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Terms and conditions travel agency

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I. General provisions

 

§ 1
Subject of the page
(1) The subject of the website wildwifi.co is the mediation of coliving and coworking by third parties / service providers.

(2) The broker only provides accommodation, but does not provide such services itself.

(3) Users of the mediation platform are initially the customers who are looking for accommodation for coliving and coworking and who, with the help of the mediator, conclude a separate contract for the implementation of coliving and coworking with a corresponding independent provider.

(4) Users of the brokerage platform are also the independent landlords who can offer and book their accommodation and any accompanying services through the broker.

 

§ 2
scope of application
(1) These General Terms and Conditions (GTC) are part of the contract and only apply to companies.

(2) When booking with the agent, the customer is informed of the general terms and conditions and the customer will confirm the validity of the general terms and conditions.

 

§ 3
Subject of the contract
(1) The agent enables the customer to book accommodation and accompanying services for coliving and coworking through independent landlords.

(2) If the customer books coliving and cworking through the broker, a contract is concluded between the customer and the broker for the brokerage of an independent rental and, if applicable, service.

(3) The broker only acts as a broker and only forwards declarations of intent from the customer or the landlord as a messenger. The independent rental and, if applicable, service contract is concluded exclusively between the customer and the landlord.

(4) The brokerage is free of charge for the customer.

(5) The agency contract is only concluded when the landlord has accepted the booking from the customer. The mediator can only forward declarations of intent as a messenger, but not bring about the contract. In this respect, the mediator is also not obliged to bring about a successful mediation.

 

§ 4
Execution of the contract with the customer
(1) Insofar as accompanying services for coliving and coworking are offered at all, the agent only arranges independent service providers.

(2) The agent is not a party to the rental or accompanying service contract. The agent is not responsible for the proper fulfillment of the contract by the landlord or service provider and is not liable for this. The contract for the provision of coliving and coworking is concluded exclusively between the customer and the landlord. The service of the intermediary is limited to the mediation of this rental and, if applicable,

(3) The contract for coliving and coworking between the customer and the landlord is initiated via e-mail and concluded in the same or other form.

 

§ 5
liability
(1) Regardless of the legal basis, the agent is liable without limitation for intentional or grossly negligent behavior as well as for culpable injury to life, body and health or for a violation of the Product Liability Act or for a guaranteed property.

(2) The agent is not liable for a slightly negligent breach of contract that is not essential. In the event of a breach of essential contractual obligations, the agent’s liability is limited to compensation for typical damage that was foreseeable when the contract was concluded. Essential contractual obligations are those obligations that protect the legal positions of the user that are essential to the contract, which the contract has to grant the user according to its content and purpose, as well as obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user can regularly rely .
(3) Otherwise, the intermediary’s liability, regardless of the legal reason, is excluded. This limitation of liability also applies in favor of employees and employees as well as vicarious agents and vicarious agents and subcontractors of the agent. A reversal of the burden of proof is not associated with the above regulations.

 

§ 6
Collection of contract data
(1) By placing the order for the brokerage, the user gives his consent to the electronic processing and storage of the data by the broker. The agent is entitled to save and transmit data that is used for the purpose of arranging and processing the contract for a retreat between the customer and the landlord, in particular contact details.

(2) The agent will only use the customer’s data insofar as this is necessary for the provision of the mediation service or the implementation of coliving and coworking. For this it may be necessary that the data of the customer are passed on to the landlord or the data of the landlord to the customers, between whom a contract on coliving and coworking is concluded due to the mediation.

(3) If the user has registered for the newsletter with his or her email address, the agent will use the customer’s email address for its own advertising purposes beyond the execution of the contract, until the customer unsubscribes from the newsletter.

 

§ 7
Privacy
(1) For the contract, contract data is collected in accordance with Art. 6 Paragraph 1 lit. b GDPR (e.g. name, address and email address, any services used and all other data transmitted electronically or for storage that are necessary for the Execution of the contract are necessary), insofar as they are necessary for the establishment, content or amendment of a contract.

(2) The contract data will only be passed on to third parties insofar as it is necessary (according to Art. 6 Para. 1 lit.b GDPR) for the fulfillment of the contract, this is the overriding interest in an effective service (according to Art. 6 Para. 1 lit.f GDPR) or consent (in accordance with Art. 6 Para. 1 lit. a GDPR) or other legal permission is available. The data will not be passed on to a country outside the EU unless the EU Commission has established data protection comparable to that in the EU, has given consent or the standard contractual clauses have been agreed with the third party.

