GENERAL TERMS AND CONDITIONS (GTC) for business customers of zadego GmbH

Valid for contracts, that have been completed since 09.11.2018.

For contracts before 09.11.2018, the following terms and conditions are valid: Terms and Conditions before 09.11.2018

 

1. SCOPE
2. CONCLUSION
3. COPYRIGHT / INTELLECTUAL PROPERTY / INDUSTRIAL PROPERTY RIGHTS
4. CUSTOMER'S USE LAW / USE RESTRICTIONS
5. FEES / MATURITY / DELAY / VALUE-BACKGROUNDS
6. CUSTOMER'S PARTICIPATION, INFORMATION, SUPPLY AND CONTROL OBLIGATIONS
7. CONTRACT ACCEPTANCE / DATA ATTITUDE / ABUSE USE
8. SPECIAL FEATURES OF THE CONTRACTUAL OBJECT (HOSTING / WEBSITE)
9. CONTRACT DURATION / CONTRACT TERMINATION
10. DATA PROTECTION / DATA SUPPLY TO THIRD PARTIES
11. AVAILABILITY / INTERRUPTIONS
12. WARRANTY DISCLAIMERS
13. LIMITATIONS OF LIABILITY
14. INDEMNIFICATION
15. PRODUCT UPDATES / INTRODUCTION OF NEW PRODUCTS
16. NON-ABSENCEABILITY / DEFERRALITY
17. GENERAL PROVISIONS

1. SCOPE

1.1. These General Terms and Conditions ("GTC") apply to the use and use of the services provided by zadego GmbH (FN 311496 h) with its registered office in Innsbruck and the business address Tschamlerstraße 4, 6020 Innsbruck ("zadego GmbH") (the "Services"). ) in connection with all products of zadego GmbH, in particular but not exclusively Easybooking® PMS and websites, by customers (the "Customers"). The entirety of all services provided by zadego GmbH is referred to below as "EASYBOOKING".
1.2. Customers and zadego GmbH are also collectively referred to as the contractual partners (the "contractual partners").
1.3. The zadego GmbH provides the (also future) services and accepts (also future) orders exclusively based on the terms and conditions in their current version. These terms and conditions apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the contracting party are expressly excluded and by mutual agreement between the contracting parties.
1.4. Zadego GmbH does not conclude any contracts with consumers within the meaning of the Consumer Protection Act (KSchG) or zadego GmbH provides its services exclusively to entrepreneurs in accordance with the statutory provisions. The customer expressly declares that he enters into the contractual relationship with zadego GmbH within the framework of his entrepreneurial activity (such as, in particular, the operation of his accommodation business), thus as an entrepreneur.
1.5. By concluding the contract in accordance with section 2 of these terms and conditions, the customer confirms that he has read and understood the terms and conditions and expressly acknowledges these terms and conditions. In individual cases, individual agreements with contractual partners take precedence over these GTC. For the content of these agreements, however, a written contract or the written confirmation of zadego GmbH is required.
1.6. The zadego GmbH acts exclusively as an intermediary between the customer as a tourist accommodation and its guest. It is noted that between the zadego GmbH and the guest, with the exception of data protection legal explanations, no contractual relationship arises.
1.7. Zadego GmbH reserves the right to change these terms and conditions at any time without giving reasons, whereby such changes are announced to the contracting party at least 60 days before their entry into force. Zadego GmbH will notify its customers of such a change by a pop-up message during the log-in. In the event of a change in these terms and conditions which prejudges the customer, each customer is entitled to terminate the contractual relationship with immediate effect within 60 days of notification of the changes. At the end of 60 days, the changes to the GTC shall be deemed accepted and approved by the customer and shall be based on the business relationship. The right to premature termination of the contract expires.

2. CONCLUSION

2.1. The contract is concluded after receipt of the completed and signed by the customer order documents (such as: order form, offer, online form for online shop booking) in the zadego GmbH by written confirmation and / or rendering the commissioned service by zadego GmbH.

