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.
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 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.
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.
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.
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 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 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.
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.
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.
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.
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.