Terms and Conditions (GTC)

 General terms of use from adria-booking.net to the landlord

 

1. Scope

  1. The following conditions are the basis of all contracts with www.adria-booking.net, John-Locke-Str. 39, 1205 Berlin, Germany (provider), in business transactions with entrepreneurs (landlords).
  2. They apply in the version valid at the time of the conclusion of the contract in addition to the applicable law for current and future transactions between the provider and the lessor, even if they are not expressly agreed again.
  3. Deviating general terms and conditions of the lessor will not be recognized unless the provider agrees to their validity in writing.

2. Contract

  1. The subject of the contract is advertising space in the online portal www.adria-booking.net for renting holiday accommodation, including arranging contacts between landlords and potential guests, as well as the possible advertising of offers.
  2. The subject of the contract is not the mediation of the rental of buildings. In particular, the provider is not a contractual partner in the contractual relationship between the landlord and the guests.

3. Conclusion of contract

  1. If the Apartment Tenant wants to set up his facilities on the www.adria-booking.net platform, he can create a user account (registration) on www.adria-booking.net free of charge by providing a username and password. Any natural person with legal capacity can register.
  2. If a natural person applies for the company, they declare that they are the authorized representative of the company.
  3. Placing advertisements for private apartments is free of charge and there is no separate contract, it does not necessarily oblige the landlord to accommodate guests, etc. The fee is only paid if the reservation is accepted.
  4. When placing a paid advertisement (for hotels, campsites, etc.), an advertising contract is concluded between the parties. The contract comes about through the approval and publication of the advertisement in the prescribed procedure for placement and payment of the corresponding fee.
  5. Payment can be made by bank transfer or PayPal. All costs incurred for the payment of bank charges are at the expense of the renter.

4. Terms of Use

  1. When registering, each tenant receives their user profile, in which they can store all their data and in which all of the accommodation offered is displayed (closed user field).
  2. Various management functions are available to the landlord in the closed user area, for example:

- availability calendar

- the ability to enter the prices of objects

- invoice form etc.

 

5. The ads

  1. Any landlord who owns a facility and meets our conditions for placing facilities can place their facility on the portal.
  2. An unlimited number of images can be placed per ad. All ads on the www.adria-booking.net portal are displayed in the search engine with an image in a brief description linked to the full ad.
  3. Short descriptions are sorted and displayed in the search engine according to www.adria-booking.net criteria. Guests can choose the criteria by which the ads are displayed.
  4. Ads on www.adria-booking.net are connected to Google Maps. The tenant undertakes to enter the address of the objects in the closed user field and to confirm the correctness of the address so that the connection to Google Maps can take place.

6. Duration and termination of the contract (only paid ads)

  1. The contract is concluded for a period of 12 months, unless the provider has stated otherwise in the offer. The period of validity is automatically extended by a further 12 months unless canceled at least six weeks before the expiry date.
  2. In the event that the landlord buys an advertisement but does not place it fully (e.g. only for 3 months), he cannot request a refund of the fee paid.
  3. The right of the parties to extraordinary termination remains unaffected.
  4. If one of the parties regularly or exceptionally terminates the concluded contract, this does not affect the obligation to pay the agreed fee. Refunds will not be given.
  5. If the lessor does not make use of his right to display the area made available by the bidder despite the bidder's behavior in accordance with the contract, he is still obliged to pay the agreed fee. Refunds will not be given.

