General terms and conditions of business
– for the use of the website “www.travel-long.com” – –
1. operator, object, scope
1.1 These General Terms and Conditions of Business (hereinafter referred to as “GTC”) apply to the use of the advertising portal operated on the website www.travel-long.com (hereinafter referred to as “Platform”), on which providers place advertisements for travel services and where interested parties can view them. The GTC apply both to the placement of advertisements by providers and to use as an interested party. The platform is operated by Peter Metelski, Hamburger Str 11, 21220 Maschen (hereinafter “we” or “us”).
1.2 Definitions:
1.2.1 The placement of advertisements is hereinafter referred to as “advertisements”.
1.2.2 Companies advertising on the Platform are hereinafter referred to as “Provider”.
1.2.3 Notifications, ratings or other content that users communicate on or via the platform are referred to as “user contributions”.
1.3 The placement of advertisements on the Platform is – if and insofar as indicated on the Platform – subject to a fee. Other use of the Platform, in particular as an interested party, is free of charge.
1.4 Our offers and services are subject exclusively to these General Terms and Conditions. Any terms and conditions of the User which deviate from and/or exceed these Terms and Conditions shall not become part of the contract.
2. conclusion of contract, contract language
2.1 Conclusion of contract for services against payment:
2.1.1 Only the order of the service by you is a binding offer to conclude a corresponding contract. To place the order, you go through the ordering process on the website and enter the information requested there. Before sending the order, you have the opportunity to check all order data once again and to correct it if necessary. Only after sending the order do you submit a binding offer to us to conclude a contract.
2.1.2 We can accept your offer within five days by
Sending an order confirmation by mail, fax or e-mail, or
demand for payment
The date of receipt of our order confirmation or request for payment by you is decisive for compliance with the deadline.
2.2 Conclusion of contract for services provided free of charge:
2.2.1 The provision of the website does not constitute a binding offer to conclude a corresponding contract of use. Rather, a binding offer is only made when the user submits his registration request to us via the website. We may accept this offer by confirming the user’s registration by means of a registration confirmation on the website or by having content or ratings transmitted by the user posted on the platform.
2.3 Contract language:
2.3.1 Contract language is German.
3. storage of the contractual provisions
We store the contractual provisions, i.e. the order data / registration data and the present general terms and conditions. You can print or save the contract terms on your part by using the usual functionality of your browser (usually “Print” or “File” > “Save as”). The order data/registration data are contained in the overview that is displayed in the last step of the order/registration.
3.1.1 In the case of contracts against payment, the contractual provisions including the General Terms and Conditions are also contained in the e-mail with the order confirmation which we send you in the event of acceptance of your order.
4. user account (registration)
4.1 When registering the user account, correct and complete information must be provided. Third party data may not be used without their consent.
4.2 You are obliged to keep your access data, such as your password, confidential, not to make them available to third parties and to inform us immediately in the event of loss or unauthorised use of your access data.
5. advertising services and prices
5.1 Formats, placements and insertion periods for the advertisements as well as any special requirements and, if applicable, the respective prices shall be based on our service description or price list or other price list for the advertisement products concerned valid at the time of conclusion of the contract.
6. advertisement requirements
6.1.accuracy and topicality: You must keep your advertisements accurate and up-to-date at all times.
6.2 Hyperlinks: If your ads contain hyperlinks, you must ensure the technical availability of the target page, as well as the legality of the content of the target page and the environment of the target page.
6.3 Compliance with applicable laws: You are responsible for ensuring that your advertisements do not violate any relevant legal provisions. These include, for example, the prohibition of unfair, misleading or otherwise anti-competitive advertising under the German Unfair Competition Act (UWG), the Price Indication Ordinance or criminal law provisions.
6.4 No violation of third party rights: Your advertisement must not violate the industrial property rights of third parties or the intellectual property rights of third parties, such as rights to a name, trademark rights (brands, design patents) or copyrights. The provider assures us that he can freely dispose of the rights to the content of his advertisement which are necessary for the placement of his advertisement and that they do not conflict with the rights of third parties.
6.5 Imprint obligation: The provider must ensure that any advertisements he/she enters on the platform contain an imprint. Sufficient is a clearly visible, as such recognizable and meaningful designated (e.g. “imprint”) link to an imprint of the provider available elsewhere. The imprint must comply with the imprint obligation in the sense of § 5 Telemedia Act.
7. requirements for user contributions
7.1 Only legitimate user contributions (messages, ratings or similar) may be communicated on or via the platform. In particular, the user contributions and/or their posting on the platform may not violate the rights of third parties (e.g. name, trademark, copyright, data protection, personal rights, etc.). The user assures us that he can freely dispose of the necessary rights for posting his user contributions on the platform and that these do not conflict with the rights of third parties.
7.2 The user contributions, whether in pictures or text, may not contain depictions of violence and may not be sexually offensive. They may not contain discriminating, insulting, racist, slanderous or otherwise illegal or immoral statements or representations.
7.3 Evaluations that are made about providers may not contain any incorrect factual statements or abusive criticism and may not violate personal rights.
8. blocking of displays
8.1 We are permitted to block advertisements immediately if there are indications that this or any target page to which the advertisements are forwarded or the environment of the target page is illegal or infringes the rights of third parties. For these purposes, an indication of illegality or infringement of rights shall be deemed to exist, inter alia, if third parties take measures of any kind whatsoever against us or against you and base such measures on the allegation of illegality and/or infringement of rights. The interruption of the circuit is to be lifted as soon as the suspicion of illegality and/or violation of the law has been dispelled.
8.2 We will inform you immediately about a blocking of advertisements and request you to remove the accusation within a reasonable period of time. If the deadline expires without result, we have the right to terminate the contract immediately.
9. blocking of user contributions
9.1 We are entitled to block and/or delete user contributions at any time.
10. exclusions and limitations of liability
The following shall apply to any liability for damages on our part:
10.1 In the event of intent and gross negligence, also on the part of our vicarious agents, we shall be liable in accordance with the statutory provisions. The same applies to damages caused by negligence resulting from injury to life, body or health.
10.2 In case of negligently caused material and financial damages, we are only liable in case of violation of an essential contractual obligation, however, the amount is limited to the damages foreseeable and typical for the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
10.3 Any further liability on our part is excluded, irrespective of its legal basis.
10.4 The exclusions and limitations of liability in the above paragraphs (1) to (3) shall apply mutatis mutandis also in favour of our vicarious agents.
10.5 Any liability due to the assumption of a guarantee or under the Product Liability Act shall remain unaffected by the exclusions and limitations of liability in the above paragraphs (1) to (4).
11. miscellaneous
11.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has his residence or habitual abode.
11.2 The place of jurisdiction in dealings with merchants, legal entities under public law or special funds under public law is the registered office of our company. We are, however, entitled at our discretion to bring an action at the customer’s registered office.