3. COPYRIGHT / INTELLECTUAL PROPERTY / INDUSTRIAL PROPERTY RIGHTS

3.1. Zadego GmbH reserves all proprietary rights and copyrights to all documents provided as part of the initiation of the contract as well as during the business relationship.
3.2. In particular, the technical documents and the copyrighted software always remain the intellectual property of zadego GmbH.
3.3. The customer will indemnify and hold zadego GmbH harmless against copyrights and / or other property rights (including those of third parties).

4. CUSTOMER'S USE LAW / USE RESTRICTIONS

4.1. By concluding the contract in accordance with clause 2 of these GTC, zadego GmbH grants the customer the simple, non-exclusive, non-transferable and temporally limited right of use for the contractual use of EASYBOOKING. The contracting party thus receives the opportunity to use the software in the agreed scope according to the contract by means of an online access.
4.2. All other rights to EASYBOOKING remain exclusively with zadego GmbH.
4.3. The customer is therefore (without the express written consent of zadgeo GmbH) in particular not entitled to EASYBOOKING or parts of EASYBOOKING to lease, to lease, under license or otherwise in any form whatsoever (paid or free) to pass on or duplicate.
4.4. The customer is therefore (without the express written consent of zadgeo GmbH) in particular (regardless of the provision of § 40d copyright law) not entitled EASYBOOKING and in particular the underlying software to adapt, edit, modify, publish, connect with other software translate, transform, decompile or disassemble, or even allow third parties to do so.
4.5. In the case of non-contractual use and in particular in the case of violation of the usage restrictions, the customer is liable to zadego GmbH for any damage caused thereby.

5. FEES / MATURITY / DELAY / VALUE-BACKGROUNDS

5.1. The (current) timely payment of the agreed fees entitles the customer to the contractual use of EASYBOOKING and the receipt of product updates for the duration of the agreed contract period from the agreed commencement of the contract.
5.2. The basis for the fees to be paid in advance is the individual offer. The fee plus VAT in the respective statutory amount includes only the contractual use of EASYBOOKING. The respective and in each case separately agreed costs of the setup and configuration or commissioning (such as the customization of the cloud storage space and / or the website) will be billed separately.
5.3. The respective due date of the fee depends in principle on the date of the conclusion of the contract. Unless otherwise agreed individually between the contracting parties, the fees stated in the order documents apply. Invoices are due for payment within 14 days from the invoice date. The accounting can be carried out by zadego GmbH independently of the provision of services. As a result, it may be that the customer is required to perform.
5.4. The accounting takes place electronically on the basis of the data announced by the customer in the course of the contract conclusion. For subsequent invoice corrections (eg due to information given only after the conclusion of the contract [eg UID number, etc.]) the customer will be charged an amount of EUR 36.00 plus VAT.
5.5. All fees are to be paid in advance by a one-off payment, subject to any written and individual agreement between the parties.
5.6. In case of late payment default interest in the amount of 12% p.a. and reminder fees per reminder amounting to EUR 50.00 plus sales tax. The contracting parties note that in the event of late payment, the involvement of a debt collection agency or a law firm is also advisable for the debtor's claim, and the customer in default of payment is obliged to fully reimburse the resulting costs and expenses.
5.7. Insofar as the payment of the fees is agreed in monthly installments, the monthly installments are paid by SEPA direct debit. In the course of concluding the contract, the customer has given his consent in order to be able to carry out a SEPA direct debit procedure and therefore zadego GmbH is entitled to make the corresponding debits from the business account.
5.8. In the event of late payment of even a partial amount or failure of the debt collection (eg lack of required coverage of the business account, expiry of the business account or unauthorized objection of the account holder) zadego GmbH is entitled - 14 days after zadego GmbH notify the customer of the late payment or payment - has informed the failed debt collection - all outstanding fees until the end of the respective contract period without additional grace period to mature and to collect under the SEPA Direct Debit. All costs incurred in connection with the collection of the debt, in particular the re-booking costs of the bank in the event of a failed collection of receivables, shall be borne by the customer in the amount of the respectively prescribed re-booking costs.
5.9. Zadego GmbH is entitled and is authorized by the customer to debit the costs and expenses mentioned in this contract point at the latest within the scope of the next debt collection.
5.10. If the customer defaults on payment (even a partial amount) for at least thirty (30) days, zadego GmbH is entitled to refuse service provision and thus to prevent the use by the contractual partner in accordance with clause 4 of these Terms and Conditions and thus prevent access ( and thus also the log-in possibility) to lock EASYBOOKING.
11.5. In the case of the automatic extension of the contract (see section 9 of these GTC), the billing by zadego GmbH takes place one month before expiry of the contract period and is due for immediate payment.
12.5. In order to protect the contractual parts against disadvantages resulting from fluctuations in the value of money, they agree to a value assurance as follows, unless otherwise agreed in the contract documents. The agreed fees shall increase or decrease to the extent that the figures of the Consumer Price Index 2015, which are published by Statistics Austria, increase or decrease. The starting point is the index number announced for the month in which the contract was concluded. Fluctuations of up to 3 (three)% up or down are not taken into account, but further fluctuations are fully taken into account. If the fees have been reset as a result of more than 3 (three)% changes, they remain the same until such time as a further 3 (three)% deviation requires a renewed adjustment to the index number. The non-calculation or non-collection of the value assurance amounts by zadego GmbH, regardless of the duration, does not constitute a waiver of the value assurance of the fees.

