Terms and conditions of business 1. Scope of applicability These terms of business apply to the use of the booking and reservation systems for accommodation places via the online platform, telephone, e-mail or by any other means, hereinafter referred to as the booking and reservation system. Those parties using the booking and reservation system for the purpose of placing a booking or reservation or for the procurement of information, shall hereinafter be referred to as the traveling party. The booking and reservation system is a service of the TourisMarketing Service GmbH, hereinafter referred to as TourisMarketing. 2. Bookings/reservations All reservation inquiries and bookings will be forwarded to accommodation providers by TourisMarketing on behalf of the traveling party. Bookings are binding for the traveling party and the respective accommodation provider. Reservations are not binding. Binding bookings may only be made by legally capable parties over 18 years of age. 3. Cancelations/changes Cancelations or changes to a booking must take place via the booking and reservation system. 4. Accommodation contract/payment An accommodation contract comes about immediately and exclusively between the traveling party and the respective accommodation provider. All rights and responsibilities arising from the accommodation contract are immediate and exist exclusively between the traveling party and the respective accommodation provider. Generally: Payment is made directly by the traveling party to the respective accommodation provider. The credit card details supplied by the traveling party via the booking and reservation system are principally not drawn on for payment by TourisMarketing. In exceptional cases (particularly when booking special offers), payment has to be made solely to TourisMarketing. This is marked in the description of the offer and is binding. Services used (such as mini bar, pay TV etc.) or costs resulting from damages are to be paid by the guest directly at the hotel. In case of overbooking of these special offers, TourisMarketing is entitled to book an equivalent offer (facilities, price) for the traveler. The traveler will be informed immediately. Only if this offer is more expensive than the originally booked offer, the traveler has a special right of withdrawal. 5. Best Price Guarantee TourisMarketing and its partners negotiate intensively about the pricing of accommodation-offers with hosts. The intention is to offer the guest/traveller the lowest price possible. TourisMarketing assures with the Best Price Guarantee that all offers which are marked as "Best Price Guarantee"-offers can not be booked at a lower rate at any other internet portal. Should the guest/traveller find a cheaper accommodation offer on the day of the booking, TourisMarketing guarantees that the found, lower price will be offered and billed at the reception at check-in by the host. This is only effective - if the offered accommodation services and contractual terms are absolute equal, - if the internet provider which offers the lower price is a publicly available internet portal with a reservation and booking system, - if the cheaper booking offer is legally binding, - if the guest/traveller has send TourisMarketing the source and a screenshot of the cheater booking offer via email (marketing@tourisline.de) and - if TourisMarketing is informed at the day of the booking by the guest/traveller. Should the host not charge the lower price, then TourisMarketing will refund the difference after the completion of the booked accommodation with TourisMarketing. The guest/traveller has to inform TourisMarketing by sending an invoice. 6. Engagement of a third party TourisMarketing has the right to engage a third party for the purpose of providing all services. 7. Information relating to accommodation possibilities TourisMarketing collects all information and details with the greatest possible care. TourisMarketing is not liable for possible errors in the transmission or recording of information. The information content is based upon the data provided by the accommodation providers themselves. Furthermore, the traveling party accepts that the content provided may contain errors and/or that the respective accommodation provider's data has not yet been updated. The prices and conditions that apply to to the respective booking (cancelation conditions, inclusive/non inclusive breakfast) will be presented in the booking. The general information about the respective accommodation provider serves solely as advance information. Possible incidental country-specific or location-specific taxes, surcharges or additional costs are not reflected in the prices provided, unless otherwise stated. 