General Terms & Conditions HospitalityInside GmbH
- What is hospitalityInside.com?
HospitalityInside.com is a chargeable, interactive information service of HospitalityInside GmbH, Paul-Lincke-Strasse 20, Augsburg, Germany - hereinafter "HOSPITALITY" - providing online information for business people or corporate representatives - hereinafter "user" - who require this information for commercial reasons via subscription or individual transmissions for exclusive private use by the registered user. With his registration or order, the user assures that he will use the information solely for personal or for his own business or professional purposes.
HospitalityInside.com publishes articles in different languages. The editorial staff shall have the right to decide which articles will be published in what language.
2. Scope
HOSPITALITY shall apply the following general terms and conditions (GTC) to the use of its website. Upon registration, the user accepts the GTC and agrees thereto in a legally binding form. The use of HOSPITALITY’s website shall be subject to the current GTC which can be accessed online at the time of each respective use. The user may download texts on his computer and/or print them. These GTC shall apply exclusively. Any terms or conditions of the user that are contrary to or diverge from these GTC are hereby expressly not excepted unless HOSPITALITY confirms their application in writing.
3. Registration, contractual obligation, authorization of access, language
3.1 The user shall accept these GTC by registration or request for an information service. A legally binding agreement between HOSPITALITY and the user for the chargeable information services (hereinafter the "AGREEMENT") requires a written confirmation of such order by HOSPITALITY. In case of an online order, HOSPITALITY or its employees shall immediately confirm the receipt of the customer’s order via e-mail.
1. The primary language for the AGREEMENT shall be German. English shall be regular available. These General Conditions were drawn up in German and translated into English for customer service purposes only (courtesy translation). In the case of any dispute between the Parties with respect to the interpretation of any clause of these General Terms and Conditions the German version shall determine such dispute and prevail in any respect.
2. After the conclusion of the AGREEMENT has taken place, the user shall be granted access to the information service corresponding to the agreed extent by transmitting his user name and password. This right of access and use shall apply only to a single user. The user is obligated not to pass on his user name and password to third parties.
4. Amendments
HOSPITALITY shall be authorized to amend the GTC, even within a business relation by notifying the user of such amendments two-weeks in advance. This amendment notice may be submitted in a legally binding form not only by transmitting the complete text of the GTC, but also by referring to the source of the entire GTC in the Internet. If the user does not object to this amendment within two weeks after receipt of the amendment notice, the amendment to the GTC shall be deemed accepted as amended.
5. Access to the hospitalityInside.com information service
5.1 HOSPITALITY shall offer its users chargeable online access to the current information and, if agreed upon, to further services. Access may be exercised via subscription.
5.2 The subscriptions shall grant temporary access to all current information as well as to certain databases. They differ in terms of duration, rights of access and rates according to the agreement.
5.3 The user´s access to the Internet as well as his Internet connection shall be exclusively within the users risk and responsibility. Fees or charges of whatever nature related to the user´s access to and his use of the Internet are neither included nor covered or to be born by HOSPITALITY.
- Other services
HospitalityInside organizes or organizes seminars, workshops, conferences and networking opportunities. If an event is aimed at a certain target group or special previous knowledge is required for participation, it will be notified in the corresponding announcement. See also "Special Conditions for Events".
7. Obligation to due respect and ban on advertising
Regarding interactive and conversational offers, the user undertakes to limit himself to a professional exchange of ideas, not to initiate any promotional activities and to show due respect for the concerns of the other members.
8. Copyrights
8.1 The content distributed by HOSPITALITY is protected by copyright. Any use is subject to current copyright laws. The downloaded and/or printed content of HOSPITALITY shall be determined only for personal and other private use of the user. Downloaded and/or printed data may not be copied except for personal and other private use. It may not be handed on to a third party, be electronically or otherwise distributed, and not be made public or further published in any other way. In case of doubt, prior written permission has to be obtained from HOSPITALITY.
8.2 The user is only permitted to copy or print the content for personal, non-commercial use, if it is guaranteed that the texts have not been changed or falsified and HOSPITALITY is named as the source. The user shall not eliminate any copyright notices, trademarks and other legal reservations contained in the accessed data. Any violations of copyright law are criminal offences and will be prosecuted. In addition, we hereby expressly reserve our right to claim or take any other measures under the applicable laws.
9. Commercial utilization of content by a third party.
Any further utilization of HOSPITALITY’s content for commercial use, especially its publication in the media, shall be subject to HOSPITALITY’s prior written consent. If the user has violated this obligation, he shall pay to HOSPITALITY a contractual penalty of 10,000.00 Euros for any infringement. The right to further claims for damages shall remain unaffected. For the legal use of hospitalityInside content on company websites we refer to our Content Syndication Program.
10. Remuneration
10.1 The prices for the information service shall depend on the respective order price. Payment shall be rendered without deductions of any kind. The statutory value added tax (VAT) shall be included in the prices and shall be shown separately in the accounts with the legally stipulated rate for users in Germany. The respective remuneration shall be due immediately upon conclusion of the AGREEMENT and in advance of the receipt of any delivery and service.
10.2 HOSPITALITY shall reserve the right to increase the prices in line with the applicable laws. If prices for existing subscriptions increase during the agreement period, the user will be informed by time.
