TUI AG, Berlin Hanover (hereinafter referred to as the "Operator") operates an information and communication platform with online booking functionality (booking platform) for end customers at www.iberotel.de (hereinafter referred to as the "Website"). On the Website, users of the Website (hereinafter referred to as "Users") can check information about the hotels in the Iberotel chain and the availability of accommodation services, and can also make direct bookings (booking of hotel services).
When booking hotel services, etc. (hereinafter referred to as "Hotel Services") via the website, only contractual relationships between the hotel in question and the customer/User are established. The Operator acts solely as an agent for the hotel services.
Use of the Website, in particular the arrangement of Hotel Services via the Website, is free of charge to the customer.
1. General information on the Website
1.1 The Operator offers all the general information made available on the Website solely as a guide for Users. A User is any person who uses the Website for booking or information purposes. General information is any information on the Website, with the exception of compulsory information which is prescribed by law in respect of the Hotel Services. The general information may change at any time.
2. Use of the Website
2.1 The Website is made available to the User for personal use only. Hotel Services obtained via the Website must not be sold on to, arranged on behalf of or otherwise passed on to third parties by the User against payment.
2.2 The Operator reserves the right, at its sole discretion, to refuse access by Users to this Website or parts thereof without notice and/or to cease operation of the Website without notice.
2.3 The Operator reserves the right to make changes to the Website or its content at any time, in particular in respect of the choice of suppliers, features, information, databases or their contents.
In particular, the following rules apply:
a) The User bears full responsibility for all activities carried out on the Website in
his name and using his personal data.
b) The User must be at least 18 years old and have full legal capacity to enter into a contract.
c) The User guarantees that any information that he provides in respect of himself and/or his fellow travellers is accurate.
d) The Website must not be used for speculative purposes, false or fraudulent bookings or block bookings.
e) Threats, coercion, defamation and the transmission of pornographic or racist material, material which incites popular hatred, or otherwise illegal and/or discriminatory material are expressly prohibited.
f) The Website and its content must not be changed, copied, passed on, sold, published or in any other way reproduced by the User. However, the taking of a single copy of a page for private, non-commercial use is permitted.
g) Files containing software or other material which are subject to intellectual property rights or are protected by privacy legislation must not be circulated unless the User is the holder of the rights or the User has obtained the necessary authorisation.
h) Files containing viruses, corrupted files or software which might adversely affect the functioning of a computer belonging to a third party must not be installed.
i) The use of automated systems or automated software to extract data from the Website for commercial purposes ("screen scraping") is prohibited.
j) Attributions of authorship, legal notices, descriptions of property or identifying marks which appear in uploaded files (software or any other material) must not be deleted or rendered incorrect.
k) Goods or services may not be advertised or offered for sale. Surveys, competitions or chain letters may not be carried out or circulated.
l) Access to the website may be gained solely via the relevant home page. Hyperlinks may not be displayed – by inclusion within frames or by other means – without obtaining the prior written consent of the Operator.
2.5 The rules set out in Section 2.4 apply by analogy to any bulletin boards, blogs, chat rooms and other communication forums (hereinafter referred to as "Forums") on the Website. All Forums are a means of public communication and are not intended for private communication. Any content placed on such Forums by third parties is not checked or approved by the Operator before it appears. The Operator reserves the right to remove without prior notice any content on Forums which has been communicated or transmitted by Users.
2.6 The User undertakes to hold the Operator as well as any affiliated companies as defined in Section 15 ff. of the German Stock Corporation Act, partner companies (e.g. hotel companies) and their employees harmless at first request from any claims by third parties (including the costs of a reasonable legal defence or prosecution) which are based on use of the Website and its content by the User that is not in conformity with the contract or is improper or otherwise illegal.
3.1 The operator, its affiliated companies and/or partner companies own all the intellectual property rights in the computer programs written in machine code (hereinafter referred to as "Software") which the operator provides for downloading (hereinafter referred to as "Download") on the Website and/or which are otherwise run on or in connection with the Website. Unauthorised use, reproduction or passing on of such Software is expressly prohibited.
3.2 Use of the Software may be subject to a special agreement (hereinafter referred to as "Licensing Contract") and other conditions. The User will receive detailed information in advance regarding the necessity for an agreement of this nature. The User must not install, copy or use any software which is subject to a Licensing Contract or contains a Licensing Contract without first agreeing to the terms and conditions of the Licensing Contract.
3.4 Liability for material and legal defects in respect of the Software shall exist solely insofar as this is prescribed by law or expressly required and at all events based solely on the terms and conditions of the Licensing Contract.
3.5 Any reproduction of the Software on other servers and/or data carriers for the purpose of further reproduction is expressly prohibited. The same applies to tracing of the software by reverse engineering, decompilation and/or disassembly.
4. Liability of the Operator
4.1 The Operator accepts no liability for the success of the arrangement services or the provision of the Hotel Services per se, but only for ensuring that the arrangement services are carried out with due diligence according to the principles of sound stewardship.
4.2 The content of the Website (including the general information) has been compiled with great care. However, the accuracy, completeness and topicality of the content cannot be guaranteed. The Operator as service provider is responsible under Section 7(1) of the German Telemedia Act (TMG) for its own content on its Website in accordance with the general legislation. However, under Sections 8-10 of the German Telemedia Act, the Operator as service provider is not required to monitor third-party information which has been transmitted or saved or to investigate any circumstances which point to illegal activity. Obligations to remove or block the use of information arising from general legislation remain unaffected. However, liability in this respect is only possible from the time when the Operator becomes aware of a specific breach of the law. On becoming aware of any corresponding breach of the law, the Operator will immediately remove such content.
5. Liability for hyperlinks
The Website contains links to external websites of third parties. The Operator has no influence over the content of such websites. Therefore the Operator cannot guarantee the content of such third-party sites. The provider or operator of such sites is always responsible for the content of linked sites. The linked sites were checked for possible breaches of the law when the link was established. No illegal content was identified when the link was established. However, ongoing monitoring of the content of linked sites is unreasonable without concrete evidence of a breach of the law. On becoming aware of breaches of the law, the Operator will immediately remove such links.
6. Copyright and trade marks
The Operator owns the copyright and all other intellectual property rights in the Website and its content. All content is the property of the Operator and its affiliated companies, unless ownership by a third party is specifically indicated. The sign IBEROTEL is a trade mark owned by the Operator. The User receives no rights or licences to use this trade mark.
7. Data protection
It is normally possible to use the Website without supplying personal data. Any gathering of personal data (such as names, addresses or e-mail addresses) on the Website always, as far as possible, takes place on a voluntary basis. Such data is not passed to third parties without the express consent of the User. Further information about data protection can be found at "Data protection declaration".
Attention is drawn to the fact that data transfer on the internet (e.g. via e-mail communication) may not be secure. It is impossible to protect data completely against access by third parties.
TUI AG, Iberotel Hotels & Resorts, Karl-Wiechert-Allee-4, 30625 Hanover
Members of the Executive Board are: Friedrich Joussen (CEO), David Burling, Horst Baier, Sebastian Ebel, Dr. Elke Eller, William Waggott
Registered Office: Berlin/Hannover
Trade Register: District Court of
Berlin Charlottenburg HRB 321
Date: December 2012