HolidayCheck AG (hereinafter referred to as "HolidayCheck") acts as an intermediary for package holidays and individual travel services (hereinafter referred to as "travel services") on its websites and apps. In addition, HolidayCheck offers its B2B customers (hereinafter referred to as " Contracting Partners") via its Business Center and AdShop various options for placing and processing advertising orders for online advertising on HolidayCheck's websites, as well as the option of booking additional packages for the existing hotel profiles. The following General Terms and Conditions are the basis and an integral part of all contracts between HolidayCheck and the Contracting Partner with regard to the aforementioned services.
“Advertising Order” within the meaning of the following general terms and conditions shall be the contract for placement of an advertising medium on the Websites of HolidayCheck.
“Advertising Measures” shall be any “web formats according to the price list” offered by HolidayCheck and any other services that can be booked. Advertising formats that are not recognizable as such due to their design are clearly marked as advertisements.
“Premium Profile” means an upgrade to the existing hotel profile displayed on the HolidayCheck websites, which includes various options for individualization and linking.
“Contracting Partner” of HolidayCheck shall be the Contracting Partner, i.e. either an agency or an advertiser who directly enters into Advertising Orders with HolidayCheck. If the Agency acts as a representative of the advertisers in an exception, this shall be noted in text form at the latest when placing any Advertising Orders, including the advertising client. If such a note is not provided, the contract shall be concluded effective for and against the Agency.
“Agencies” shall be placement agencies that conclude the Advertising Orders in their own name and for their own account. The contractual relationship with the advertisers, in particular concerning pricing, settlement and other agreements shall be subject to the Agency's responsibility; there is no contractual relationship between advertisers and HolidayCheck if an Agency is the client.
“Direct customers” are advertisers who become Contracting Partners of HolidayCheck directly, if applicable by involving an Agency that places ads in its name as representative within the meaning of Section 164 German Civil Code Advertising Orders.
(1) These General Terms and Conditions apply exclusively for the B2B services offered by HolidayCheck via its Business Center and AdShop. Additional terms and conditions may apply to individual services, as well as the General usage conditions for registration and placement of user contents via the HolidayCheck Business Center. Where applicable, these can be found in the context of the respective offer in the Business Center and/or the AdShop.
(2) Individual agreements and agreed service specifications shall prevail and take precedence over these General Terms and Conditions in case of any contradiction.
(3) The essential characteristics of the service result from the respective service description, which may be viewed directly on the HolidayCheck AdShop website or the HolidayCheck Business Center, depending on the offer, or that is disclosed by HolidayCheck upon request.
(4) HolidayCheck shall provide advertising areas for placement of advertisements for the client on the websites of HolidayCheck via the HolidayCheck AdShop and the HolidayCheck Business Center and shall take care of processing of the ad placement and Adserving. The Contracting Partner shall book a defined period, but not a defined number of Ad Impressions. HolidayCheck therefore has a shifting right and is not obligated to render services across the entire placement period or on a specific date.
(5) Contracting Partner shall have the option of uploading its own pictures and texts or using standardized advertising banners that are produced from database contents (pictures/texts) of HolidayCheck.
(6) HolidayCheck does not guarantee constant availability of the HolidayCheck AdShop and the Campaign Creator if the HolidayCheck Business Cebter. Instead, HolidayCheck shall expressly have the right to limit availability of the services temporarily if this is necessary in light of capacity limits, security or integrity of the servers or to perform technical measures and this serves proper or improved rendering of the services (maintenance work). The service may be interrupted or impaired by technical circumstances, service and/or connection failure, hardware and software errors for which HolidayCheck is not at fault, as well as effects from third-party actions, the actions of which HolidayCheck is not responsible for (e.g. viruses, failure of third-party networks). The parties therefore agree that any interruptions and/or interferences of rendering the services based on such reasons that are not due to the fault of HolidayCheck shall not found any rights of the Contracting Partner.
(7) The contract shall be deemed met if the booked advertising formats have been delivered by HolidayCheck within the contractually agreed period.