11. Default
In case of a delay in payment effected by the user, HOSPITALITY shall be entitled to claim interest of 8% p.a. above the base interest rate of the European Central Bank. Unless stipulated otherwise, default is deemed to exist 14 working days after invoice due date without a necessity for a separate reminder. HOSPITALITY’s right to give extraordinary notice shall not be infringed.
12. Warranty
12.1 HOSPITALITY does not give any warranty as regards the functionality of the portal software of the user. 12.2 HOSPITALITY does not give any warranty as regards achieving certain results by using the information service. 12.3 The warranty period shall be 12 months.
13. Liability
13.1 HOSPITALITY shall be fully liable for wrongful actions, intent and gross negligence. HOSPITALITY shall only be liable for minor negligence and limited to the damage predictable for the corresponding agreement, if an obligation is breached which is of major importance for achieving the purpose of the agreement.
13.2 The aforementioned limitations of liability shall not apply to claims pursuant to the Product Liability Act and to damage arising from injury to body or health.
13.3 Flawless data communication via the Internet and permanent availability may not be guaranteed as per today’s state of technology. Therefore, HOSPITALITY shall be liable neither for permanent availability of its online information service nor for technical and electronic malfunctions during transmission or other use on which HOSPITALITY has no influence. This includes, in particular, performance disturbances due to force majeure or disturbances of the industrial peace. In these cases, there shall be no claim for payments, damage compensation or reduction in price of delivery.
13.4 HOSPITALITY will try to provide access to its website 24 hours a day, seven days per week. Temporary disconnections are possible due to standard maintenance hours, system-immanent disturbances of the Internet with unknown providers or unknown network operators, as well as due to force majeure, for which HOSPITALITY shall not be liable.
13.5 HOSPITALITY shall only be liable for data loss in accordance with the aforementioned provisions, if such a loss could not have been avoided by appropriate data protection measures of the user.
13.6 The aforementioned limitations of liability shall also apply to any employees of HOSPITALITY.
13.7 As far as the website of HOSPITALITY offers the possibility to establish connections to databases, other websites, third-party services etc., e.g. via creating links or hyperlinks, HOSPITALITY shall be liable neither for accessibility, existence or security of these databases or services, nor for their content. In particular, HOSPITALITY shall not be liable for their legality, correctness in terms of content, integrity and actuality etc.
13.8 HOSPITALITY creates the content on hospitalityInside.com with great care. Nevertheless, HOSPITALITY shall not be liable for acts of negligence, especially concerning the content of hospitalityInside.com. Likewise, no warranty for the scope of content is assumed.
14. Data privacy protection & data security
14.1 HOSPITALITY shall only use the personal data provided by the customer in accordance with the regulations of the German Data Protection Law.
14.2 Any personal data of the user, as far as they are required for explaining, working out the contents or changing the contractual relationship (inventory data), shall be exclusively used for processing agreements with the customers.
14.3 Any personal data of the user that are required to allow usage of the HOSPITALITY website content as well as invoicing (usage data), shall be exclusively used for processing agreements with the user and for the tailor-made arrangement of the website content. Such usage data can also be used for advertising and market research purposes, if the user has agreed.
14.4 HOSPITALITY shall store the data required for processing the agreement and make them accessible to the customer at any time.
15. Termination
15.1 Subscriptions shall only be terminable following expiry of the agreed period. If an annual subscription is not terminated at least six weeks before the contractual termination deadline, it shall be extended automatically for a further year in all cases.
15.2 In the case of a monthly trial subscription, the agreement shall expire at the end of the trial month.
15.3 Each termination shall be made in writing to be effective and has to be submitted to HOSPITALITY by mail, eMail or fax to the address mentioned below.
16. Termination for good cause
16.1 HOSPITALITY shall have the right to terminate any agreement with the user without prior notice, if the access data have been improperly used or if they have been used interfering with the agreement’s provisions, especially in the case of handing on the data to a third party or if individual provisions of the agreement are violated in a different way.
16.2 Furthermore, HOSPITALITY shall have the right to terminate the agreement for good cause without having to adhere to a time limit regarding the legal cases. Unless otherwise stipulated, such good cause shall apply if the user violates any legal regulations or commits a criminal offence using any content or services of HOSPITALITY. Good cause shall also apply if the user is in default with a due payment or with other financial debts and does not pay within a period of two weeks despite a previous request for payment including a threat of refusal.
17. Non-assignment and exclusion of setoff
The user shall not be entitled to assign any claims regarding HOSPITALITY without previous written approval by HOSPITALITY, or to set them off unless they have been formally accepted in writing or legally confirmed.
18. Place of jurisdiction, place of performance, applicable law
Place of jurisdiction and place of performance for all legal proceedings shall be Augsburg, Germany. German law shall apply exclusively for all legal relationships between the user and HOSPITALITY. HOSPITALITY shall also, at its own discretion, have the right to take legal action at the court competent for the place of business and residence of the user.
19. Miscellaneous
Should any provision of these GTC wholly or partially be or become void, invalid or unenforceable, the validity of the remaining provisions shall not be affected. In such case, the void and/or invalid and/or unenforceable provision or provisions shall be replaced by such provisions reflecting to the widest extent possible the commercial purpose of this agreement. This shall apply vice-versa, if these GTC are incomplete or impracticable.
as of May 23, 2018
HospitalityInside GmbH
Paul-Lincke-Strasse 20
86199 Augsburg
Germany
fax +49 821 885880 20