8. Insurance; passport, visa, customs, foreign currency and health regulations TourisMarketing recommends taking out of a travel insurance package, particularly a trip cancelation insurance and/or foreign health insurance, where appropriate. The traveling party is responsible for the observance of passport-, visa-, customs-, currency- and health regulations. In so far as the information mentioned above is provided on our web pages, it is assumed by TourisMarketing that the traveling party is a German citizen. Other regulations may apply for traveling parties of other nationalities. TourisMarketing explicitly states that there is a possibility of changes to regulations by the respective national and foreign authorities. Therefore TourisMarketing is not responsible for the correctness of this information, in so far as damage arising from incorrect information is neither deliberate nor grossly negligent on the part of the TourisMarketing, unless a breach of contractual duties is evident. It is recommended that the traveling party inform themselves about the content of and, if applicable, changes in regulations of the countries of departure and destination, e.g. inform themselves by consulting the respective authorities or other applicable information sources. 9. Data security TourisMarketing processes the data referring to persons in compliance with the applicable laws on data protection The data received from the traveling party and which refer to his/her person (title, name, address, e-mail address, telephone number, bank connection, beginning and end of his/her relation with TourisMarketing) are only registered, processed and used to the extent necessary for the establishment, implementation or modification of the direct or intermediary business relation. TourisMarketing is entitled to transmit these data to partners acting upon TourisMarketing orders, to the extent this is necessary for the execution of reservation inquiries or bookings. Moreover, by clicking on the 'send' button, the traveling party expressly accepts that TourisMarketing is entitled to register, process and use the data received from the traveling party, for the purposes of consultation, marketing (newsletter), market research or the market-oriented configuration of TourisMarketing offer. This explicit consent on the part of the traveling party can be revoked by the traveling party at any time, even after the mediation relationship has terminated. In case the traveling party does not express his/her disagreement, it is understood that he/she agrees. 10. Newsletter und Werbemails/-faxe Der Gast/Reisende erklärt sich durch Anklicken des speziellen Buttons zum Abonnement unserer Newsletter und Werbemails/-faxe ausdrücklich damit einverstanden, dass TourisMarketing berechtigt ist, die vom Gast/Reisenden erhaltenen Daten für Zwecke der Beratung, Werbung (Newsletter), Marktforschung sowie der TourisMarketing-Angebote zu erheben, zu verarbeiten und zu nutzen. Diese ausdrückliche Einwilligung kann vom Gast/Reisenden jederzeit widerrufen werden, auch nach Beendigung des Vermittlungsverhältnisses. Widerspricht der Gast/Reisende nicht, liegt hierin sein Einverständnis. Falls der Gast/Reisende der Meinung ist, dass TourisMarketing sich nicht an diese Regeln gehalten hat oder falls der Gast/Reisende nicht weiter informiert werden will, kann er TourisMarketing eine Email unter info@tourismarketing.de oder ein Fax (siehe Kontakt) schicken. Der Gast/Reisende erhält dann umgehend Antwort. 10. Miscellaneous 10.1. The use of data, or parts thereof, as well as the takeover of data, or parts thereof, into other data carriers, is not permitted. 10.2. It is the duty of the traveling party to protect the access information of the booking and reservation system against misuse by a third party. Should the traveling party detect the misuse of his/her access information, TourisMarketing must be informed immediately, in order for the access information to be blocked. 10.3. In some cases, due to technical deviations, it may occur that a price quoted during a vacancy enquiry can deviate from the price of the final booking. In these cases, the price stated in the booking confirmation is binding. 10.4. German Law applies for all possible legal matters concerning the parties. Stralsund is the place of jurisdiction and performance. TourisMarketing reserves the right to change the place of jurisdiction. 10.5. Should individual provisions of these terms of business be or become entirely or partly ineffective, the legal effect of the remaining provisions will not be affected. In their place, a suitable ruling will arise, which - as far as is legally permissible - aims to correspond as closely as possible to the ineffective ruling. 11. Address TourisMarketing Service GmbH Zur Schwedenschanze 2 18435 Stralsund Germany Tel: +49 (0) 38 31/36 76 90 Fax: +49 (0) 38 31/36 76 99 Email: info@tourismarketing.com CEO: Michael Krenz Registration Court: Amtsgericht Stralsund Company Registration Number: HRB 5686 Tax-ID Number: DE 226616505