6. CUSTOMER'S PARTICIPATION, INFORMATION, SUPPLY AND CONTROL OBLIGATIONS

6.1. The customer acknowledges that the performance of zadego GmbH is not possible without the cooperation of the customer, in particular the advance provision of the information and documents to be processed. The customer therefore undertakes to set all measures free of charge and without delay in his own interest and to support zadego GmbH, which in turn is required for the provision of services by zadego GmbH. The customer will therefore in particular provide the image, text, sound and other documents required for the provision of services by zadego GmbH.
6.2. In particular, in the event that the establishment of EASYBOOKING for the operation of the customer by the zadego GmbH was agreed upon conclusion of the contract, the customer is required, all data and information that zadego GmbH needs to set up EASYBOOKING for operation at the customer, fully and at the latest within 3 weeks from the request of zadego GmbH. If the customer does not provide the necessary information after a one-time request by zadego GmbH, zadego GmbH is entitled to commission a "default" instance of EASYBOOKING created for the customer that is not adapted to the customer - based on publicly available information to take. In this case, zadego GmbH has provided the agreed furnishing services and waives the obligation of zadego GmbH to re-establish EASYBOOKING for the customer - possibly then on the basis of the information provided late. Of course, the customer is free at any time to commission the re-establishment (fee-based). Other contractual obligations, such as the due date of the charges, remain explicitly in this case.
6.3. The customer also undertakes to immediately check the entries made by EASYBOOKING within the framework of the facility, updates (in particular price updates) and also within the framework of support services, and in particular changes (eg change of the price list, availability, descriptions, etc.) and any Report incorrect entries immediately.
6.4. The use of EASYBOOKING requires a state of the art computer system with functioning and high performance internet access with sufficient (large) data transfer volumes, including, in the contract parties' opinion, separate Internet connections for the use of EASYBOOKING on the one hand and the other applications (particularly guests W-Lan) on the other hand, are present. The customer acknowledges that, depending on the scope of the service, higher demands on the computer system result. The customer is obliged to produce the necessary technical requirements both in terms of hardware and software and, if necessary, to constantly adapt them during the contract period.
6.5. If there is a browser-based problem with the correct application, and switching to another browser solves the problem or only makes the solution easier, the customer is obliged to make a browser change.
6.6. The customer undertakes to keep all systems state-of-the-art and, if necessary, to retrofit them. The customer commits to a sufficient, according to the respective state of the art commercially usable virus protection.

