Place of performance/ place of jurisdiction for all claims and disputes is Pforzheim if the customer is an entrepeneur, a legal entity under public law or a special fund under public law. The same applies if the contractual partner does not have a general place of residence in Germany, moves his place of residence or usual place of abode out of Germany after conclusion of the contract or if his place of residence or usual place of abode is not known at the time of judicial assertion.
7. Severability clause
Insofar as the aforementioned contractual conditions do not contain a provision which is necessary for further explanation the statutory provisions shall apply. Should individual provisions of this agreement be null and void, contestable or invalid, this shall not affect the validity of the remaining provisions. Rather, in this case the provison which is open to challenge must be interpreted in such way that it comes as close as possible to the purpose pursued. The same applies to the filling of gaps in the agreement.