General terms and conditions for sports travel providers
§ 1 Recognition of the general terms and conditions
The following general terms and conditions (GTC) apply exclusively to all services, deliveries and offers provided by sportsmeeting.com.
By visiting sportsmeeting.com (hereinafter referred to as the web portal) by Fredy Scharkowski (hereinafter referred to as sportsmeeting.com), using the website and associated services from sportsmeeting.com, the visitor accepts these general terms and conditions.
sportsmeeting.com does not recognize any other general terms and conditions.
§ 2 service
sportsmeeting.com publishes advertisements for sports trips from sports ice providers and compiles them for web portal users who want to book a sports trip (hereinafter referred to as sports travelers) for viewing and booking. The publication of the advertisements includes an overview of offer data with price in possible booking periods as well as the possibility of direct booking with the sports travel provider. Parties to a resulting travel contract for a sports trip are exclusively the sports travel provider and the sports traveler, but not sportsmeeting.com.
1. The use of the sportsmeeting.com web portal requires registration for the sports travel provider. Personal data is transmitted here. The sports travel provider assures that he provides truthful and complete information. The data must be kept up-to-date by the sports ice cream provider. sportsmeeting.com is entitled to temporarily or permanently exclude sports travel providers from using the web portal if the information provided is false or incomplete.
With the registration, sports travel providers receive their own account on the sportsmeeting.com web portal. This is protected by a password determined by the sports travel provider or automatically generated. The sports travel provider is obliged to treat his account data confidentially and, if necessary, to report abuse by third parties to sportsmeeting.com.
3. For the sports traveler, personal contact details must be sent in order to contact the sports travel provider and for the booking process.
4. At the same time, the sports traveler agrees that after a booking has been sent, a free registration will take place and a sports traveler account will be created in which the sports traveler can manage his personal inquiries, the wish list and his profile.
§4 advertisements and prices
1. Sports travel providers are able to advertise sports travel to sports travelers via the sportsmeeting.com web portal. The sports travel provider has to pay a fee to sportsmeeting.com for the advertisement. The marketing fee is 10% of the total booked travel price (see § 6). The sports travel provider can post descriptions and images of a sports trip (accommodation + sports services) per advertisement as well as prices in EURO (€) for accommodation and sports services in variable travel times. The sports travel provider assures that the descriptions and images as well as other submitted material are free of third party rights, in particular copyrights and trademark rights. Furthermore, the sports travel provider assures that neither the descriptions, nor do the images and other submitted material contain criminal content, pornography and gross language. The sports travel provider or publisher is responsible for the content of the descriptions and images.
2.sportsmeeting.com is entitled to shorten, summarize or not publish at all the submitted materials such as images or descriptions. Furthermore, due to the necessary compression, color losses or display deviations in size or ratio can occur in the image. The sports travel provider hereby agrees.
3. The sports travel provider grants sportmeetings.com a non-exclusive, sublicensable, free, transferable, worldwide license for the use of any content of the advertisement published by the sports travel provider on the web portal. This license ends when the sports travel provider deletes the published content individually (proportionally with regard to the removed content) or the entire advertisement from the sportsmeeting.com web portal or the contractual relationship ends.
4. The payment modalities are based on the respectively valid conditions of sportsmeeting.com and can be found on the web portal.
The sports traveler incurs no costs by using the web portal.
§5 conclusion of contract
1. By submitting an advertisement to sportsmeeting.com, the sports travel provider sportsmeeting.com submits an offer to advertise a holiday accommodation. The contract is concluded either through the approval of sportsmeeting.com or through the publication of the advertisement on the sportsmeeting.com web portal. sportsmeeting.com is entitled to reject advertisements without giving reasons.
2. The duration of the contract is based on the respectively valid conditions of sportsmeeting.com.
3.sportsmeeting.com is entitled to remove the sports travel provider's advertisement from the offer, provided that circumstances become known that make sportsmeeting.com unreasonable for further advertisements. This is particularly the case if well-founded complaints from sports travelers about the sports trip become known. If the circumstances can be canceled, the sports travel provider can request that the advertisement be re-uploaded. The sports travel provider must provide evidence of the storage. The interruption of the advertisement constitutes neither an extension of the duration of the advertisement nor a claim for payment.