(8) As part of the Premium Profile, HolidayCheck offers the Contracting Partner the opportunity to create several direct links to its own website and to its social media channels. In addition, the Contracting Partner can post own offers that can be booked directly via the Contracting Partner's website.
(9) The Contracting Partner also has the option to choose a rating for the accommodation, which is displayed at the top of the hotel's HolidayCheck profile. The selection is limited to the 5 reviews defined as most relevant by HolidayCheck and/or its users. The Contracting Partner may change the selection at any time. If the review selected by the Contracting Partner is no longer among the 5 most relevant reviews at any time during the term of the contract, the Contracting Partner will be notified of this in the Business Center and HolidayCheck will display what HolidayCheck considers to be the most relevant review in the profile until the Contracting Partner selects a new review.
(10) The Contracting Party may also add other personal elements to the general information within its profile.
(11) Other HolidayCheck services are not covered by these General Terms and Conditions.
(12) The provisions of these General Terms and Conditions and, if applicable, the respective additional terms and conditions of the services used shall be decisive for the provision of services.
(13) By using the offered services, the Contracting Partner accepts these General Terms and Conditions, the Terms of Use for registration and the posting of user content via the HolidayCheck Business Center, as well as any additional terms and conditions for the respective services used.
HolidayCheck is entitled at any time to make minor changes to the services, which are to be accepted by the Contracting Partner in good faith in relation to the overall agreed range of services, taking into account the mutual interests of HolidayCheck and the Contracting Partner, without any further compensation for disadvantages.
(1) Eligible to use HolidayCheck B2B services are only entrepreneurs within the meaning of Section 14 (1) of the German Civil Code (BGB) who are fully legally competent. Minors or consumers within the meaning of Section 13 German Civil Code must not register for the HolidayCheck AdShop or the HolidayCheck Business Center. Registration of a legal entity must only take place through a person with representation rights, with inter alia the name of the authorized representative and the type of representation right to be indicated.
(2) The services shall not be an offer in the legal sense, but only a request to the Contracting Partner to make an offer in turn. By placing an order or booking, the Contracting Partner submits a binding application to conclude a contract. The contract shall become effective only upon confirmation by HolidayCheck. There is no entitlement to acceptance and no entitlement to justification of rejection.
(3) Registration is required in order to make use of the services of HolidayCheck. Contracting Partner shall complete the required fields of the registration form provided for this in the HolidayCheck AdShop or the HolidayCheck Business Center and click the button “Register”. Upon request the registration data may also be entered by an employee of HolidayCheck on a customer's order. Contracting Partner shall subsequently receive an email concerning registration and clearance.
(4) By registering, the contracting party confirms that it is a member of the group of persons eligible to use the service pursuant to Section 4 (1). The Contracting Partner shall be obliged to provide truthful, accurate, up-to-date and complete information during registration in accordance with the respective specifications of the registration form. The Contracting Partner shall be liable for incorrect details, in particular those which have consequences for value added tax. Furthermore, he is obliged to keep the registration data up to date and correct at all times. The Contracting Partner must ensure that his user account is only used by himself. To this end, he must in particular keep his individual password secret. The Contracting Partner is fully responsible for all activities carried out via his user account. HolidayCheck is entitled at any time to demand proof that the requirements have been met and that the information provided is correct. In the event of false information, HolidayCheck reserves the right to delete the Contracting Partner's user account and to terminate the contract without notice.
(5) Upon registration, each Contracting Partner receives an individual user account from HolidayCheck. This includes the details provided by the Contracting Partner in the registration process as well as the details required for using the HolidayCheck AdShop / Business Center and handling payments. The user account is neither transferable nor inheritable.
(6) In the context of the Business Center, the General Terms and Conditions, the General Terms and Conditions, the Terms of Use for registration and the posting of user content via the HolidayCheck Business Center apply in addition to these General Terms and Conditions.
(7) HolidayCheck reserves refusing or blocking Advertising Orders, also individual calls within the scope of a conclusion. Reasons for this may be the following, non-comprehensive list: if the content violates any laws or authority provisions; if the content is subject to complaint by the Deutscher Werberat in complaint proceedings or if publication is not tolerable for HolidayCheck due to the content, origin or technical form. In particular, HolidayCheck may withdraw an already-published advertising means if Contracting Partner makes any subsequent changes to the contents of the advertising means or if the data referred to by the link are subsequently changed.