7. Rights and Obligations of the Vendor

  1. The provider provides access to the storage space in the online portal www.adria-booking.net and promotes the portal through advertising on the websites of branches or affiliated branches. So that the tenant can advertise his premises, the provider provides him with an online form in which he can adapt his pictures and texts.
  2. The provider will save the complete data that the tenant has made available to him in his database as soon as possible and publish it on the online portal www.adria-booking.net. During periods of increased demand, ads may take longer to appear.
  3. The provider has the right to change the design of the website and its range of functions if this is necessary for good reasons, provided that the change does not affect its purpose or its function or the existing equivalence relationship after the conclusion of the contract, and if this is necessary to ensure compliance is appropriate to the interests of the provider and requires a landlord. Technical or legal developments are valid reasons. Other changes will only be implemented with the consent of the landlord.
  4. The provider will endeavor to reproduce the images sent to him in the offer as faithfully as possible. However, the tenant is aware that the scanning of the digital image and the setting of the individual screens can lead to deviations from the original image.
  5. The provider tries to keep the portal up to date. This sometimes requires maintenance work, which can lead to restrictions on the website. If possible, the provider will announce this in advance and carry out the work in the period in which the interests of the lessor are least affected.
  6. In addition, the provider offers an inquiry form that tenants and guests can use to contact them. The provider tries to offer it in a secure form. However, the tenant is aware that due to the state of the art, it cannot be ruled out that someone else will misuse the system and read or intercept messages that are not intended for him.
  7. In principle, the provider does not carry out any identity checks. If there is a suspicion that the stored information about the owner is incorrect, particularly due to a tip from guests, the owner has the right to check his identity.
  8. The provider observes the requirements of the Data Protection Act. The tenant hereby agrees to the disclosure of his contact details, in particular his telephone number, to the guests. See the privacy policy for more details.

8. Copyrights ©

  1. The exclusive rights for the pages of www.adria-booking.net are held by www.adria-booking.net. Downloading the site - in whole or in part by downloading text, graphics or design - is not permitted.
  2. To document the conclusion of the contract, the lessee is permitted to display or print out individual pages. A clearly legible notice must be provided in the relevant file or on the individual printout “© 2013 www.adria-booking.net – All rights reserved”.

9. Rights and obligations of the landlord, offer design

  1. When registering, the landlord is obliged to provide truthful information about himself, the services offered and payment information and to only offer those services that he can dispose of.
  2. The forms submitted by the bidder may only be used to the extent intended. In particular, the landlord is not permitted to offer several accommodations in one advertisement or to change the advertisement in such a way that the advertisement also contains another advertisement if he has not paid for the corresponding additional options.
  3. The landlord undertakes to reproduce all data, in particular all property-related information, completely and truthfully and to carefully and precisely translate and place the offer in compliance with the guidelines for free texts.

It is not permitted to publish information that is a misleading indication of the origin or statements or which contains or conceals the origin of information.

  1. The landlord is obliged to comply with the statutory information obligations, in particular the obligations to identify providers according to § 5 TMG and, insofar as the landlord is qualified as a tour operator, the information obligations of the BGB regulation.
  2. The landlord is obliged to keep the access data for his user profile secret and may not disclose them to anyone. The provider will never ask the landlord for this data - apart from the registration on the website www.adria-booking.net. If the landlord is contacted by a third party and asked for information, the information may not be provided, but the provider must be informed of this circumstance immediately. If the landlord finds that his user profile has been misused by an unauthorized third party, he is obliged to report this circumstance to the provider immediately and to change his username and password.
  3. In addition, the landlord undertakes to comply with the requirements of the data protection law, in particular within the framework of the legal obligations towards the tenants, and to fulfill the prescribed requirements for the collection, storage and use of the data.
  4. Misuse of the bidder's email system is prohibited. E-mails - even with page recommendations with "Recommend this page" can only be sent with the consent of the recipient.
  5. The lessor is obliged to check his offers for legality before publication, i.e. in particular for violations of competition, trademark or other property rights as well as personal rights of third parties.
  6. The landlord is obliged to pay tax on all rental income.
  7. If the landlord is resident in another EU country and wants an invoice without sales tax, he is obliged to inform the bidder of his sales tax identification number. In this case, the landlord is obliged to pay sales tax in his country.
  8. The provider can transfer its rights and obligations from this contract in whole or in part to a third party. The provider will inform the landlord about this one month in advance. In this case, the landlords have the right to terminate the contract.

