General Terms and Conditions of myhotelshop GmbH

  1. General
    1. These general terms and conditions are the basis and an integral part of all agreements between myhotelshop GmbH, Bosestrasse 4, 04109 Leipzig, Germany, Managing Director Ullrich Kastner, (hereinafter referred to as "myhotelshop") and the contractual partner (hereinafter referred to as the "Contractual Partner").

    2. Contractual partners are deemed hotels and hoteliers as well as the providers of advertising space on whose website the hotel ads are displayed ("Publisher"). Any reference to "contractual partners" hereinafter shall mean hotels, hoteliers and publishers.

    3. Terms and conditions of the contractual partner which differ from, conflict with or expand upon these terms and conditions shall not be acknowledged as part of this contract, even if known, unless their validity is expressly agreed in writing.

    4. The main features of the goods or services offered are listed in the corresponding product description on the myhotelshop website or are available upon request.

    5. The contractual language is English.

  2. Registration
    1. Registration is mandatory in order to use the services offered by myhotelshop. The contractual partner must complete the registration form provided, filling in all the required fields, and then click the "register" button.

    2. The contractual partner shall receive an automatic email confirming receipt of the registration form submitted. The account is however not activated until the application for membership has been authorised by a myhotelshop employee. The contractual partner will be notified of this in a separate email.

  3. Conclusion of contract
    1. The services offered on the myhotelshop website do not constitute an offer in the legal sense, but merely a non-binding invitation to the contractual partner to make an offer.

    2. The following steps are required to submit a proposal by the contractual partner:

      1. First, the contractual partner must use his login details to access the myhotelshop website.

      2. In the next step, the contractual partner shall select his service of choice by clicking on the “add to cart" button. In the shopping cart, the contractual partner can modify the budget to be ordered.

      3. On the order summary page, the contractual partner shall then confirm he has read, understood and agrees with the general terms and conditions of myhotelshop. Finally, the contractual partner shall submit his proposal by clicking the button "send order".

    3. A contract shall be deemed concluded when myhotelshop either confirms the contractual partner's proposal in writing (e.g. email, fax or letter) within three days or provides the service. The contract shall become valid once myhotelshop approves the content, provided the contractual partner does not object in writing within three days.

  4. Subject matter, Scope of services

    The subject matter of the contract shall be the services offered in the respective service description, the specific contract offer as well as these general terms and conditions and, where applicable, individually reached agreements. In the event the general terms and conditions contradict the service description, the service description shall take precedence.

  5. Prices and terms of payment
    1. All prices are listed in euro plus VAT.

    2. The contractual partner shall pay using the following payment method: via invoice.

    3. The contractual partner shall receive an invoice in advance for the sum to be paid to myhotelshop. Unless otherwise agreed, the total amount of the invoice from myhotelshop shall be paid via electronic transfer to myhotelshop within 14 days of the date the invoice, without deductions. The contractual partner is obliged to check the invoice received promptly and notify myhotelshop of any discrepancies in writing within 3 days (an email to operations@myhotelshop.de is deemed sufficient). If no notification is received within this time, the invoice shall be deemed accepted. Myhotelshop expressly reserves the right to assign its accounts receivables and have them collected by a third party (collection agencies, etc.).

    4. In the event of non-payment within the stipulated 14 days of the invoice date, myhotelshop shall suspend the contractual partner‘s campaign or not launch the said campaign until the outstanding balance has been paid in full. The contractual partner shall not derive any rights therefrom, in particular the contractual partner shall have no right to extraordinary termination.

    5. For services booked via the self-service marketing feature and thereby invoiced on a CPC basis, the following provisions apply:

      1. In order to use the services offered by myhotelshop the contractual partner is required to set a monthly budget limit. The campaign will continue to run throughout each month until the contractual partner has reached the limit specified for his monthly budget.

      2. Once the monthly limit set by the contractual partner has been reached, his myhotelshop campaign will automatically end for the month and the contractual partner will receive notification that his limit for the month has been reached. The campaign shall then recommence at the beginning of the following month with the specified monthly budget available. The contractual partner hereby acknowledges and expressly agrees that the monthly budget limit set may be exceeded in each case by up to 5% if such is deemed necessary to optimise the campaign. To continue the campaign once the limit has been reached in the respective month, the contractual partner must reset the monthly budget limit to an increased sum to meet his requirements.