(1) Advertising measures can be booked via the AdShop or the Business Center.
When booking via the AdShop, the Contracting Partner receives a campaign proposal via the so-called "Offer Tool". The offer can be edited by the contractual partner. When booking via the Business Centre, the contractual partner can create the desired campaign using the selection and design options provided in the Campaign Creator.
(3) By clicking the confirmation button, the Contracting Partner submits a binding offer to conclude a contract for the respective campaign. The contract shall only come into effect upon confirmation of the offer by HolidayCheck within three days in text form (e.g. by e-mail, fax, letter, sending of invoice) or by HolidayCheck providing the service. The contract is deemed to have been concluded with the content confirmed by HolidayCheck unless the Contracting Partner objects to the content of the contract in text form within three days.
(4) Conclusion of the contract may include publication of an advertising means or many advertising means.
(5) If the booking is done by Agencies, HolidayCheck shall have the right to forward booking confirmations to the advertisers.
(1) The Premium Profile can be booked at any time via the Self Service area upon registration in the Business Center.
(2) By clicking the confirmation button, the Contracting Partner submits a binding offer to conclude a contract for the Premium Profile. The contract is only concluded after confirmation of the offer by HolidayCheck within three days in text form (e.g. by e-mail, fax, letter, sending of invoice) or by HolidayCheck providing the service.
(3) The contract shall be valid for twelve months from the date of confirmation by HolidayCheck, unless the Contracting Partner has selected a later date of validity as part of the booking. It is automatically extended by a further twelve months if it is not terminated at least three months before the end of the term. The right to terminate without notice for good cause remains unaffected.
(4) Termination shall be done in the Business Center by clicking the Termination button in the Premium Profile area. If the Contracting Partner does not give notice of termination online via the Business Center, the termination must be made in text form. Terminations by e-mail must be sent to partner@holidaycheck.com. Termination by HolidayCheck AG is always made by e-mail to the e-mail address stored in the Contracting Partner's account.
(5) Payment shall be made monthly or annually in advance at the option of the contracting party. The amount due in each case shall be debited directly from the Contracting Partner's credit card. Payment for the first contract month or the first contract year is due immediately upon confirmation by HolidayCheck (see (2)). Further payments are due at the beginning of each additional contract month or contract year.
(1) All prices shall be stated in Euro, plus the respective applicable statutory VAT.
(2) Contracting shall receive an invoice for the total to be paid to HolidayCheck in advance. If not agreed differently, amounts invoiced by HolidayCheck shall be due for payment immediately.. Contracting Partner shall be obligated to review the advance payment invoice without delay and to assert any discrepancies in writing against HolidayCheck within 3 days (an email to partner@holidaycheck.com shall be sufficient). If no complaint about settlement takes place during this period, the invoice shall be deemed accepted. HolidayCheck expressly reserves assigning the claim and having it asserted by third parties (cash collection company, etc.).
(3) If payment is not made within 7 days from the date of the invoice, HolidayCheck reserves the right to suspend or terminate the provision of the respective service booked by the Contracting Partner. In this case, HolidayCheck will also open up the advertising space booked as part of the respective campaign for booking by other parties. Contracting Partner cannot derive any rights from this. In particular, the Contracting Partner shall not have any right to termination without notice.
(4) Services for which CPC-based settlement takes place shall be subject to the following provisions:
(5) Contracting Partner shall be responsible for placing/uploading/entering its advertisements and advertising means in time, i.e. at the beginning of the placement time. If it does not do so in time or misses the booked term entirely, it shall not have any claim to reimbursement of the payments already made.
(6) Contracting Partner shall be obligated to make the payment as soon as he places a booking via the HolidayCheck AdShop or concludes a contract with a HolidayCheck sales employee. The payment obligation of Contracting Partner towards HolidayCheck shall also apply if Contracting Partner has not placed/uploaded/entered its advertising means in time, i.e. at commencement of the placement time.