(3) Affected parties have the right at any time:

  • to revoke a given consent in accordance with Art. 7 Para. 3 GDPR. Then the data processing based on this consent may no longer be carried out, but the revocation does not affect the legality of the data processing carried out up to then;

  • to request information in accordance with Art. 15 GDPR about the processed personal data, this includes information about the processing purposes, the category of personal data, the categories of recipients to whom the data has been or will be transmitted, the expected storage period, the origin of the Data, if not collected here, as well as through automated decision-making including profiling and the existing rights, which are explained here;

  • demand that incorrect or incomplete personal data be corrected immediately in accordance with Art. 16 GDPR, in particular if the processing purpose has expired, a required consent has been withdrawn and there is no other legal basis or the data processing is unlawful;

  • demand that the stored personal data be deleted in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression, to fulfill a contract, for reasons of public interest or to assert or defend legal claims;

  • request that the processing of personal data be restricted in accordance with Art. 18 GDPR if the correctness of the data is disputed or the processing is unlawful and deletion is refused and the data is no longer required, but the data subject needs it to assert or exercise it or defense of legal claims or has lodged an objection to the processing in accordance with Art. 21 GDPR;

  • request that the data provided be published in a structured, common and machine-readable format or transmitted to another person responsible;

  • To complain to the competent supervisory authority in accordance with Art. 77 GDPR, if the processing of personal data is not lawful, the supervisory authority of the usual place of residence or workplace of the person concerned or of the headquarters of our company is usually responsible.

  • to object if the personal data are processed on the basis of legitimate interests in accordance with Art. 6 Paragraph 1 Sentence 1 Letter f GDPR, if there are reasons for this that arise from the particular situation of the person concerned.

(4) If the person concerned has registered for the newsletter with his or her email address, the agent will also use the user’s email address for its own advertising purposes in addition to executing the contract and advertising similar products. The person concerned can unsubscribe free of charge at any time using a unsubscribe link in every email or informal message.

(5) The data are generally only stored for as long as the purpose of the respective data processing requires. A more extensive storage is particularly possible if this is still necessary for legal prosecution or for legitimate interests or if there is a legal obligation to keep the data (e.g. limitation period, tax retention periods).

 

§ 8th
Mediation
(1) In the event of disputes arising from the business relationship between the agent and the customer, the parties are obliged to strive for an amicable solution. If an agreement cannot be reached, they undertake to settle their differences in mediation before taking legal action. The possibility of urgent proceedings by way of temporary legal protection remains unaffected.

(2) If one party requests mediation from the other party, both parties are obliged to agree on a mediator within eight days. If this agreement is not reached in due time, a lawyer mediator – whereby primarily those mediators who offer online mediation should be chosen – are binding for the parties at the request of one of the parties by the President of the Bar Association or a representative at the agency’s headquarters . This is also the place of mediation, unless the Chamber Presidium makes a suggestion for online mediation. The mediation language is German, unless everyone involved agrees on another language.

(3) Legal recourse (or an alternatively agreed arbitration procedure, if applicable) is only permitted if the mediation has failed because (a) the parties mutually declare the mediation to be ended, (b) further negotiations by one party after the first mediation session refused, (c) the mediator declares the mediation to have failed or (d) an agreement cannot be reached within 3 months of the start of the first mediation meeting, unless the parties extend the deadline by mutual agreement.

(4) The costs of an unsuccessful mediation are to be borne internally by the parties to the mediator in half. Regardless of this regulation in relation to the mediator, the parties are at liberty to claim reimbursement of these costs and any accompanying legal advice as legal prosecution costs in a subsequent procedure; the respective dispute decision then applies. If an agreement is reached, the agreed cost regulation applies.

 

§ 9
Place of performance, place of jurisdiction, applicable law, changes
(1) The place of performance is the agent’s place of business.

(2) The sole place of jurisdiction for all current and future claims from the management with merchants is the agent’s place of business. The same place of jurisdiction applies if the customer does not have a general place of jurisdiction in Germany, has moved his domicile or usual place of residence outside of Germany after conclusion of the contract, or if his place of residence or usual place of residence is not known at the time the action is brought. However, the agent is also entitled at any time to sue the customer at his place of business or at any other permissible place of jurisdiction.

(3) German law applies exclusively to all legal relationships.

(4) The contract language is English.

(5) If serious, non-influenceable reasons lead to an unforeseeable change in the contractual content regulated in these GTC (i.e. in particular not the main services), and if the interests of the user in adapting the GTC outweigh the typical interests of the contractual partner, the GTC user is entitled to to change these terms and conditions, unless a regulation for the case of the corresponding need for adjustment is already provided by law.

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