7. CONTRACT ACCEPTANCE / DATA ATTITUDE / ABUSE USE

7.1. The customer is obliged to use EASYBOOKING to provide only correct and truthful data and to enter it in EASYBOOKING. Registration under a pseudonym, a faulty address or e-mail address or any other incorrect registration is not permitted.
7.2. The contracting party commits itself to announce any change of the information provided in the course of the conclusion of the contract, in particular also a change in the number of rooms as well as a change of the address of the zadego GmbH immediately. Zadego GmbH is entitled to charge for any resulting increase in compensation from the date of the change, irrespective of when it was announced by the contracting party. Due to a related arithmetical reduction of the fee, there is no obligation for the (partial) repayment of the fee by zadego GmbH during the contract period.
7.3. Zadego GmbH is entitled, but not obliged, to verify the accuracy of the information provided
7.4. The customer confirms that he has checked the documents and information to be used (eg photos, images or texts) for any, possibly even existing, copyright and / or other rights of third parties and confirms that such rights of third parties are used by EASYBOOKING, not hurt. The customer is therefore exclusively and fully liable for the accuracy and legality of the data and content provided and entered by him. Should zadego GmbH be claimed by third parties for such an infringement, the customer shall indemnify and hold zadego GmbH harmless and will also reimburse the necessary and reasonable costs for legal defense.
7.5. The use of the access may only be made for the customer's (entrepreneurial) purposes. The transfer of rights and obligations is not permitted without the express consent of zadego GmbH. The customer must ensure that his access data are carefully stored. The customer will receive access to the "Online Academy" for the duration of the contract, which will provide information material for the correct use of EASYBOOKING. Any additional written documentation, such as in particular an instruction manual is not part of the scope of services and the provision of such a documentation is due to the constant technical adjustments and further developments not possible.
7.6. The customer is obligated not to make any attacks on the functionality of EASYBOOKING or to facilitate or promote its execution (eg hacking attempts, spyware, virus attacks, worms). The Customer undertakes to promptly report any defects or damage that may affect safety or trouble-free operation, and to take all measures to facilitate the detection of defects or their causes and to facilitate or accelerate the elimination of the disturbance.

8. SPECIAL FEATURES OF THE CONTRACTUAL OBJECT (HOSTING / WEBSITE)

8.1. General / Exclusive shared use

8.1.1. Within the scope of this contractual object, zadego GmbH creates a website (the "Website") on behalf of the customer (in addition to the provision of a PMS [such as the product "Julia"]) and provides domain hosting services for the customer in this context via a separate order , The customer receives in this context a virtual storage space in the context of a cloud solution (the "storage space").
8.1.2. The customer acknowledges that the website and the storage space can only be used in conjunction with the PMS system "Julia". In the case of termination of this service (PMS), therefore, the website and the storage space can no longer be used. The customer therefore has no right in this case to transfer the website and the storage space to another provider.
8.1.3. Zadego GmbH also points out in this context that data processing is sometimes outsourced to third parties.
8.1.4. For more details on the subject of privacy, we also recommend that you read the detailed privacy policy on our homepage (https://www.easybooking.eu/en/). If you have any questions, please do not hesitate to contact our support team at any time.
8.1.5. Also on this contractual object (number 8), the remaining paragraphs of these terms and conditions are generally applicable completely and without exception. Only in the event that inconsistencies between the terms and conditions of this subject matter (Section 8) and the remaining paragraphs of these terms and conditions should be present, the comments in Section 8 before.
8.1.6. In this context, zadgeo GmbH will endeavor to make publicly available the data stored by the customer on the network to be maintained by zadego GmbH and the Internet connected to it (collectively referred to as "web hosting services" or as "web server"). The customer has neither real rights to the server hardware nor a right of access to the premises in which the server hardware is located. The third-party provider currently guarantees an accessibility of 99% on an annual average. Zadego GmbH is only responsible for the accessibility insofar as the non-retrievability on the part of the network operated by it or the web server itself was caused by the zadego GmbH intentionally or grossly negligently. Zadego GmbH has the right to use third-party providers for the provision of services in this context at any time and to any extent.