10. Content Use Rights

  1. The landlord declares that he is the owner of the right to use the permitted content (text and images), including the right to sublicense; declares in particular that he has the necessary consents from the people depicted (model release) or the owners of the building (real estate release).
  2. If the content of the lessor's offer contains trademarks, he declares that he is entitled to use them, including the right to sublicense.
  3. By sending the content to the provider, he agrees to the use by the provider for his own purposes such as advertising, banners, etc. and agrees to the publication of the offer in any form.

11. Waiver of Liability

  1. If there is a violation of the rights of third parties through the content of the landlord (in particular in the design of the offer and in the use of the texts and images) or through actions of the landlord (in particular sending e-mails to third parties), the landlord shall provide the Provider already free from the claims of third parties.

12. Prohibited Use

It is forbidden :

  • use the content of the website www.adria-booking.net, including the database published on the website, in any form, through automated tools or a manual process,
    In particular, the pages may not be distributed, duplicated, edited, translated or made publicly accessible, disassembled or a right of use may be transferred.
  • Monitoring the content of www.adria-booking.net using robots, spiders or other automated tools or manual processes
  • Using the website for any service (e.g. sending unsolicited messages) other than an offer and/or to search for rental properties
  • Uploading or sending to the Website or for use any content or program that, due to their size and the nature of the portal, could damage the system, as well as the use of any device that could contain harmful programs or content
  • Publish content on the www.adria-booking.net website that constitutes or incites a violation of criminal or other laws, in particular the right to privacy
  • Using the www.adria-booking.net website in a manner or practice that could adversely affect the computer system or network.

13. The right to block and delete offers

If the landlord defaults on the payment of the fee or if a third party files an application for judicial injunctive relief due to trademark, copyright, unfair competition or general protection rights and the landlord does not prove that he is entitled to publish the content, the provider has the right to temporarily or permanently suspend the service or to delete the advertisement.

14. Cancellation of the contract

If the bidder learns that the lessor has given incorrect information about himself or the facilities to be built by him in the context of the offer, especially if the lessor advertises facilities for which he is not authorized, the bidder will terminate the contract.

 

15. Liability for damages

If the contents and programs transmitted by the Lessor cause damage or errors to the Provider's facilities, including damage, errors or omissions in the system or in the database, the Lessor is obliged to compensate the Provider for the resulting damage.

 

16. Hints

  1. Notifications are to be sent by email to admin@adria-booking.net or by post to Mladen Sajko, John-Locke-Str. 39, 12305 Berlin, Germany
  2. Notices of copyright infringement must include the following:
  • the holder of the exclusive right to use the author's work
  • You have not allowed the use of any questionable material on this form
  • Your address, phone number and email address
  • Details of the disputed content (display image or text), including a link to the page
  • a signed statement proving that the sender is the owner of the exclusive right of use.

17. Limitation of Liability

  1. The provider is not liable for negligent breaches of duty, insofar as these do not relate to contractual obligations, for damage resulting from injury to life, limb or health or for claims under the Product Liability Act. The same applies to breaches of duty by vicarious agents of the lessor.
  2. In the event of a serious breach of duty, the provider is only liable up to the amount of the foreseeable damage that should have been prevented by the breach of duty. In the event of liability for slight negligence in accordance with paragraph 1, liability is limited to the foreseeable damage that is typical for the contract. Limitations of liability also apply in favor of the lessor's legal representative, managerial employee or vicarious agent.
  3. Significant contractual obligations of the lessor within the meaning of paragraph 1 are obligations whose fulfillment is necessary to achieve the purpose of the contract.

18. Miscellaneous

  1. The law of the Federal Republic of Germany applies exclusively to the relationships between the parties.
  2. If both parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for all disputes arising from this contract is Berlin.
  3. Additional agreements do not exist at the time the contract is concluded.
  4. The invalidity of one or more provisions does not affect the validity of the remaining provisions.