      3. For the service Google Adwords - Brand Campaign, the cost-sharing formula for "what proportion we use to pay for Google clicks" (i.e. Google click budget) vs "what proportion we budget for the ongoing management of the AdWords campaign" (i.e. "management fee") shall be the following: up to 1.500EUR monthly budget: 70% Google click budget and 30% management fee; 1.501-5.000EUR monthly budget: 80% Google click budget and 20% management fee; more than 5.000EUR monthly budget: 90% Google click budget and 10% management fee

      4. The Conversion tracking period is 30 days. Subsequently accrued bookings will be invoiced in the following month.

      5. Myhotelshop manages the Google AdWords account without any involvement of the client. The realization of any changes within the Google Account through the client is not permitted. Any damage caused through activities within the account will be invoiced.

      6. For the services "Homepage link in the price comparisons on TripAdvisor for desktop user" and "Homepage link in the price comparisons on TripAdvisor for mobile / app user", the cost-sharing formula for "what proportion we use to pay for tripadvisor clicks" (i.e. tripadvisor click budget) vs. "what proportion we budget for the ongoing management of the campaigns" (i.e. "management fee") shall be the following: 80% click budget, 20% management fee.

    6. In the event the subject matter of the contractual relationship between myhotelshop and the contractual partner includes fee-based services from a third party (e.g. Google Adwords program), the contractual partner shall make payment directly to myhotelshop with debt-discharging effect. In such cases, myhotelshop shall collect payment for the service in question in its own name on behalf of a third party.

  6. Vouchers
    1. The use of voucher codes issued as a promotional offer shall be subject to the following conditions:

    2. Unless otherwise agreed, the contractual partner shall receive a one-off discount of 10% of the total sum of the booking as a promotional offer for minimum budget plan.

    3. The voucher code has no market value, is not transferrable and, in particular, may not be sold. myhotelshop may revoke the validity the voucher code or refuse the discount promised with the voucher, if the contractual partner violates these terms and conditions or uses the voucher code for unauthorised purposes.

  7. Power of attorney of myhotelshop
    1. In order for myhotelshop to provide the services agreed upon, registration may be required with various service providers such as Google Maps, Facebook, etc. The contractual partner hereby agrees that myhotelshop shall complete the registration process for and in the name of the contractual partner in accordance with the requirements of the contractual partner. Here, myhotelshop shall only act as a facilitator to convey the contractual partner’s declaration of intent to the service provider.

    2. Contracts with the respective service providers shall only be effective between the service provider and the contractual partner. myhotelshop shall not be a party to these contracts.

    3. The respective contracts with the service providers may be based on general terms and conditions or other terms of use. The contractual partner hereby agrees on the inclusion of the respective conditions in the contractual relationship between the respective service provider and the contractual partner. The onus is on the contractual partner to be fully aware the terms and conditions of the respective service provider before using myhotelshop services. The contractual partner may obtain such knowledge, for example, by reading the terms and conditions on the respective service provider’s website. Upon request, myhotelshop shall disclose to the contractual partner specific ways in which the contractual partner may gain knowledge of the terms and conditions of the respective service provider.

    4. myhotelshop assumes no responsibility for determining whether a registration can be made with the contractual partner’s desired name for the respective service provider. This depends, among other things, on whether the desired name is already registered by a third party or if it violates conditions of the respective social media service provider.

  8. Co-operation obligations of the contractual partner
    1. The contractual partner is obliged to cooperate with various requests (e.g. provision of hotel pictures, etc.) in order to ensure the fulfilment of the services agreed by myhotelshop. The contractual partner therefore has to ensure that he can respond quickly to such requests from myhotelshop via the usual communication channels (e.g. email, telephone, etc.). The contractual partner shall notify myhotelshop in good time of any period or periods during which the acknowledgment of messages or services is not possible due to absence.

    2. The contractual partner is obliged to provide myhotelshop with the necessary materials for an advertising campaign (e.g. image files, texts, etc.) free of charge and in good time, on any account no later than one week before the launch of the campaign.

    3. The contractual partner is solely responsible for the content of any published services (e.g. Google Places, Facebook, etc.). The onus is on him to ensure that the publication does not violate the terms and conditions of the platform used or other rights.

    4. The contractual partner shall ensure that the data or content to be published (such as advertising material or social network posts) do not violate any applicable law, and is not unethical.

    5. If the contractual partner is required to send materials (e.g. image files, text, etc.) to myhotelshop, the onus is on the contractual partner to create a copy or backup of the said material and keep such in a secure place.

    6. In the event the contractual partner fails to meet his obligations to cooperate, this shall in turn release myhotelshop of its obligation to provide the agreed services.

  9. Copyright, Rights of use
    1. The contractual partner shall assign myhotelshop the necessary rights of use to the registered name, trademarks and logos of the contractual partner for the campaigns commissioned and all associated measures as required to fulfil the contract free of charge for the duration of the contract.

    2. The contractual partner warrants that he owns the rights to all materials provided for contractual use, and in particular holds the necessary copyright, trademark, rights of use, personal rights, and other rights.