8.2. Special duties of the customer

8.2.1. The customer alone is responsible for the domain itself as well as for all content that the customer holds or stores on the storage space exclusively assigned to him. As part of its obligation to comply with statutory and contractual provisions, the customer is also responsible for the conduct of third parties who act on his behalf, in particular for performance and maintenance agents. This also applies to other third parties to whom the customer knowingly provides access data for the services and services of zadego GmbH. Zadego GmbH is not obliged to check the storage space of the customer for possible violations.
8.2.2. The customer undertakes to keep the passwords received by zadego GmbH for the purpose of access strictly confidential and to inform zadego GmbH immediately as soon as he becomes aware that the password is known to unauthorized third parties.
8.2.3. The customer undertakes to inform zadego GmbH immediately and in full if he is seized from the use of the contractual services in court or out of court.

8.3. Special usage restrictions for the customer / rights of third parties

8.3.1. The customer must ensure that the Internet presences or data of other customers of zadego GmbH, server stability, server performance or server availability are not affected. In particular, the customer is not permitted to operate banner programs (banner exchange, ad servers, etc.) on the website.
8.3.2. The customer is obligated within the scope of the legal regulations, in particular in compliance with the Consumer Protection Act (KSchG), the E-Commerce Act (ECG) and the Media Act, to make prescribed information on its website and to zadego GmbH and to update it on an ongoing basis.

8.3.3. The content retrievable by the web server, the data stored there as well as the keywords used for the entry in search engines must not violate legal prohibitions, the good customs and / or rights of third parties (in particular intellectual property rights such as trademarks, name and copyrights). The customer is also not allowed to offer or offer pornographic content as well as profit-making services (gambling, sports betting, etc.) that have pornographic and / or erotic content (eg nude pictures, peep shows, etc.).
8.3.4. Should zadego GmbH be claimed by third parties for any infringement of this nature, the customer shall indemnify and hold zadego GmbH harmless and will also reimburse the reasonable costs necessary for legal defense.

8.4. E-mail Reception and Shipping / Spam Email / Cold Calling / Privacy Policy for Guests

8.4.1. The maximum size of e-mails to be sent via the websites hosted by zadego GmbH is limited to 10 MB each.
8.4.2. Zadego GmbH points out to the customer that in principle the sending of information and advertising about activities and the range of services offered by the customer to guests is only permitted if the respective consent of the guests is given. The proof of a corresponding consent (especially according to § 107 Abs 2 Telecommunications Act) of the respective guest is incumbent exclusively on the customer. The content of the e-mail messages and other communication is the sole responsibility of the customer. A liability of zadego GmbH is also excluded in this context.
8.4.3. The zadego GmbH provides the customer as a (free) service one, not individualized for the company of the individual customer, privacy policy for guests, including the consent of the guest to provide certain data required for the provision of the service and contract performance of the guest in addition to the customer also to the zadego GmbH to provide their services.
8.4.4. This Privacy Policy refers exclusively to the data provided by guests in the context of the booking / request via the website, which are subsequently processed by zadego GmbH and the customer. Zadego GmbH is not liable for the completeness and correctness of the (free of charge) privacy policy provided. A liability of zadego GmbH (in particular in the relationship between the zadego GmbH and the customer) for any data protection breaches and all related direct and indirect claims is excluded. Should zadego GmbH be claimed by third parties, in particular guests of the customer, for such an infringement, the customer will indemnify and hold zadego GmbH harmless and will also reimburse the necessary and reasonable costs for legal defense.
8.4.5. The customer acknowledges that this privacy policy - depending on the design of the customer 's specific business - sometimes only covers a small area of ​​data processing by the customer and therefore generally insufficient for the processing of personal data in the customer' s company in compliance with data protection will not be able to replace an individual data protection legal advice related to the respective company of the customer. The customer undertakes independently to ensure that the data provided to him by guests (also via zadego GmbH) are adequately protected in accordance with legal provisions.

