HCX24 GmbH, as at 14.05.2018 

 

II. General Terms and Conditions for the Offering of Room Contingents via the platform hcx24.com

 

§ 1 General Terms and Conditions and Scope of Application

1. The following General Terms and Conditions (GTC) apply to all business relationships between the provider of room contingents (hereinafter referred to as the Provider) and HCX24 GmbH, Neue Kräme 27, 60311 Frankfurt am Main, Germany (hereinafter referred to as HCX24 GmbH) via the platform under the domain HCX24.com. Separate general terms and conditions apply to the booking of hotel contingents, which can be called up here for customers.

2. Providers on the platform under the domain hcx24.com and in the sense of these general terms and conditions can be exclusively entrepreneurs, associations and federations.

According to § 14 BGB, an entrepreneur within the meaning of the GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction with HCX24 GmbH. A partnership with legal capacity is a partnership equipped with the ability to acquire rights and enter into liabilities. A customer who is a public special fund is also defined as an entrepreneur in this sense.

 

§ 2 Services provided by HCX24 GmbH

Under the URL www.hcx24.com HCX24 GmbH offers a portal for the distribution of hotel contingents for certain events (hereinafter referred to as "portal"). HCX GmbH reserves the right to publish only offers which do not fall below a minimum number of free rooms, currently 10. Here the provider has the possibility to deposit free room contingents for the respective event on the platform and to release them for booking via the portal. In the event that a binding booking is made via the portal, HCX24 GmbH will purchase room contingents in the amount of the booking made in accordance with the contract and resell them to the customers of the portal at the price determined by the provider. For the successful booking, the provider undertakes to pay HCX24 GmbH an agreed commission.

 

Exception Private Booking - bookings of less than 10 rooms

HCX24 offers a private booking area, which represents a closed and non-public booking area. Here separate rules apply, which were met with the hotel and the offerer. A booking of only one room would be possible here.

 

§ 3 Conclusion of contract

1. Customer account

In order to be able to place contingents of rooms on the platform, the provider must have a customer account on the HCX24 GmbH portal. This requires the provider to register free of charge. After entering the company data and assigning his own password, the customer completes the registration by clicking on the "Register now" button. For the purpose of verifying the e-mail address used during registration, HCX24 GmbH will send the customer an e-mail with a verification link. After this verification link has been clicked on by the customer, HCX24 GmbH opens a customer account for the customer which enables both the booking of hotel contingents and the offer of corresponding contingents.

HCX24 GmbH is not entitled to open a customer account.

2. Offering hotel contingents

Within the scope of the customer account, the provider has the possibility to place free hotel contingents on the platform. For this the provider selects the button "Offer" and in the further process the corresponding hotel as well as the event for which the contingent is offered. The provider is obliged to check whether the stored data of the respective event are actually correct. HCX24 GmbH assumes no liability with regard to the correctness of the data of the respective event and its execution. Furthermore, the provider defines the desired prices as well as local taxes and available rooms. Furthermore, the provider can define any additional services and their prices and define the desired cancellation conditions for the respective contingents. In addition, the provider can also specify a price increase and desired payment dates.

After the provider has completely filled in the necessary information about the offered room contingent, the provider confirms the validity of these GTC and completes the entry of the contingent by clicking on the "Save contingent" button. The provider will then again be displayed an overview page of the contingent offered. Here the provider has the possibility to check all conditions of the offer again and to correct them by clicking on the "Edit" button. If the data entered are correct, the provider can then complete the offer process by clicking on the "Submit now" button.

After reviewing the offer, HCX24 GmbH will prepare a draft of the purchase contract for the offered contingents for the provider. This purchase agreement will be sent to the seller at the e-mail address provided during the registration process. By uploading to the HCX24 GmbH platform, the provider grants HCX24 GmbH a binding option to book the contingents or parts of the contingents that have been posted under the conditions that have been posted. HCX24 GmbH is not obliged to publish offers that have been entered.

As soon as a booking is made via the platform by the customers of the platform of HCX24, HCX24 GmbH will inform the provider of this and accept the purchase contract with regard to the contingent or parts of the contingent. This is done in the form of a detailed e-mail from HCX24 GmbH to the provider.

The contract is therefore concluded by the provider sending the offer and HCX24 GmbH accepting it after a confirmed booking has been made by the customers of the platform.

Until HCX24 GmbH has accepted the provider's offer, the provider may also freely use the offered contingents for other purposes.

If the offers have been sold otherwise by the provider before HCX24 GmbH accepts the contract by corresponding acceptance statement, the provider is obligated to deactivate the corresponding quotas or parts of the contingents on the platform in his customer account.