(7) If the payment received is reduced by transfer expenses, account fees or other deductions at payment by money transfer, the payment shall be deemed not made until the complete payment has been received in the bank account named in 9.10. The Contracting Partner alone shall bear the damage resulting from loss of performance due to missed payment.
(8) Booking-related discount campaigns (vouchers, promo codes, etc.) shall be one-time discount campaigns that are settled with the corresponding booking. Vouchers cannot be reused. Vouchers cannot be paid out directly and shall only be settled in connection with a booking. In case of (partial) cancellations, there shall not be any claim to the voucher used anymore; the corresponding amount shall not be credited. Vouchers shall only apply during the advertised period for a specific promotion campaign.
(1) For completion of the service obligations by HolidayCheck, the Contracting Partner's contribution shall be required for various services (e.g. provision of materials such as hotel pictures, etc.). Contracting Partner therefore shall ensure that it is able to react in a timely manner to any requests from HolidayCheck on the usual communication paths (e.g. email, phone, etc.). HolidayCheck must be informed early about any periods in which notifications and services cannot be received due to absence.
(2) Contracting Partner shall be obligated to deliver complete, impeccable and suitable advertising means at the least 8 working days before the placement starts. Any deviations shall be coordinated with HolidayCheck in writing or by email without delay. If no advertising means from Contracting Partner are available 8 days before the placement starts, HolidayCheck may cancel the campaign unilaterally, or deliver the campaign with its internally defined standard advertising means.
(3) In case of delayed advertising means delivery, and if HolidayCheck does not provide any standard advertising means for delivery of the campaign, proper performance of the contract is no longer guaranteed and reimbursement in the form of a credit is not possible.
(4) Contracting Partner shall ensure that any data or contents to be published (such as advertising materials or articles in social networks) do not violate applicable law and are not immoral.
(5) Contracting Partner shall ensure that it has the right to use links and other contents integrated into its advertising means. It shall also ensure that the websites to which the advertising means link comply with the respective applicable statutory specifications, in particular that they meet the imprint obligations and that there are no violations under competition law within the meaning of the UWG or the respective applicable national law.
(6) If the Contracting Partner must submit any materials (e.g. picture files, texts, etc.) to HolidayCheck, the Contracting Partner shall make a copy of such materials and back it up.
(7) The obligation of HolidayCheck to keep the advertising means shall end 3 months after its last delivery.
(8) Costs of HolidayCheck for any change to the advertising means desired by Contracting Partner that do not comply with the agreed specifications shall be assumed by Contracting Partner.
(9) If Contracting Partner does not meet its contribution obligations, HolidayCheck shall be released from its obligation to perform.
(10) Contracting Partner shall use state-of-the-art software with the target that advertising means submitted or placed by it are free of harmful code, such as viruses, trojans, etc.
(1) Contracting Partner shall grant HolidayCheck the usage rights required to perform the contract in the registered names, trademarks and logos of Contracting Partner for campaigns of the ordered type and any connected measures free of charge during the term of the contract. Contracting Partner shall transfer any usage, rights under copyright law, ancillary copyright and other rights required for use of the advertisement online media of any kind to HolidayCheck, in particular the right to reproduction, distribution, transfer, transmission, making accessible, editing, removal from a database and calling up, without limitation in time, location and content, at the scope required for performance of the order. The above rights shall be transferred without local restriction in any case, and shall entitle to placement by any known technical procedure and any known form of online media.
(2) Contracting Partner guarantees that it holds the rights in all materials submitted to contractual use, and that it specifically has the required copyright, trademark, usage, personality and other rights. Contracting Partner warrants and represents that the advertising means do not violate applicable law (e.g. applicable youth protection and criminal laws, and unfair competition law). Furthermore, the advertising means must not contain any pornographic contents or contents glorifying violence or war or infringing any personality rights.
(3) Contracting Partner warrants that the materials provided for rendering the services are not subject to any copyright, trademark, usage, personality and/or other third-party rights that oppose use for the contractual purpose. Review by HolidayCheck shall not take place.