9. CONTRACT DURATION / CONTRACT TERMINATION

9.1. Unless a different contract period has been agreed in the contract between zadego GmbH and the customer, the minimum contract period is generally 24 (in words: twenty-four) months.
9.2. The customer may terminate the contract by giving written notice to the address of zadego GmbH in A-6020 Innsbruck, Tschamlerstraße 4, Austria or by e-mail to support@easybooking.at without giving a written notice of three months prior to the end of the contract period Termination reasons. In this case the termination is timely.
9.3. If the contractual relationship is not terminated by the customer in due time, the term of the contract is automatically extended by the originally agreed contract term. If the customer and zadego GmbH can not agree on the further procedure (amount of the compensation claims, contract period, etc.) out of court in the event of late termination, the customer acknowledges that zadego GmbH is entitled (but not obliged) in any case, to settle the originally agreed or at least the set-up costs according to the original individual offer plus the fees for half of the original contract period as lump-sum damages. The customer undertakes to pay these amounts within 14 days from the request of zadego GmbH. The assertion of the fulfillment claim, ie the enforcement of the extended contract period, is expressly reserved for zadego GmbH.
9.4. Zadego GmbH may terminate the contract in writing by registered letter or by e-mail, in each case to the address stated by the customer in his order, without giving a reason from the beginning of the agreed contract period, observing a notice period of three months before expiry of the contract period. In the period between the conclusion of the contract and the agreed start of the contract period zadego GmbH can withdraw from the contract at any time without stating reasons.
9.5. The right to extraordinary termination for good cause remains unaffected. An important reason for being entitled to an extraordinary termination applies in particular if the customer violates a provision of these Terms or the customer does not fulfill his payment obligation despite (even only once) reminder. Cancellation by the customer before expiry of the agreed minimum contract period is expressly excluded, with the exception of extraordinary termination for good cause.
9.6. During the contract period, the customer has the opportunity to export the so-called master data of his guests (name and address) from EASYBOOKING. With the end of the contract period (be it due to an ordinary or extraordinary termination) this possibility ends definitively and neither the master data nor the other data (in particular bills, booking history of the guests, etc.) are more available.

10. DATA PROTECTION / DATA SUPPLY TO THIRD PARTIES

10.1. Zadego GmbH processes company-related (and sometimes also personal) data (the "data") on the basis of the existing or contemplated contractual relationship for the agreed purpose and within the scope of the legal provisions to the extent that the data processing for the provision of services by the zadego GmbH are required.
10.2. In addition, and in addition to the statements in the above paragraph, the customer expressly agrees that zadego GmbH processes the data within the scope of the contract.
10.3. Zadego GmbH also points out in this context that data processing is sometimes outsourced to third parties.
10.4. For more details on the subject of privacy, we also recommend that you read the detailed privacy policy on our homepage (https://www.easybooking.eu/en/). If you have any questions, please do not hesitate to contact our support team at any time.
10.5. The zadego GmbH is not responsible if third parties succeed in illegally gaining access (hacker attacks, etc.) to the data. A liability of zadego GmbH is expressly excluded in this context.
10.6. The customer confirms that he has a great interest in making the company known and, in particular, the available capacities of the largest possible number of guests.

11. AVAILABILITY / INTERRUPTIONS

11.1. During the contract period zadego GmbH will provide the customer with a software solution via online access and a virtual storage space as part of a cloud solution in its current version.
11.2. The customer is aware that for the provision of services by zadego GmbH, the services and facilities of third parties are required and therefore for this reason, a constant availability of services is not possible. Zadego GmbH is not liable for the behavior of third parties even in this context and the customer is not entitled to any claim from this.
11.3. Even in the area of ​​responsibility of zadego GmbH it is (especially for technical reasons) not possible that the agreed services are accessible without interruption, that the desired connections can always be made or that stored data are retained under all circumstances. The zadego GmbH assumes no liability for this, unless the zadego GmbH acted deliberately or through gross negligence. The other disclaimers and limitations remain unaffected.
11.4. Also in cases of force majeure, strikes, restrictions of the achievements of network operators or with repair and maintenance work (in particular also the bringing in of updates), remedy of other disturbances can come to restrictions or interruptions of the service provision. Due to these restrictions and interruptions, the customer has no claims against zadego GmbH.

