Hotelcard International AG, Burgstrasse 20, 3600 Thun, Switzerland
(hereinafter referred to as “HCI”)
1. Scope; conclusion of contract
2. Availabilities, prices and services
3. Hotel Extranet; topicality and quality of the data; exemption
4. Booking procedure; rights and duties of the Accommodation
5. Instructing of the employees
6. Rights and duties of HCI; advertising
7. Customer ratings
8. Term and cancellation
9. Contract assumption by third parties
10. Amendment of the General Terms and Conditions
11. Severability clause
12. Applicable law
HCI operates the “hotelcard.com” Internet portal (hereinafter referred to as “Portal”). Accommodations can offer their rooms via the Portal and thereby achieve higher room capacity utilisation. For this, the accommodations are not required to pay any commission and are also not required to make any other financial payments to HCI. However, the prerequisite is that the rooms are offered at half price. The rooms are then offered via the Portal to holders of the “Hotelcard” (hereinafter: Guest/Guests), which companies and individuals are able to acquire from HCI.
1.1 The General Terms and Conditions are valid between HCI and the accommodation/the tourism operation (hereinafter referred to as “Accommodation”).
1.2 By sending the filled-out registration form, the Accommodation is addressing an offer for registration of the Accommodation to HCI. After sending the registration data, the Accommodation will receive a confirmation e-mail. With a new login by the Accommodation on the Hotel Extranet (Clause 3), the contract is concluded.
2.1 The Accommodation undertakes to offer stays for half price via the Portal. These stays spread across a minimum of 90 different days within a calendar year. HCI recommends to the Accommodations that they activate additional availabilities of rooms for specific periods, if they are available.
2.2 Half price means half of the price shown for the respective room and date in the official price list for the Accommodation. The Accommodation shall ensure that the Guest, who books the room via the Portal, receives the same services as any other Guest, who books the same room (e.g. wellness or breakfast included). However, if services (e.g. wellness or breakfast) are also shown for the other guests as additional services, these additional services may also be charged to the Guest, who books via the Portal, in the regular amount.
3.1 HCI shall provide the Accommodation with an online-based platform (so-called Hotel Extranet) on the Portal. The Hotel Extranet provides the Accommodation with an individual password-protected area for administration and updating of the services offered by the Accommodation. The user name and password for the Hotel Extranet are to be kept strictly confidential by HCI, as well as by the Accommodation.
3.2 The Accommodation shall maintain its details (room types, prices, availabilities, texts, pictures and furnishing details) on hotelcard.com, such that they are always complete, correct and up-to-date.
3.3 Multiple registration of individual Accommodations is prohibited.
3.4 In case of suspected misuse of the Hotel Extranet, HCI is authorised to immediately block the user account after notifying and hearing the Accommodation.
3.5 The Accommodation indemnifies HCI from all claims asserted by third parties against HCI due to entered contents (e.g. photos of the Accommodation, texts, incorrect price quotations) and for which the Accommodation is at fault. The exemption specifically also includes the costs of necessary legal defence by HCI. The Accommodation has the opportunity to prove that a damage or an impairment has not occurred at all or is significantly lower than the lump sum.
4.1 The Guest informs himself via the Portal and/or by means of a direct enquiry with the Accommodation, whether stays are offered by the Accommodation, which can be booked at a discount after acquiring the Hotelcard.
4.2 HCI shall show the offers of the Accommodation on the Portal and offers the Guest the opportunity to address a booking request to the Accommodation via the Portal. The booking is automatically sent to the Accommodation for further processing.
4.3 The booking enquiries may also be addressed directly to the Accommodation.
4.4 The Accommodation undertakes to accept every booking enquiry in accordance with the availabilities and prices made available on the Portal and to accept the Guest as a contracting party subject to domestic authority. With the confirmation of the booking, the Accommodation and the Guest enter into an accommodation agreement.
The Accommodation undertakes to instruct all employees, who may be in contact with booking enquiries via hotelcard.com, accordingly about hotelcard.com and particularly about the rights and duties in relation to hotelcard.com.
6.1 HCI is active as an intermediary between the Guest and the Accommodation. The accommodation agreement and all ancillary performance duties from the accommodation agreement exist exclusively between the Guest and the Accommodation.
6.2 HCI undertakes to maintain its own Portal and the Hotel Extranet. Maintenance activities shall be performed during off-peak hours, if possible.
6.3 Within the context of the offer reproduction of the Accommodations, HCI is permitted to use image and text material, to which the Accommodation has trademark rights and/or copyrights or other rights, provided that these have been entered by the Accommodation. Their public accessibility, duplication, dissemination and publication is particularly permitted, as well as making changes and editing, insofar as this is necessary for reproduction of the offer on the Portal and/or other advertising material for the Portal.
6.4 HCI is authorised to use the name and images, as well as other details about the Accommodation and all trademarks belonging to the Accommodation, for own marketing purposes. This authorisation exists for the term for which the Accommodation is offered via the Portal, as well as for a term of six months after the Accommodation has been removed from the Portal (sell-off period).
After the end of the Guest’s stay in the Accommodation, HCI is authorised to obtain a rating of the Accommodation from the Guest. HCI is also authorised to publish the rating in the same wording or correspondingly on its own Portal.
8.1 The partner contract runs for an indefinite term. It may be cancelled at any time. If HCI cancels, the cancellation notice period is one month to the month-end; if the Accommodation cancels, the cancellation comes into force immediately. The notice must be given in written or text form (e-mail).
8.2 Already existing bookings/accommodation agreements remain unaffected by the cancellation. Therefore, the Accommodation undertakes to provide the rooms to the Guests as booked, even if the contractual relationship between HCI and the Accommodation is already terminated at the time of the stay.
HCI is authorised to fully or partially transfer its rights and duties from the contractual relationship to a third party. The contract assumption shall be notified to the Accommodation in text form, no later than one month prior to the planned transfer date. If the Accommodation fails to object to the assumption within 14 days after receipt of the notification in written or text form, this is deemed as consent. In the assumption notification, HCI will inform the Accommodation about the option to object, the time limit and the consequences of the inaction.
Amendments to the General Terms and Conditions only come into force with the consent of the Accommodation. The new conditions are sent to the Accommodation in text form no later than one month prior to their inception. If the Accommodation fails to object to the amendment within 14 days after receipt of the notification in written or text form, this is deemed as consent. In the amendment notification, HCI will inform the Accommodation about the option to object, the time limit and the consequences of the inaction.
If a provision of these General Terms and Conditions should be or become invalid, this shall not otherwise affect the validity of the General Terms and Conditions. The contracting parties shall replace the invalid provision with a valid provision, which comes as close as possible to the intended economic purpose of the invalid provision. The same applies in the case of a loophole.
German law applies, to the exclusion of German International Private Law.
As of: 22 May 2017