HCX24 | Hotel Contingent eXchange
General Terms and Conditions (Customers)
HCX24 GmbH, as of 14.05.2018
I. General Terms and Conditions for the Booking of Room Contingents
§ 1 General and Scope of Application
1. The following General Terms and Conditions (GTC) apply to all business relationships between the customer and HCX24 GmbH, Clemensstr. 3, 60487 Frankfurt am Main, Germany (hereinafter referred to as HCX24 GmbH), for the booking of hotel contingents via the platform under the domain HCX24.com. For providers of hotel contingents separate general terms and conditions are valid, which can be found here.
2a. Booking of hotel contingents of less than 10 rooms
When booking hotel contingents of less than 10 rooms, customers are forwarded to the Expedia Inc. website. These bookings are not made with HCX24 GmbH as the contractual partner, they are based on Expedia Inc.'s current booking conditions as displayed in the booking via the Expedia Inc. platform. The forwarding of bookings for these contingents is purely a service provided by HCX24 GmbH. In this case, all contracts are made without the participation of HCX24 GmbH via the Expedia Inc platform.
2b 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 are valid, which were made with the hotel and the provider. A booking of only one room would be possible in this case.
3. Additional services provided by third parties
Under certain circumstances, additional services that cannot be offered by HCX24 GmbH and cannot be booked via the HCX24 GmbH platform may also be displayed as part of the offer. With regard to such additional services, HCX24 GmbH explicitly points out that these are not offers from HCX24 GmbH and that the booking can only be made via and under the conditions of the third party provider mentioned.
4. Customers of HCX24 GmbH and within the meaning of these GTC can exclusively be 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 that 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 with the ability to purchase rights and enter into liabilities. A customer who is a public special fund is also defined as an entrepreneur in this sense.
§ 2 Conclusion of contract
1. HCX24 GmbH offers the customer the option of booking room contingents of 10 rooms or more. HCX24 GmbH does not act as a broker in this case, instead it acts as the sole contractual partner of the customer concerning the room contingents to being booked.
2. Customer account
The booking of room contingents requires a free registration of the customer on the website offered by HCX24 GmbH (hereinafter referred to as "Portal"). After entering the company data and assigning a password of his or her own, the customer completes the registration by clicking 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 by the customer, HCX24 GmbH creates 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.
3. Booking process
All room contingents offered on the platform and their descriptions do not represent binding offers by HCX24 GmbH. However, the client can select the desired room contingents of the respective hotel and make non-binding enquiries. For this purpose, the customer selects the desired overnight stays in the desired number and the desired data after legitimizing or new registration with the access data to his customer account, if necessary adding different contract and invoice addresses and selecting an authorized contact person. After the customer has confirmed his data, the customer arrives at a contract preview where the customer can check the booking data, in particular the travel data and the individual cancellation conditions again. After confirmation of this data, the customer can then request the contract text for the desired booking via the "Request contract now" button. This will then be sent to the customer by e-mail in portable document format (pdf) to the e-mail address stored in the customer account. HCX24 GmbH points out that the customer himself is responsible for checking the travel data with regard to the event data of the desired event. HCX24 GmbH does not assume any liability for the execution of the respective event on the specified date.
With the request of the contract text, the desired room contingent is blocked for a period of 8 days for further booking requests.
In order to submit a legally binding offer to conclude an accommodation contract, the customer must upload the signed draft contract within a period of 8 days scanned into the customer's account. HCX24 GmbH can accept this offer of the customer by returning the contract signed by HCX24 GmbH via e-mail to the e-mail address stored in the customer account.
The contract is therefore concluded by the customer's contract offer, by uploading the contract signed by the customer and accepting it by returning the contract signed by HCX24 GmbH by e-mail.
The conclusion of the contract is available in German and English. In the event of a dispute, however, the German version of the contract and the contractual conditions shall apply.
§ 3 Terms of Payment
1. The due date of the payments results from the contract concluded between the parties. The customer receives an invoice from HCX24 GmbH for the amounts due, which is due for payment within 10 days of the invoice date.
2. At the moment, payment is only possible by bank transfer to the account stated in the invoice of HCX24 GmbH.
3. The legal regulations are valid to the default of payment.
4. Invoices will be billed in the currency offered and must be paid in the respective currency.
5. For separate services of the accommodation company, which are ordered on site from the accommodation company, an individual settlement is made between the client and the respective accommodation company. For this purpose, the client is requested to deposit a credit card for payment processing with the accommodation company upon arrival or to declare in writing to the accommodation company that he will assume the costs for the services used by his guests to the accommodation company. Should HCX24 GmbH nevertheless be claimed by the accommodation company on the basis of services provided by the client on site, the client undertakes to exempt HCX24 GmbH from all claims made by the accommodation company against HCX24 GmbH.
6. In order to protect against exchange rate risks, HCX24 GmbH may, with the written consent of the customer, demand the equivalent of the foreign currency in the order value at the time the order is placed. The exchange rate risk is transferred to HCX24 GmbH on the working day following the day on which the money is received.
7. Payments for Private Booking will be made at the end of the booking. HCX24 offers payment by credit card. The conditions for this will be communicated during the booking process.
§ 4 Cancellations
After conclusion of the contract, the conditions for contract changes initiated by the customer (e.g. reduction, rebooking, cancellation) are based on the individually contractually agreed terms of the concluded contract.
HCX24 GmbH points out that the customer has the option of concluding a travel cancellation insurance policy and an insurance policy to cover repatriation costs in the event of accident or illness.
The customer has the right to withdraw from the contract or cancel the contract only if this has been expressly agreed between the parties by contract.
§ 5 Deficiencies
The legal warranty conditions apply. HCX24 GmbH points out that claims due to deficiencies must be made against HCX24 GmbH. The respective hotels are not entitled to accept notices of defects.
§ 6 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 injury to life, limb or 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 breach of duties, 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, HCX24 GmbH shall not be liable for unforeseeable damage that is not typical of the contract. HCX24 GmbH is not liable for slightly negligent violation of other obligations. The above limitations of liability also apply to assistants of HCX24 GmbH.
§ 7 Data protection
The necessary data for the business transaction will be stored.
1. Use and disclosure of personal data
If the customer has provided personal data to HCX24 GmbH, HCX24 GmbH will only use this data to answer the customer's inquiries, to process contracts with the customer 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 customer has given his prior approval. This in special in the context of the reservation transmission to the executing accommodation company. The client 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 customer 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 Customer about the personal data stored about him. The request has to be addressed to:
60487 Frankfurt am Main
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.
§ 8 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.