12. WARRANTY DISCLAIMERS

12.1. During the contract period zadego GmbH will provide the customer with a software solution via online access and a virtual storage space as part of a cloud solution in its current version.
12.2. Against the background that this is a computer software in the broadest sense, zadego GmbH can neither accept any liability nor provide any guarantee that EASYBOOKING works without any errors and that all (possible) software errors are corrected or can be rectified. The software corresponds to the respective state of the art. However, errors may also occur with software that corresponds to the state of the art. These circumstances are aware of the customer. As the individual requirements of the respective customer are different, zadego GmbH neither assumes any liability nor does it guarantee that EASYBOOKING meets the respective individual requirements of the customer.
12.3. Zadego GmbH guarantees that the functionality of EASYBOOKING essentially corresponds to the respective individual offer, including the corresponding updates and provided online release notifications ("changelog"). Specifications set forth in their respective offerings or other documentation do not constitute express or implied warranties.
12.4. The warranty period is twelve months. Within the warranty regulated in this section, zadego GmbH may, at its option, remedy defects in EASYBOOKING by means of troubleshooting, replacement procurement, updates or version releases ("supplementary performance"). The customer has under the warranty no claim for damages or compensation of futile expenses (for example, the own attempts of the defect removal).
12.5. Any warranty and / or liability by zadgeo GmbH is excluded, if the customer does not use EASYBOOKING as intended or abusive, or if the customer uses EASYBOOKING in connection with other products or technologies not defined or released by zadego GmbH.
12.6. If a defect becomes known, this must be reported in writing to the customer without delay, but no later than seven days in writing. The provision of § 377 ff UGB is explicitly stated.

13. LIMITATIONS OF LIABILITY

13.1. Zadego GmbH is not liable for damages, delays or obstacles to performance that are outside its area of ​​responsibility.
13.2. The zadego GmbH is not liable for damages that are due to an inappropriate, improper or not according to these Terms and Conditions use of the software.
13.3. Apart from personal injury, zadego GmbH is only liable for damage caused intentionally or through gross negligence by zadego GmbH. The liability for damage caused by zadego GmbH by simple gross negligence (in the sense of a gross negligence, which is not so blatant, that with the experience of daily life and the honest traffic exercise must not be expected) is, as far as statutory the amount is limited to the annual fee already paid by the customer.
13.4. Zadego GmbH assumes no liability for indirect damages and consequential damages, in particular any lost profits or other claims of third parties. This includes expressly double room reservations and damages that have come about through errors or deficiencies in interfaces with third-party software. Further liability of zadego GmbH is excluded.
13.5. Once again, zadego GmbH assumes no liability for the content and data provided by the customer. Zadego GmbH does not carry out any control of the content provided or used by the customer or third-party information services or services of third-party providers and assumes responsibility for their contents and / or their availability as well as for data transmission errors, even if they fall within the sphere of zadego GmbH, in particular for In this context resulting double room reservations at the customer, no liability whatsoever.
13.6. Zadego GmbH assumes no liability for incomplete and / or erroneous submissions of its employees within the framework of the facility, for the recording of updates (in particular price updates) or in the context of support services, especially against the background of the customer's agreed control obligation.
13.7. Claims against zadego GmbH and / or other damages caused by access delays or hindrances due to force majeure or events which make access to EASYBOOKING considerably more difficult or impossible for zadego GmbH or based on reasons not attributable to zadego GmbH This includes in particular war, natural disasters, fire, strike, governmental interference, disturbances of the Internet, failure of the power supply, failure of telecommunications networks or data lines, system failures, network problems, accounting errors that occur in the customer's system, has zadego GmbH in any Case to represent.
13.8. If EASYBOOKING points out links or system references or other references to information offers of third parties or promotes the services of third-party providers, this does not mean that zadego GmbH makes these contents and services part of EASYBOOKING. The zadego GmbH is not liable for the correctness and completeness of the provided databases as well as for a faulty search in the databases. An obligation for zadego GmbH to update, correct and complete the databases does not exist.