(4) Contracting Partner shall hold HolidayCheck harmless from and indemnify HolidayCheck against any claims or demands that are asserted due to violation of the rights named above in items 9.1., 9.2. and 9.3. and that are due to the fault of Contracting Partner. Contracting Partner shall be obligated to reimburse HolidayCheck for any costs arising for defence of rights in this respect and for any other damage.
(5) Furthermore, Contracting Partner authorizes HolidayCheck to pass on advertising information to recognized market research companies for market research purposes at an appropriate scope. If Contracting Partner does not agree with this, it shall inform HolidayCheck of this at conclusion of the contract.
(6) If Contracting Partner acquires or collects any data from placement of advertising means in the online offers of HolidayCheck by using special techniques, such as the use of cookies or counting pixels, Contracting Partner represents that it will comply with the statutory provisions in particular of the Telemedia Act (Telemediengesetz; TMG) and the General Data Protection Regulation (GDPR) when collecting, processing and using personal data.
(7) As far as any anonymous or pseudonymized data (that thus also can be referred to a person) result for Contracting Partner from access to the advertising means delivered by it for online offers of HolidayCheck, Contracting Partner may evaluate these data – as far as legally admissible - within the scope of the respective contract for the specific advertiser that Contracting Partner charged with placement of the respective campaign.
(8) Contracting Partner must not process, use and pass on any data (anonymous or referable to a person) from access to the advertising means delivered by it for online offers of HolidayCheck apart from this. In particular, Contracting Partner must not store, evaluate, otherwise use and/or pass on the data from advertisements placed on the online offers of HolidayCheck for its own purposes. This prohibition shall also include the creation of profiles from the usage behaviour of the users on the online offer of HolidayCheck and their further use.
(9) If the Contracting Partner uses any third-party systems for placement of advertising means on the online offers of HolidayCheck, it shall ensure that the system operator complies with these agreements.
(1) For contractual or non-contractual claims, HolidayCheck shall only be liable for damage caused by intentional or grossly negligent actions as well as for damage resulting from simple negligent breaches of essential contractual obligations the performance of which is required to properly execute this agreement, the violation of which endangers achievement of the purpose of this agreement and compliance with Contracting Partner regularly trusts in ("cardinal obligations"). In the latter case, liability shall be limited to the typical contractual damage foreseeable at the time of conclusion of the contract.
(2) HolidayCheck shall not assume any liability for lost profit, turnover, data or consequential damage and indirect damage, except if HolidayCheck acted wilfully or grossly negligently.
(3) The above limitations of liability shall not apply in the event of damage to life, body or health, in the scope of application of the Product Liability Act and in the event of the assumption of express warranties.
(4) Contracting Partner shall be obligated to take appropriate measures to reduce damage. This shall specifically apply to reprocurement of data and the regular creation of backup copies required for this.
(5) With the exception of claims from illegal actions, damages claims of the client for which liability is limited according to this item shall expire after one year from the statutory start of prescription.
(1) HolidayCheck warrants best reproduction of the advertising means, in the scope of the foreseeable requirements, according to the respective common technical standard. Contracting Partner is, however, aware that it is not possible according to the state of the art to compile a program entirely free of mistakes. A mistake in presentation of the advertising means shall specifically not be present if the impairment is caused by use of unsuitable presentation software and/or hardware (e.g. version of the common Internet browsers, such as Internet Explorer, Firefox, Safari, Chrome, Opera, that are no longer up to date) or from interferences in the communication networks of other operators, or through computer failure on the side of third parties (e.g. other providers), due to incomplete and/or not updated offers on proxies (interim storage) or through failure of the AdServer that does not continue for longer than 24 hours (consecutively or added up) within 30 days of commencement of the contractually agreed placement. If the AdServer fails for a considerable time in the scope of a time-specific fixed booking, no payment obligation of Contracting Partner for the period of the failure shall apply. Further claims are excluded.