§6 Marketing Fees & Booking Process
1. The marketing fee is 10% of the booked travel price.
After a binding booking, the traveler receives a travel confirmation from sportsmeeting.com with the travel price. sportsmeeting.com charges the sports traveler a down payment of 10% of the travel price, which is due immediately.
3. After a binding booking, the sports travel provider receives a travel confirmation from sportsmeeting.com with the travel price, the booking details with the booked travel services and the contact details of the sports traveler (s). The sports travel provider sends the sports traveler his invoice with his terms and conditions. The sports traveler has to pay the sports travel provider the remaining 90% of the travel price. The sports travel provider coordinates the necessary dates and modalities of the booked sports services (courses, green fees, equipment, applications) with the sports traveler.
4. The sports travel provider informs sportsmeeting.com immediately of any disruption to this process.
§7 liability and indemnity
1. sportsmeeting.com is not liable for damage or other claims arising from the contractual relationship between the sports travel provider and the sports traveler. sportsmeeting.com does not become a contractual partner in the contract between the sports travel provider and the sports traveler. The activity of sportsmeeting.com is limited to the publication of advertisements.
2. Under the contractual relationship with sportsmeeting.com, sportsmeeting.com is only liable for damage from slightly negligent breach of duty for the foreseeable average damage typical for the contract. The liability for vicarious agents and legal representatives of sportsmeeting.com applies accordingly. If the contractual partner is an entrepreneur within the meaning of § 14 BGB, sportsmeeting.com is not liable for the breach of non-essential contractual obligations in a slightly negligent manner. Otherwise, the statutory provisions apply.
3. The limitations of liability in paragraph 2 do not apply
1. in the event of a breach of a guarantee
2. in the event of a violation of the Product Liability Act
3. in the absence of a guaranteed quality
4. for claims that arose from malicious behavior on the part of sportsmeeting.com
5. in the case of liability for a guaranteed quality feature and
6. in the event of injury to life, body or health
In the event that sportsmeeting.com is exceeded by claims of third parties or due to the abuse of an account by third parties due to the submitted material as well as images and descriptions by the sports travel provider or contributions by the sports travel provider or other contributions, the sports travel provider shall provide sportsmeeting .com free from these claims. Furthermore, the sports travel provider sportsmeeting.com compensates the damage from necessary legal defense against third party claims based on the material submitted by the sports travel provider, as well as images and descriptions. The same applies to further claims from actions or injuries for which the sports travel provider is responsible.
§8 Availability of the web portal / changes
sportsmeeting.com endeavors to ensure the seamless availability of the web portal. Nevertheless, there may be temporary failures, for example for maintenance reasons. The temporary failure of the web portal does not entitle any claims against sportsmeeting.com. sportsmeeting.com is also entitled to change the functions and design of the web portal without this affecting the contract.
§9 final provisions
1.sportsmeeting.com is entitled to change the content of the terms and conditions without giving reasons with the consent of the sports travel provider. The changed conditions will be sent to the sports travel provider by email no later than two weeks before they come into force. If the sports travel provider does not object to the validity of the new terms and conditions within four weeks of receiving the email, the changed terms and conditions are deemed to have been accepted. The consent to the change in the contract is deemed to have been given unless the sports travel provider objects to the change in writing within four weeks of receipt of the notification of change. sportsmeeting.com undertakes to notify the sports travel provider of the consequences of failing to object with the notification of change.
2. If the sports travel provider is a businessman within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of jurisdiction is the seat of sportsmeeting.com; currently Burgstr. 2, 54518 Kesten, Germany. In this case, sportsmeeting.com is also entitled to take action against the sports travel provider at sportsmeeting.com's choice of court of residence. The same applies in the event that the sports travel provider does not have a general place of jurisdiction in Germany, relocates its domicile or habitual abode outside of Germany after the conclusion of the contract, or its domicile or habitual abode is unknown when legal action is taken.
3. The contract in accordance with these general terms and conditions is subject exclusively to the substantive law of the Federal Republic of Germany. The validity of the UN sales law is excluded. If the sports travel provider is a consumer within the meaning of Section 13 of the German Civil Code (BGB) and has his habitual residence abroad, the mandatory provisions of this country remain unaffected.
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