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the Christian K. Keul GbR Straßbergerstraße 28 D-80809 Munich - henceforth NICETIME.COM - for the use, either free of charge or for a fee, of the database made available via the NICETIME.COM website for the inclusion of vacation property of the offerer - henceforth offerer -
1. Scope
1.1 NICETIME.COM concludes service agreements in connection with the use of the NICETIME.COM website solely on the basis of these General Terms and Conditions. The currently valid version of these General Terms and Conditions shall form the basis for both current and all future contractual arrangements made between NICETIME.COM and the supplier. The supplier can access these General Terms and Conditions on the Internet via the NICETIME.COM website.
1.2 All contrary terms and conditions of trade of the supplier shall hereby form no part of the agreement. They shall have no binding effect in relation to NICETIME.COM, unless they have been expressly agreed in writing.
1.3 NICETIME.COM enables suppliers to make online offers on the Internet on the basis of the property details that have been transferred. NICETIME.COM does not act as an agent or broker of holiday property.
2. Offer, Conclusion of Agreement, Duration of Agreement
2.1 The transfer of property details of the supplier to the NICETIME.COM website represents an offer to conclude an agreement with NICETIME.COM. NICETIME.COM can accept this offer by returning a confirmation of acceptance or by making arrangements for the respective offer.
2.2 NICETIME.COM provides the supplier with modes of service that can either be free of charge or subject to a fee. You can find details about each mode of service and the applicable prices thereof from the corresponding service description on the NICETIME.COM website.
2.3 The service offer from NICETIME.COM provides the individual property supplier with the facility to make public its property offer in the form of text and photographs via the Internet. The service offer includes, moreover, access to the NICETIME.COM database for the administration of property offers.
2.4 NICETIME.COM is entitled but not obliged to undertake, free of charge to the supplier, the extended promulgation of offers via partner internet platforms or print media.
2.5 Unless agreed elsewhere, no liability is assumed for the take up of contents at specific sites or at specific times. It is not possible to arrange the exclusion of competitors.
3. Obligations of the Supplier
3.1 The supplier of vacation property undertakes to carefully and accurately compile all information supplied to NICETIME.COM in relation to the vacation property. Each respective supplier is liable for the content of its property description. The supplier is obliged not to supply any information that breaches applicable legal regulations or which infringes the rights of third parties. This applies in particular to rights under copyright law and to industrial property rights. NICETIME.COM reserves the right to refuse receipt of, or to delete, offers that breach any law(s).
3.2 The supplier has a duty to inform NICETIME.COM without delay of any third party claims made against it on these grounds. In such cases, the property offer shall be immediately deleted from NICETIME.COM. The supplier shall indemnify NICETIME.COM for claims made against it for infringements of third party rights. This duty encompasses all necessary costs pertaining to legal suits that are incurred by NICETIME.COM, insofar as this is caused by actions for which the supplier is culpable.
3.3 Suppliers, who demand a brokerage fee upon the conclusion of a legal transaction, are obliged to specify the rate of the brokerage fee and the payment beneficiary.
3.4 The supplier has a duty to provide truthful information in its advertisement. Where the property is no longer available, it must delete the relevant advertisement. Furthermore, it shall undertake only to place advertisements for vacation residence offers which form part of its own commercial inventory or for which it has a marketing agreement. The content and the correctness of the information is the sole responsibility of the advertiser.
3.5 Offers relating to timeshare schemes or similar models of property-sharing are not permitted. Such offers will not be entered into the NICETIME.COM database or shall be deleted immediately. The contact data provided by suppliers may not entail the use of internet, telephone and fax services for which a charge is levied.
4. Confidentiality
4.1 The supplier undertakes to treat as confidential all personal information received by it in connection with the offers presented on the NICETIME.COM website, and only to use this data for processing actual relevant business transactions. This information may not be made available to third parties outside of the processing or invoicing of business transactions without the consent of the user.
4.2 The supplier undertakes not to make available, to third parties or unauthorised persons, the password-protected access authorisation required for the use of the service. More specifically, the supplier’s access authorisation for the password-protected area of NICETIME.COM, and other rights established by this agreement, are not assignable.
4.3 If the supplier is aware that a third party has acquired the access authorisation, it is obliged to contact NICETIME.COM so that the authorisation can be disabled. The supplier is liable for damages/losses caused by third parties or unauthorised persons.
5. Price, Duration of the Agreement, Cancellation
5.1 Suppliers of vacation residences have the option of choosing between NICETIME.COM services that are free of charge or those which are subject to a fee. Fees and the type of individual services are set out in the current service descriptions and pricelists on the Internet site of NICETIME.COM.
5.2 Agreements for free of charge services are concluded for a period of one year. The agreement is automatically renewed for a further year, unless the supplier has cancelled it by giving a period of two months notice prior to the expiry of the agreement.
5.3 Agreements for fee-based services are concluded for a period of one year. The renewal of the agreement for a further year requires the express confirmation on the part of the supplier. The agreement may be renewed for a further year without the express of confirmation of the supplier whereby payment of the annual subscription is rendered for the next year.
5.4 The agreed annual subscription for fee-based services is payable in advance by credit card.
5.5 The right of both parties to cancel the agreement for significant reasons remains unaffected.
6. Warranty / Liability
6.1 The legal warranty claims of the supplier against NICETIME.COM are initially limited to retrospective performance. Only when this proves unsuccessful is the supplier entitled to claim the further rights prescribed by section 634 German Civil Code (BGB).
6.2 The foregoing condition and the following limitation of liability notwithstanding, NICETIME.COM is liable for injury to persons arising from the deliberate or negligent breach of duty on the part of our legal agents or our vicarious agents, as well as for all losses caused by the intentional or grossly negligent breach of a contractual obligation or the malicious act of our legal agents or our vicarious agents.
6.3 NICETIME.COM is also liable for losses caused by ordinary negligence, where this negligent breach concerns a contractual obligation the fulfilment of which is particularly important for the achievement of the contractual purpose (cardinal obligation). We shall however only be liable for damage foreseeable and typical for this type of agreement. We are not otherwise liable for the negligent breach of insignificant ancillary obligations. The foregoing limitation of liability applies insofar as the liability concerns our legal agents, supervisory personnel or other vicarious agents.
7. Data Protection
7.1 NICETIME.COM collects, stores and processes personal data of the offerer solely for the purpose of the provision and billing of the services offered, in accordance with the legal data protection regulations.
7.2 For more information on data protection please read our Data Protection Declaration
8. Copyright
8.1 The contents of our web pages are protected by German copyright law. This remains the case irrespective of any identification. The collection of vacation property is subject to protection as a database as defined by section 87 et al. Copyright Law.
8.2 Unless express permission has been granted by us, you may not copy, reproduce or use for your own commercial purposes the Internet service offered or parts thereof beyond what is permitted by copyright law.
9. Changes to the General Terms and Conditions
NICETIME.COM reserves the right to amend the General Terms and Conditions at any time without giving reasons. The offerer shall be informed within 2 weeks by email. If the offerer does not object to the amended Terms and Conditions within two weeks of receipt of the email, it is deemed to have accepted the changes.
10. Applicable law / Court
10.1 The agreement is subject to the law of the Federal Republic of Germany.
10.2 Where a party does not have general inland place of jurisdiction, the registered address of NICETIME.COM is definitive meaning the Court in Munich shall be the court for all disputes arising from the contractual arrangement.
11. Severability Clause
If individual terms or conditions or this text are invalid, the validity of the remainder is hereby unaffected.
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