These General Terms and Conditions ("GTC") apply to the entire business area of gymbookdo gmbh and the website www.HotelGyms.com (hereinafter referred to as "Company").
The Company offers hotels and other partners the opportunity to place and advertise their offers more attractively online. The service includes highlighting the offer, various advertising activities, information maintenance and more attractive ways to address customers.
For this purpose, hotels and partners sing up for a subscription with a validity of 12 months. This is automatically extended by 12 months without cancellation. The detailed service description is published on www.HotelGyms.com and is constantly being expanded.
The contract is concluded online via the website by selecting and confirming the subscription and accepting the Company's terms and conditions regarding the purchase of services by the customer.
In any case, the contract is concluded when the customer makes use of the services offered by the Company.
In principle, hotels and partners sing up for a subscription with a minimum validity of 12 months. Without cancellation by the customer, the subscription is automatically extended by 12 months.
Notice of cancellation must be sent by e-mail before the subscription expires: firstname.lastname@example.org before the end of the subscription. The Company will inform the Customer of the renewal 45 days before the subscription expires.
Unless otherwise stated, all prices are quoted in the currencies shown online (USD, EUR, CHF). All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any other applicable taxes.
The Company reserves the right to change the prices at any time. The prices valid at the time of the conclusion of the contract shall apply. Customers will be informed about price changes.
If a commission has been agreed upon, it will be owed upon fulfilment of the Company's obligations. Whether the end customer pays the customer has no influence on the origin and due date of the commission, relevant is the fulfillment of obligations by the Company.
The Company offers the customer the following payment options: invoice, credit card.
The customer is obliged to pay the invoiced amount within 30 (thirty) days from the date of invoice.
The services will only be activated after receipt of payment.
If the invoice is not paid within the aforementioned payment period, the customer will be sent a reminder. If the customer does not pay the invoice within the set reminder period, he is automatically in default.
From the time of default, the customer shall owe default interest in the amount of 5% (five percent).
The Company reserves the right to demand advance payment at any time without giving reasons.
Offsetting of the invoiced amount against any claim of the customer against the Company is not permitted.
The Company has the right to refuse delivery or provision of services in the event of late payment.
6.1 Service Provision
Unless otherwise agreed, the Company shall fulfill its obligations by providing the agreed service, published on www. HotelGyms.com. If no other terms are agreed, the place of performance shall be the Company's registered office.
6.2 Auxiliary persons
The parties have the express right to call in auxiliary persons to perform their contractual obligations. They must ensure that the involvement of auxiliary persons is carried out in compliance with all mandatory legal provisions and any collective employment agreements.
The customer is obliged to take all necessary precautions for the provision of the service by the Company immediately. The client has to make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this includes the provision of suitable information and documents for the Company.
The customer is responsible to the Company for the correctness of the required information about himself and possible third parties and has to bear the consequences of possible errors in full.
The customer is aware that in those cases in which the Company acts only as an intermediary, he enters into the contract with the third party (airline, tour operator, etc.) and its terms and conditions apply. For services of other tour operators or service companies the Company is only an agent, but not a contractual partner; their own contractual and travel conditions apply.
The Company excludes any liability for third party services to the extent permitted by law.
The Company guarantees to provide the agreed services in the quality customary in the industry.
The liability for any indirect damages and consequential harm caused by a defect is completely excluded.
Liability for direct damages is limited to the sales price of the product/service. This limitation of liability does not apply to direct damages caused by gross negligence or intent.
The customer is obliged to report any damages to the Company immediately.
Any liability for auxiliary persons is completely excluded.
All rights to the products, services, descriptions, images, information and any trademarks are the property of the Company or the Company is authorized to use them by the owner.
The Company has the right to continue to use images and information even after termination in order to continue to market the partner attractively.
Neither these terms and conditions nor any individual agreements relating to them contain a transfer of any intellectual property rights, unless this is explicitly mentioned.
In addition, any further use, publication and the making available of information, pictures, texts or anything else which the customer receives in connection with these regulations is prohibited, unless it is explicitly approved by the Company.
If the customer uses contents, texts or pictorial material in connection with the Company to which third parties have a property right, the customer must ensure that no property rights of third parties are infringed.
The Company is allowed to process and use the data, texts, information, pictures taken during the conclusion of the contract to fulfill the obligations of the contract.
The Company shall take the measures required to secure the data in accordance with the statutory provisions.
The client declares his full agreement with the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the client to the Company or third parties by order of courts or authorities.
If the customer has not expressly prohibited it, the Company may use the data for marketing purposes.
The data necessary for the performance of the service may also be passed on to commissioned service partners or other third parties.
These terms and conditions can be changed by the Company at any time.
The new version comes into force 30 (thirty) days after the new version is posted on the website (www. HotelGyms.com) by the Company.
The version of the General Terms and Conditions which is in force at the time of the conclusion of the contract shall generally apply to the customers. The only exception is if the customer has agreed to a newer version of the GTC.
These terms and conditions take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these TC take precedence over these TC.
Should any provision of this contract or an enclosure to this contract be or become invalid, the validity of the contract as a whole shall not be affected. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall also apply to any contractual loopholes.
Both parties, as well as their assistants, undertake to treat all information submitted or acquired in connection with the services as confidential. This obligation remains in force after the termination of the contract.
If timely fulfillment by the Company, its suppliers or third parties is impossible as a result of force majeure such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, tempests, wars, pandemics, civil unrest, civil wars, revolutions and uprisings, terrorism, sabotage, strikes, nuclear accidents or reactor damage, the Company shall be released from fulfilling the affected obligations for the duration of the force majeure and a reasonable start-up period after its end. If the force majeure lasts longer than 30 (thirty) days, the Company can withdraw from the contract. The customer has no right to a refund. If the customer cannot fulfill his services (e.g. overnight stays) due to force majeure, no refund can be claimed.
Any further claims, especially claims for damages due to vis major are excluded.
These TC are subject to Swiss law. As far as there are no mandatory legal provisions, the court at the Company's registered office shall have jurisdiction. The Company shall be free to bring an action at the defendant's place of business. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.