14. INDEMNIFICATION

14.1. The customer is fully liable for his input into EASYBOOKING and the claims of third parties derived therefrom.
14.2. The customer agrees to indemnify and hold harmless zadego GmbH, its shareholders, managing directors or employees against claims of third parties, which arise due to incorrect, incorrect or incorrect entries by the customer in EASYBOOKING. This indemnity and indemnity also applies in particular for claims of third parties, resulting from breaches of the customer against these Terms.

15. PRODUCT UPDATES / INTRODUCTION OF NEW PRODUCTS

15.1. Product updates are considered an integral part of EASYBOOKING and are subject to these terms and conditions, unless zadego GmbH has specified otherwise in the context of their delivery, their download or their installation. After that provided product updates replace the previous product and replace it.
15.2. The customer has no claim that after a product update in parallel, a product version without update is available.
15.3. At any time zadego GmbH is free to offer modified versions of EASYBOOKING or even new products for additional consideration.
15.4. Also, the introduction of new products is subject exclusively to these Terms and Conditions, as long as zadego GmbH has not specified any other conditions as part of their delivery, download or installation. New products made available after this replace the previous product and replace it.

16. NON-ABSENCEABILITY / DEFERRALITY

16.1. The customer is not entitled, subject to the express and written consent of zadego GmbH, to transfer the claims arising from this contractual relationship to third parties, including affiliated companies, in any form whatsoever.
16.2. In contrast, zadego GmbH is entitled at any time and without any restriction to transfer the claims arising from this contractual relationship in whole or in part, whether in return for payment or free of charge, to third parties, in whatever form. Zadego GmbH will notify the customer of such a transfer in writing. A transfer does not authorize the customer to terminate the contract.
 

17. GENERAL PROVISIONS

17.1. Severability clause
17.1.1. If any provision of these Terms and Conditions shall be deemed in whole or in part to be invalid, void or unenforceable by a court under applicable law, this shall not affect the remaining terms and conditions.
17.1.2. The same applies to any gaps. In place of the ineffective provision enters a provision which is closest to the ineffective in economic terms. The same applies to any gaps in the terms and conditions.

17.2. Choice of Law / Applicable Law / Jurisdiction / Place of Performance
17.2.1. These GTC and all disputes arising out of or in connection with the (even before the conclusion of) contractual relationship between zadego GmbH and the customer are exclusively subject to Austrian law with the exception of the reference standards on foreign law and with the exception of the IPRG and the UN Sales Convention ,
17.2.2. The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract or even in connection with the conclusion of this contract is the respective court with jurisdiction for the decision 6020 Innsbruck, Austria.
17.2.3. The place of performance is the registered office of zadego GmbH in 6020 Innsbruck.

17.3. Writing of title
17.3.1. Changes, additions or the repeal of these terms and conditions or any other agreements between the contracting parties must be in writing.
17.3.2. This also applies to a total or partial amendment or cancellation of this written form requirement.

17.4. Contract language / communication
17.4.1. The communication takes place - unless otherwise agreed - exclusively in German.

17.5. compensation ban
17.5.1. The contract parties agree that a set-off of any counterclaims of the customer with claims of zadego GmbH shall be excluded mutually and in accordance with clause 17.5.2.
17.5.2. Regardless of this, a set-off of a possible payment obligation of the customer is permissible if the customer's claims against zadego GmbH have been expressly acknowledged by the latter or in the event that they are based on a final and enforceable judgment.

17.6. Gender neutral formulation
17.6.1. To the extent that personal names in this contract are used only in masculine form, they refer to women and men in the same way. When applying the name to certain persons, the gender-specific form must be used.


Innsbruck, November 2018
 

 


Older versions (open archive archive)