(2) In case of insufficient reproduction quality not due to fault, Contracting Partner shall have a claim to impeccable replacement advertisement or replacement placement in a comparable environment without delay, but only at the scope at which the purpose of the advertising means was impaired. If HolidayCheck lets any appropriate period granted to it for this by extension of the publication period pass or if placement of replacement advertisement is unreasonable for Contracting Partner or if it fails, Contracting Partner shall receive a reimbursement for the period during which the advertising means did not correspond to the quality of the delivered advertising means.
(3) If any defects in the delivered advertising means are not obvious, Contracting Partner shall not have any claims at insufficient publication. The same shall apply in case of mistakes in repeated advertisement placements if Contracting Partner does not indicate the error before publication of the next placement of the advertisement.
(4) Contracting Partner shall review the advertising measure without delay after the first publication date and report any defects in text form (reporting obligation). In case of obvious defects, this report must be made within 3 working days after initial appearance, in case of concealed defects within the same period after its discovery.
(5) HolidayCheck does not warranty that third-party services, in particular network services or other third-party provisions, are always present without interruption, without defects and securely.
(6) A defect within the meaning of the warranty shall only be a reproducible mistake the cause of which is due to a defect of quality of the services of HolidayCheck. Specifically, function impairment resulting from hardware defects, ambiance conditions, wrong operation, inadmissible or defective data, etc. shall not be defects.
(7) Warranty rights shall expire 12 months after Contracting Partner gains knowledge of the service not rendered by HolidayCheck, not rendered in time or not rendered properly.
If performance of an order fails due to reasons for which HolidayCheck is not at fault (e.g. for editorial or technical reasons), in particular due to "force majeure, strikes, due to statutory provisions, interferences from the area of responsibility of third parties (e.g. other providers), network operators or service providers (e.g. Adserver providers) or for comparable reasons, there is no claim to compensation and evaluation of the order shall take place subsequently when sufficient availability is reached. When performed subsequently within an appropriate and reasonable time after removal of the fault, the remuneration claim of HolidayCheck shall continue and shall be charged after subsequent performance. In case of a considerable delay, Contracting Partner shall be informed about this.
(1) Terminations of Advertising Orders shall take place in writing or by email to partner@holidaycheck.com. The cancellation period shall be 2 weeks before commencement of the booked campaign, and 2 weeks before the end of the month if the booked campaign is already in progress.
(2) In case the period between booking and start of the campaign is less than two weeks, a termination prior to the start of the campaign is excluded.
(3) The cancellation fees shall be charged to Client in the following cases: Cancellation until 1 week before the campaign starts: 50% of the net-net campaign value / cancellation up to 3 working days before the campaign starts: 80% of the net-net campaign value / cancellation as of 3 working days before the campaign starts and later: 100% of the net net campaign value.
(4) Extraordinary termination
(5) If a contract is concluded for an indeterminate period of time, HolidayCheck and Contracting Partner shall have the right to terminate the contract properly with a period of 6 months at the end of the year.
(6) Reimbursement of click-budgets that have been paid for but not fully utilized yet shall be possible subject to retention of an expense flat-rate of 30 % of the amount to be reimbursed provided that there are no further unpaid claims of HolidayCheck against Contracting Partner.
(7) Already-mediated and completed advertisement placements shall not be affected by termination of the usage relationship. Termination of the usage relationship shall, at the same time, be deemed termination of all ongoing advertising contract relationships, with advertising contract relationships only ending at the end of the agreed term or after completion of the promised performance volume. Reimbursement of downpayments therefore is not an option.
(1) The parties commit to treating all confidential information of the respective other party acquired within the scope of performing the contract confidentially and to only use it for the contractual purpose. This specifically includes technical as well as non-technical information, data, ideas, inventions, business secrets and/or know-how, as well as other information that is designated or recognisable as confidential.
(2) The parties commit to not utilising any confidential information received and to in particular not register any property rights. Property, exploitation and usage rights in confidential information, the know-how connected to it and potentially registered for it or issued for it are not granted. Provision of the confidential information shall not found any prior usage rights for the receiving party.
(3) Internal disclosure of the confidential information shall only be permitted as far as this is required for the contractual purpose (need-to-know) and as far as it is ensured that only those employees will receive the confidential information on whom obligations comparable to the ones contained in this contract are or were imposed.