§ 4 Changes to the contingents set by the supplier

The provider can make changes to the conditions of the contingents in his customer account, or delete or deactivate them completely. However, a change to the conditions is only possible as long as no binding booking has been made for any part of the contingents.

A change and deletion/deactivation is excluded for a period of 8 working days as soon as a booking request has been submitted to HCX24 GmbH by the customers of the platform.

§ 5 Obligations of the provider / payment for bookings completed

1. The provider is obliged only to place contingents which he can actually legally use. In particular, the provider may only place contingents which the provider has acquired directly and without further intermediaries from the accommodation company, unless the provider is itself the accommodation company of the respective contingents. The provider is obliged not to make any overbooking with regard to the contingents offered.

2. The provider is obliged to check all details, including the data of the selected event, for correctness. 

3. Fee

After booking, the provider is obliged to pay HCX24 GmbH a fee for the booking in the amount of 5 % plus the statutory turnover tax of the Federal Republic of Germany of the total turnover collected, if the provider is a travel agency.

If the provider itself is the accommodation company or a reseller (not a travel agency) of the contingent offered, the provider undertakes to pay a fee for the booking made of HCX24 GmbH in the amount of 10% plus the statutory turnover tax of the Federal Republic of Germany of the total turnover collected after the booking has been made.

The basis for calculating the fee is the realised booking volume (measured on the final invoice, including cancellation costs, Noshow, etc.).

4. The provider is obliged to delete/deactivate contingents or parts of contingents immediately if they are no longer available due to other bookings or other reasons

5. If due to a fault on the part of the provider there is an overbooking or if contingents which are no longer available are not immediately deleted/deactivated and HCX24 GmbH has suffered a loss as a result, the provider is obliged to compensate HCX24 GmbH for the loss caused. Further liability claims remain unaffected.

 

§ 5 Terms of payment / Default in payment

1. HCX24 GmbH will invoice the fees for the booking made after the departure of the customer of HCX24 GmbH. The invoice issued by HCX24 GmbH is payable without any deductions after receipt and must be paid within 10 days after receipt to the account of HCX24 GmbH specified in the invoice.

2. In the event of default in payment, the legal regulations will apply, except in the case of individual agreements.

 

§ 6 Defects

The legal warranty conditions apply. 

 

§ 7 Limitation of liability

HCX24 GmbH is only liable for intent and gross negligence. Furthermore, HCX24 GmbH is also liable for negligent breach of duties if this results in a loss of life, physical injury or damage to health, or if a guarantee or claims under the Product Liability Act are affected. Furthermore, HCX24 GmbH is also liable in the case of negligent infringement of obligations, the fulfilment of which is essential for the proper execution of the contract, the infringement of which endangers the achievement of the purpose of the contract and the compliance with which the user regularly trusts. In the last case, however, HCX24 GmbH is not liable for unforeseeable damage that is not typical of the contract. HCX24 GmbH is not liable for slightly negligent infringement of other obligations. The above limitations of liability also apply to assistants of HCX24 GmbH.  

§ 8 Data protection

The necessary data for the business transaction will be stored.  

1. Use and disclosure of personal data

If the provider has provided personal data to HCX24 GmbH, HCX24 GmbH will only use this data to answer the provider's inquiries, to process contracts with the provider and for technical administration. HCX24 GmbH will only forward or otherwise transmit personal data to third parties if this is necessary for the purpose of contract processing or billing or if the provider has given his prior approval. This in special in the context of the reservation transmission to the executing accommodation company. The provider has the right to revoke a given consent at any time with effect for the future.

2. The deletion of the stored personal data takes place, if the provider revokes the approval for the storage, if their knowledge is no longer necessary for the fulfilment of the purpose pursued with the storage or if their storage is not permitted for other legal reasons. Data for billing and accounting purposes are not affected by a request for deletion.

3. Right to access information

If requested in writing, the Seller will inform the Provider about the personal data stored about him. The request has to be addressed to:

HCX24 GmbH
Neue Kräme 27
60311 Frankfurt am Main
E-Mail: info@hcx24.com

4. Security advice for e-mail use

For communication by e-mail, complete data security cannot be guaranteed, for this reason HCX24 GmbH recommends sending confidential information by post.

5. With HCX24 Private Booking the client (customer) agrees that his company name can be used for external communication. If this is not desired, an explicit letter to HCX24 is required. 

 

§ 9 Final clauses

1. This contract is subject to the law of the Federal Republic of Germany. The UN Sales Law is excluded.

2. Frankfurt am Main is the exclusive place of jurisdiction for all disputes resulting from the contractual relationship between the customer and HCX24 GmbH, if the customer is a registered businessman.

3. If a clause of this contract should be ineffective, the effectiveness of the further clauses of this contract remains unaffected.