Terms & Conditions for Hotelboy.com

(mise à jour: 11. 07. 2011)

1.     

Application field

1.1

The data base system HOTELBOY.COM is a service provided by cb Online Service, property of Mrs Christine Barreith, Fliederweg 15, D-89173 Lonsee (hereinafter:HOTELBOY.com).

1.2

HOTELBOY.com provides its offers and services exclusively under the present sale and using terms agreement. These offers and services are  also valid for any future commercial partnerships, even in the case they would not have been explicitly renewed.

1.3

We do not acknowledge any conditions or claims issued from HOTELBOY.com offers and services user host (hereinafter: customer), that may be  divergent and conflicting to the general  sale and using terms stipulated here.Only the customer's sale conditions issued from HOTELBOY.com of which we we would have  explicitly accepted  their validity in writing, will be retained. The implementation of contracts not having received any explicit opposition cannot be in any case, interpreted as an acceptance of conflicting or divergent conditions.

   
2.

Volume of Services , Contract terms 

2.1

HOTELBOY.com provides an online website allowing a customer to enter hosting offers in a database, which can be viewed by an interested third party according to his/her needs. Hence, a customer has the possibility to enter as he/she wishes it, any information regarding his/her own housing/hosting business.

2.2

The customer determines the exact number of services by choosing among the different packages offered by HOTELBOY.com

2.3

HOTELBOY.com doesn't offer customer online support services.

2.4 HOTELBOY.com reserved the right to modify at any time the using features and layout of its website.
2.5

The contract between HOTELBOY.com and its customer is concluded as soon as he/she has entered his/her information(date of registration).This implies that the customer has agreed to the contract terms and conditions.After entering his/her information, the customer receives an email confirmation, along with the password necessary for account validation.

2.6

The contract between Hotelboy.com and its customer has an initial validity of 12 months, starting from the date of customer's registration. It may be extended to  additional 12 month-periods unless the customer chooses to terminate his/her contract within the time frame alloted in its terms and conditions (cf Section 5).

2.7

Contracts are established exclusively between HOTELBOY.com and its customer, hence excluding any party using the research service offered (hereinafter: user). HOTELBOY.com does not take part in any contracts established between its customer and the user. HOTELBOY.com does not directly make offers to the user.

2.8

The implementation of contracts established between the customer and the users does not imply the participation of HOTELBOY.com. HOTELBOY.com is not in charge of the accounts receivable.

   
3.

Consumer's Withdrawal Rights

3.1

The customer being a consumer and in accordance with § 13 BGB, he/she can exercise his/her right to withdraw within a delay of two weeks without justification, by notifying it in writing (letter, fax, e-mail). This delay runs its course until the confirm on time to:

cb Online Service
Fliederweg 15
D-89173 Lonsee
Télécopie:  +49-7336-921005
E-Mail: info@hotelboy.com

3.2 In the event of an annulment , the services from which both parties would have benefited, must be retroceded, along in such case with the received advantages (ex:collected interest). In the case the
customer could not retrocede the service offered, either in its entirety or partially, he/she will have to pay a compensation fee to HOTELBOY.com.
3.3 Withdrawal rights may end prematurely in the event HOTELBOY.com would have entered and published the data and offers with explicit and prior agreement from the customer before expiration of the withdrawal period, or if the customer would have done so him or herself.
   
4.

Rate, Invoicing

4.1

Billing for HOTELBOY.com services, takes place based on on the conditions implemented within the contract terms (date of registration) or when it is extended..

4.2

No remittance or other rate  discount  will be granted without any prior written agreement.

4.3

A rate increase could be implemented at the annual contract renewal. In the case of a rate increase of more than 10% for an unchanged number of services, the customer will be able to exercise his/her right to withdraw from the contract.

4.4

The payment in exchange to the provided HOTELBOY.com's services will be due right away. The payment  and its annual renewal will be made via automatic bank account deduction for customer in Germany and Austria. For customers outside Germany and Austria the payment will be made with PayPal.

4.5

Any charges caused by a rejected banking transaction must be reimbursed by the client to HOTELBOY.com, if he/she is found to be responsible for it. The advertisement of the customer's information in the database could be suspended until payment is made without modifying the duration of the contract.

4.6

HOTELBOY.com reserves at any time the right to extend the volume of services. In this case, billing will be established based on the rates implemented at the date of the services volume increase. The remaining balance issued from the previous contract will be paid to the customer in the form of a credit note.

4.7

The customer will not be granted a countervailing amount of money resulting from contested  or unwarranted debts. The customer will not have the right to withhold payment only if it pertains to the same contract.

   
5. Termination
5.1

The contract can be terminated at any time by each party before the end of  each contractual year. Termination must be done in writing, in advance, within a delay of 3 months before the end of each contractual year, and having  been received within this delay to HOTELBOY.com or to his/her customer. In the case of a withdrawal by the customer, his/her data will bedeleted at the end of the contractual year.

5.2

Each party reserves the right to withdraw from the contract due to exceptional circumstances.

   
6.

Database information contents

6.1

The information entered in the database, can only be entered by a physical  and a legally rightful party

6.2

La mise à jour des données est dans l´intérêt des deux parties. L´exactitude des données entrées représente une évidence et constitue la condition indispensable au succès commun de l´entreprise.