    3. The contractual partner warrants that no third party copyright, trademark, rights of use, personal rights or other rights exist for the materials provided to fulfil the agreed services, which may hinder the use for a contractual purpose. myhotelshop will not check whether third party rights exist.

    4. The contractual partner shall indemnify myhotelshop against all claims or demands that may arise due to a violation of the rights mentioned in clauses 9.1, 9.2 and 9.3 and for which the contractual partner is responsible. The contractual partner is obliged to reimburse myhotelshop for legal defence costs and other damages incurred as a result.

  10. myhotelshop's liabilities
    1. The statutory liability of myhotelshop, its legal representatives and employees shall be limited in accordance with the following provisions in clause 10:

      1. myhotelshop's liability shall be limited to amount of damages that was typically foreseeable for a negligent violation of an essential contractual duty at the time of entering this contract (an essential contractual duty is a cardinal obligation i.e. a contractual obligation whose fulfilment is essential to the proper realisation of this contract, and the violation of which jeopardises the achievement of the purpose of this agreement, and on which the contractual partner regularly relies).

      2. myhotelshop shall not liable for damages arising from a negligent breach of a non-essential contractual obligation.

      3. myhotelshop assumes no liability for lost profits, revenue, data or consequential damages and indirect losses unless myhotelshop acted with wilful intent or with gross negligence.

    2. The contractual partner is obliged to take appropriate measures to reduce damages. This applies particularly to the recovery of data and the creation of backup copies on a regular basis for this.

    3. The aforementioned limitation of liability shall not apply in cases of mandatory statutory liability (in particular to liability under the Product Liability Act) or liability for assuming a specific guarantee, or liability for damages caused by wilful intent or gross negligence, or liability for physical injuries caused by wilful intent or gross negligence.

  11. Warranty
    1. myhotelshop does not warrant that services provided by third parties, in particular network services or other third-party services, will be continually available without interruptions or errors, or that they are secure.

    2. A defect under the terms of warranty shall limited exclusively to a reproducible fault due a lack of quality of the services provided by myhotelshop. Any functional impairment due to hardware defects, environmental conditions, faulty operation, or defective data etc. shall not be deemed as a defect.

    3. Warranty rights shall expire 12 months after the contractual partner has received knowledge that the agreed services have not been fulfilled at all, in time, or properly by myhotelshop.

  12. Termination
    1. Extraordinary termination

      1. The contract may be terminated by either party with immediate effect if there is good cause. Good cause exists in particular if: the contractual partner becomes insolvent, especially in cases where judicial insolvency proceedings have been filed against the assets of the contractual partner or where the application for insolvency proceedings has been declined due to insufficient assets, or where actions and orders from public authorities or other government agencies conflict with the fulfilment of a service by myhotelshop.

      2. The contractual partner is obliged to pay for the services rendered by myhotelshop, according to the scope of services agreed up until the date of termination.

    2. If a contract has been concluded for an indefinite period, myhotelshop and the contractual partner shall be entitled to terminate the contract with a notice period of 3 months to the end of the year.

  13. Confidentiality
    1. The parties hereby agree to keep confidential all information made available to them by the other party that is designated as confidential, or that in other circumstances is recognisable as business or trade secrets of the other party which have been shared between the parties in connection with this contract, for an indefinite period of time and - unless required for fulfilment of this contract - neither record nor to pass on or use such confidential information otherwise.

    2. The confidentiality obligation does not apply to information which was already known to recipient party or become known outside of the contractual relationship.

    3. The confidentiality obligation shall remain in force for a period of 2 years after the termination of the contract.

  14. Data protection
    1. myhotelshop takes privacy very seriously. Please see to our privacy policy.

  15. Final provisions
    1. myhotelshop owns all rights of use for the designs, layouts and functionality used on its website. Any use of this data requires the express prior consent of myhotelshop.

    2. This contract is governed by German law. Consumers with habitual residence abroad may rely on the law of the country in which they reside, pursuant to Art. 6 Rome I Ordinance.

    3. If you are a consumer, disputes against myhotelshop shall be settled in the legally applicable place of general or special jurisdiction. If you are a business and such agreement is permitted by law, the place of jurisdiction shall be Dusseldorf.

    4. If an individual provision of this contract is or becomes invalid or unenforceable, in whole or in part, or if it should lose its validity or enforceability at a later date, this shall not affect the validity of the remaining provisions. In the place of the invalid or unenforceable provision, the parties shall agree on a valid provision that comes closest to the invalid or unenforceable provision to the extent legally possible, in terms of the region, time period, scope and commercial objective as was originally intended by the parties. The same applies to omissions in the contract.

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