(4) The parties commit to not making any confidential information accessible to any third parties and to protect them by appropriate secrecy protection measures. Reproduction of such confidential information, except as far as it exclusively serves to meet the contract, is not permitted. All confidential information received and any copies made of it shall be returned to the respective party or destroyed/deleted without undue delay upon request. This obligation shall not apply to backup copies of electronic data traffic produced in routine backups, as well as any confidential information and copies of these that the recipient must keep under applicable law. These copies and retained confidential information shall, however, continue to be subject to the provisions of this contract apart from this.
(5) The parties in particular commit to not re-develop any confidential information received without the explicit written consent of the other Contracting Partner, and to not examine it for its composition and/or production (prohibition of reverse engineering).
(6) The above obligations shall not apply to confidential information (i) that was generally accessible at the time of disclosure already or has subsequently become generally accessible without non-observation of the above provisions contributing to the cause of this, (ii) that was already in possession of the receiving Contracting Partner before disclosure, (iii) that was subsequently disclosed by a third party without any obligation of secrecy, except if forwarding by the third party violates a secret protection obligation according to knowledge of the receiving Contracting Partner, or (iv) that has been developed independently by an employee of the receiving Contracting Partner without any knowledge of the disclosed confidential information. If and as far as the receiving Contracting Partner is obligated to disclose confidential information by court or authority orders, it shall have the right to disclose as far as the order requires this, provided that it informs the disclosing party without undue delay - as far as legally permissible - in order to enable it to exercise its rights. The burden of evidence for the presence of one of the above exceptions shall be borne by the Contracting Partner who cites them.
(7) The above obligations shall apply without limitation in time, in particular also after termination of the contract and the cooperation.
The Advertising Order shall be processed under consideration of the applicable provisions under data protection law. For more information, see http://www.holidaycheck.de/datenschutz.
(1) Assignment of the claims from the Advertising Order by Contracting Partner shall require the advance written consent of HolidayCheck.
(2) Contracting Partner muse only set off any claims against HolidayCheck if the client's claims are undisputed or have been finally determined.
Unless otherwise expressly stipulated in these General Terms and Conditions or expressly agreed in writing between the Contracting Partner and HolidayCheck, these General Terms and Conditions contain all terms and conditions agreed between the Contracting Partner and HolidayCheck with regard to HolidayCheck's B2B services and shall supersede all previous verbal or written agreements with regard to the subject matter of these General Terms and Conditions.
(1) If individual provisions are wholly or partially not legally valid or impractical, or if they lose their validity of practicality at a later time, this shall not affect the validity of the remaining provisions. The invalid or impractical provisions shall be replaced by such provision that comes as close as possible to what the Contracting Partners wanted according to the original meaning and purpose of the invalid or unenforceable provision within the scope that is legally possible in terms of place, time, scope and economic target. The same shall apply mutatis mutandis for filling gaps.
(2) HolidayCheck may amend these General Terms and Conditions with 4 weeks' notice if the amendment is reasonable for the Contracting Partner, taking into account HolidayCheck's interests. The right to amend does not apply to essential provisions of the contractual relationship, such as the contractual period. If the Contracting Partner does not object to the change within the time limit set by HolidayCheck, the change is considered approved. HolidayCheck shall indicate this aspect to the Contracting Partner in the change notification.
(1) HolidayCheck is the owner of all usage rights in the designs and layouts used and functions of the website of the HolidayCheck AdShop. Any use of such data shall be subject to the express advance approval of HolidayCheck.
(2) This contract shall be subject to German law exclusively, subject to exclusion of international private law and UN sales law (CISG).
(3) The exclusive place of jurisdiction for disputes under asset law from or in connection with this contract shall be Munich, as far as the parties are merchants, legal entities under public law or public-law special funds, and no legally exclusive place of jurisdiction has been founded.
(4) Contracting Partner must only use HolidayCheck as a reference with the explicit written and revocable consent of HolidayCheck. In particular, HolidayCheck reserves use of its name, company logo, registered trademarks or templates.