The update of data is in the interest of both parties. The accuracy of the data entered is not only obvious but also represents the essential condition to the common success of the business.

6.3 It is prohibited for a customer to enter any data or to proceed to offers which are against the currently implemented law.

This particularly concerns offers

  • going against the protection of third parties rights (in particular author's rights or intellectual property, licensing, patent,drafts and designs, brands)
  • carrying the symbol of illicit organisations
  • having contents that are pronographic or dangerous to minors
  • contrary to accepted standards
These conditions apply also to the customer's competition.
6.4

The hosting descriptions and services established by the customer, including any downloaded pictures, should not be used for advertisement purposes other than for the products directly linked to this offer. It is prohibited for the customer to place links directing to offers foreign to the Net.

6.5

HOTELBOY.com reserves the right to delete any data or offers contrary to the terms of use or to the law, with neither explanations nor prior notice.

   
7. Data volume, last-minute offers
7.1

The client can decide which data to enter beyond what would have already been entered. The customer will be able to modify or delete any previous data entry.The termination of his/her account before the end of the contract will not give the customer the right to claim a refund or a payment exemption.

7.2

In the case that the customer may decide to make a last-minute offer to the users presenting rates and services advantages due to short delay of reservation, he/she would  have to submit the offer at the latest 14 days before the deadline for the offered trip and housing services.

   
8.

Third party protection rights

8.1

The customer must ascertain that the advertisement of data and offers does not violate in any manner, the law relating to commercial author's rights or/and to a third party, particularly any violations pertaining to patents, licensing or registered brands.

8.2

The customer releases HOTELBOY.com from any liability in which case HOTELBOY.com would be questionned by a third party relating to the rights cited in section 7.1. Any fees resulting from this would have to be reimbursed in its entirety by the customer at the first request of HOTELBOY.com.

   
9. Liability
9.1

HOTELBOY.com is only liable for damages caused by neglect or resulting from fraudulous actions or oversight.

9.2

HOTELBOY.com is not liable for violations  due to a negligent breach of ancillary contractual obligations committed by any HOTELBOY.com's associates lacking the proper legal authorization to operate.

   
10. Access
10.1

Although our internet service provider allows for an important accessibility, it may however occurs that access may be temporarily limited for such reasons as upgrading, down time, defective programs or IT equipment, power outage, etc. In such cases, HOTELBOY.com cannot be held liable only under the conditions defined in section 8.

   
11. Personal data use
11.1

HOTELBOY.com take special care to the protection of their customers personal data. HOTELBOY.com use their customers personal data only for the purposes included in the terms agreement on the signed contract. Hence, HOTELBOY.com respects all governmental laws pertaining to the protection of personal data as well as in the field of telecommunications.The use of data includes in the very nature of HOTELBOY.com's offer, the publication of all data essential to the offer, its viewing, its access and its use by an undetermined number of users.

11.2

HOTELBOY.com does not release personal data to any third party unless the data is essential to the signing of the contract with the customer, or if HOTELBOY.com is compelled by law or if the implementation of the terms of use or other agreements with the customer makes it absolutely necessary.

11.3

Users are authorized to use personal data brought to their knowledge only at time of contract signing with the customer. HOTELBOY.com can't however exercise any effective control or limitation.

   
12. Customer's internet sites
12.1

Hotelboy.com creates internet sites for its customers after consultation and specific services offers. The customer provides the content of the site of which he/she is entirely responsible for. It is expected that the customer verifies the content before its publication.

   
13. Transfer of Contract to a third party
13.1

HOTELBOY.com as well as the customer are authorized to transfer to a third party the entirety or in part the rights and obligations issued from the signed terms agreements. The customer will have to make immediately any required database modifications.

   
14. Changes to the Terms of Use
14.1

HOTELBOY.com reserves the right to modify at any moment the terms and conditions of use without prior notification. The new terms and conditions of use will then be communicated to the customer via e-mail.

14.2

The new terms and conditions of use are considered accepted if the customer does not contest them within 14 days after the e-mail is sent. Any opposition will have to be made in writing. In its e-mail HOTELBOY.com will bring to the customer's attention, particularly pertaining to  his/her right to contest, the delay and consequences of any lack of action from his/her part.

   
15. Final dispositions
15.1

Each agreement between the customer and HOTELBOY.com pertaining to the content and implementation of the contract is based on adescription of the service and the terms and conditions hereby. There is no other obligation or agreement, oral or written, beyond what has been agreed.

15.2

After the conclusion of the contract, any modification, addition, or any other similar agreements must be approved with a written confirmation from HOTELBOY.com. A verbal agreement cannot replace any written
confirmed agreement .

15.3

The competent administrative court jurisdiction for all disputes arising directly or indirectly under the contract is the administrative jurisdiction of Ulm / Danube in which event it would be a court official with commercial training as defined by the German Commercial Code, a legal person or a public law institution. This also applies in the context of a procedure for the exchange of drafts and checks.

15.4

The place of performance is the registered office of HOTELBOY.com in Lonsee (D), where it would be a business trained court official as defined by the Commercial Code German, a legal person or a public
law institution.

15.5

Only the laws of the Federal Republic of Germany apply in the terms of use and in all legal relationships between HOTELBOY.com and their customers.

15.6

If any provision of the terms of use shall be null or void, the validity of the
remaining provisions shall be unaffected.