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e-Commerce Day 2019

General Terms and Conditions of Business

These General Terms and Conditions of Business, which shall occasionally be subject to amendment, shall apply to all AVANTEL services which, directly or indirectly, are provided via the Internet, e-mail or the telephone. When accessing, surfing and using our booking portal and/or upon the placement of a booking you shall confirm that you have read and understood the General Terms and Conditions stated below, including the data protection provisions, and that you agree to the same.

1. Scope of our services

Via our booking portal we, AVANTEL Hotel Reservierung GmbH, provide an online platform via which hotels offer their rooms for booking purposes and visitors to this website can place bookings.

AVANTEL distinguishes between two settlement procedures:

1.1. Settlement with AVANTEL

When placing a booking via the AVANTEL booking platform, as an AVANTEL customer you shall enter into a direct, legally binding contractual relationship with AVANTEL Hotel Reservierung GmbH as the hotel provider with which you are placing your booking. From the date of your booking onwards AVANTEL shall be your direct contract partner which shall process your booking, confirm your reservation from its own allocation and send you an invoice, and to which you shall render the payment of the overall invoice.

1.2. Settlement at the hotel

When placing a booking via the AVANTEL booking platform as a self-pay customer you shall enter into a direct (legally binding) contractual relationship with the hotel with which you place your booking. From the date of your booking onwards we shall act solely as the mediator between yourself and the hotel which shall forward the details of your booking to the relevant hotel and send you an e-mail confirmation on behalf and in the name of such hotel. The settlement method shall be stipulated on a project-related basis and cannot be freely chosen. The information which we use for the purpose of providing our services is based on the information with which we are furnished by the hotels. The hotels have access to the Extranet and thus shall bear sole responsibility for ensuring that information which is contained on our website is continually updated. Notwithstanding the fact that we adopt a very diligent and conscientious approach towards the provision of our services we can neither check nor guarantee that all information is accurate, correct and complete, and neither can we be held responsible for any errors, including any obvious errors or misprints, interruptions in consequence of a time-limited and/or partial outage, repair, updating or maintenance operations in respect of our booking platform or any other reasons, or for any inaccurate, misleading or untrue information or the non-communication of information. Each and every hotel shall remain responsible at all times for the accuracy, completeness and correctness of the descriptive information contained on our website. Our booking platform shall not constitute a recommendation or confirmation of the quality, service level or prices of an available hotel and shall not be considered to constitute such a recommendation or such confirmation. You shall not be permitted to market any contents or information, software, products or services which are available on our website for commercial or competitive purposes, link the same to sub-pages of websites or utilize, copy, extract (using, for example, Spider or Scrape), republish, upload or reproduce the same.

2. Prices

The prices contained on our website are extremely competitive. All the prices contained on the AVANTEL booking platform shall apply per room and for the entire duration of a stay, be displayed including value-added tax and all other applicable taxes and thus be subject to tax fluctuations insofar as nothing to the contrary is stated on our booking platform or in your e mail confirmation. It is our wish that you should pay the lowest possible price for your stay at a hotel. Should you have any queries please do not hesitate to contact the project leaders of the relevant booking platform.

3. Data protection

AVANTEL shall respect the confidentiality of its customer's personal information. Under no circumstances shall we forward any reservation commission data to any third parties without your consent except for when we communicate your name, e-mail address and credit card information to the hotel of your choice and in cases where any prevailing statutory provisions stipulate the communication of such data. For further information please note our data protection provisions.

4. Exemption from charges

AVANTEL services shall be free of charge. In contrast to numerous other providers we shall not invoice you for our services and no additional booking fees shall be charged to the room price. The hotel price shall correspond to an up-to-the-minute volume agreement for large hotel allocations. Given settlement at the hotel we shall not debit your credit card since payment for your stay shall be rendered at the hotel direct.

5. Credit card

Given settlement at the hotel AVANTEL shall require certain credit card information details in order to guarantee the booking. We shall therefore request and, if necessary, check your credit card information direct; in other words, perform a pre-authorization operation. In addition, we shall utilize the Secure Socket Layer (SSL) system in order to protect and encode your credit card information during transmission.

Given settlement with AVANTEL please note that for certain price quotations a pre authorization operation shall be performed or your credit card debited when your booking is reserved, occasionally without any possibility of a refund. Please check the details pertaining to rooms carefully for separate payment stipulations before placing a booking.

In the event of an incidence of credit card fraud or abuse by third parties the majority of banks and credit card companies bear the risk and cover all the costs arising from an incidence of fraud or abuse, occasionally in conjunction with a retention. Compensation for this retention shall be guaranteed solely in the case of bookings which have been placed on the secure AVANTEL server and in the event that the abuse of your credit card should be our fault or attributable to our negligence and not to any fault of yours when using the secure server.

6. Cancellations

When placing a booking at a hotel you shall accept the hotel's regulations governing cancellations and non-appearance which may enter into force with regard to your booking or stay. The hotel's general regulations governing cancellations and non-appearance shall be cited on the hotel's information pages on our booking platform, during the booking process and in your e-mail confirmation. Please note that it might not be possible to cancel or change certain prices or offers. Please check the details pertaining to rooms carefully for separate regulations before placing a booking.

Please note that, pursuant to the regulations governing cancellations and non-appearance it shall be possible to charge you a fee. We recommend that you study the regulations governing cancellations and non-appearance carefully before placing a booking.

7. Correspondence

Besides the e-mail confirming your booking and a commission-related invoice we shall send you no further messages, e-mails or letters insofar as you do not expressly agree to receiving the same.

8. Liability exclusion

Pursuant to the provisions contained in these General Terms and Conditions of Business, given both one occurrence and a number of interlinked occurrences we shall be liable solely for direct incidences of prejudice which you incur in consequence of the non fulfilment of our obligations in relation to our services, though only up to the total booking amount stated in the e-mail confirmation.

We shall not be liable for indemnification obligations, incidences of concrete or indirect prejudice, incidences of consequential prejudice, loss of productivity, loss of profit, loss of income, a contractual loss, a loss of business standing or the loss of an entitlement, any inaccuracies in relation to the descriptive hotel information which is available on our booking platform, the services on offer from a hotel or its products, any incidences of indirect, direct and consequential prejudice or any indemnification obligations or any losses or costs which you incur stemming from or in connection with the utilization of our booking platform or the impossibility of using such platform or a platform delay, or personal injury, death, property damage or any other incidences of indirect, direct, concrete or consequential prejudice or any indemnification obligations or any losses and costs which you incur, irrespective of whether or not these are attributable to legal acts, errors, breaches of contract, gross negligence, wilful misconduct, omissions, incidences of non-fulfilment, inaccurate depictions, illegal acts or incidences of strict liability which can wholly or partially be ascribed to the hotel, its employees, its management, its authorized representatives, its representatives or partnership enterprises, including partial cancellations, overbooking, strike, Acts of God or any other events upon which influence cannot be exercised.

9. Miscellaneous

Insofar as nothing to the contrary is stated elsewhere, the software which is used for our services or website and which is available on such website and the intellectual property, including the copyrights to the contents and applications on our booking platform, shall be the property of AVANTEL Hotel Reservierung GmbH, its partners or providers.

These General Terms and Conditions of Business shall be subject to German laws and shall be interpreted pursuant to such laws; all disputes arising from or in connection with these General Terms and Conditions of Business and our services shall be asserted exclusively at the competent court in Aachen, Germany.