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General Terms of Business for Arranging Travel Services
1. User
bedhunter.com and ehotel Service are services of the ehotel AG, Greifswalder Strasse 207, 10405 Berlin
2. Scope
These terms of business regulate the contractual relationship between the booker, the ehotel AG as agent and the individual provider of the service booked (e.g. hotels, hereinafter: service provider). The terms of business are valid only for the individual bookings arranged via the Internet- and WAP-offer of the ehotel AG, including any of their URLs or if these terms of business were contractually arranged for bookings outside the Internet- and WAP-offer of ehotel AG.
3. Booking
Bookings are forwarded by the ehotel AG to service providers. The ehotel AG appears only as agent. Contracts for services booked are made only between the booker and the service provider and are subject to the terms of business of the service provider. The General Terms of Business for Arranging Travel Services are accepted by the booking by the booker. The booker has the opportunity to inform himself about any questions concerning the contract that go beyond the information provided by ehotel AG.
4. Conclusion of order, Liability
The acceptance of the order for procurement by ehotel AG is made by means of the confirmation of the booking. The booker is liable to the service provider for fulfilling the obligations of the contract arranged by ehotel. ehotel AG is not liable for either the obligation to provide services or the successful arrangement stemming from the contract arranged. ehotel AG is not obligated to check the data of the service provider and is not liable for the accuracy of this data, if ehotel does not communicate this information with gross negligence, or intentionally incorrectly or communicates this information despite significant doubts about its accuracy. Especially statements of the service provider concerning the quality of the hotel (location, equipment) are not part of the liability of ehotel AG.
ehotel AG is not obligated to provide indications or information about passports, visas, customs or health regulation in connection with its agent activities Otherwise ehotel AG is liable to all bookers only to the extent of compensation for damages incurred in connection with its agent activities, regardless of the legal basis, such as
1) a damage resulting from intentional or gross negligence violation of a contractual obligation by ehotel AG, its legal representatives and/or agents
2) ehotel AG guarantees, in writing, a particular feature of the contractual service prior to or at the conclusion of the contract and this feature is not present with the performance of the contracted services or
3) the damage is caused by intentional violation of a primary contractual obligation, i.e. a contractual obligation so important to the booker that he/she would not have concluded the contract if he/she had not believed that this contractual obligation would be met. If ehotel AG is liable for gross negligence or omission as per 1) or with respect to liability in accordance with 2) or 3), the sum of the liability is limited to the price of the service arranged.
5. Cancellation
Cancellations may be made in writing by the booker at the ehotel AG Service Center, via e-mail or fax or telephone. The booker receives a written (fax or e-mail) reply after that. ehotel AG points out that the service provider may charge a cancellation fee in case of cancellation or the entire price of services may be due. An early cancellation usually prevents the booker from a request for payment of the service provider, while in case of a fail of cancellation regularly a so called no show fee can be demanded. These regulations are noted in the terms of business of the specific service provider.
For the reservation of hotel rooms that are made through the ehotel AG fair service, differing from what was said before a cancellation by the booker can only be done via letter or fax. In addition to that, such a cancellation requires a reply by ehotel AG for its effectiveness.
6. Payment
The payment of the services arranged is made exclusively to the service provider, if not otherwise arranged in the following. A separate booking fee for ehotel is not due for the booker. This payment can enlarge because of special fees (e. g. taxes, service fees).
7. Data Protection
ehotel AG is authorized to electronically store personal data provided by the booker. ehotel AG is obligated to use the data only for its own purposes and not to forward it to third parties. ehotel AG also uses the stored data to provide information about special offers, news and other campaigns. The booker may decide at any time to stop obtaining this information by informing ehotel AG to desist from using the data in such a manner.
8. Jurisdiction
To the extent that the agreement on a jurisdiction between ehotel AG and the booker is possible, the jurisdiction for any disputes from the arrangement of services is Berlin, Germany. The law governing relations between ehotel AG and the booker is German law.
9. Particularities in Booking Hotel Rooms
ehotel AG points out that hotel rooms will only be reserved by the service provider until 6:00 PM on the day of the reservation and must be taken before that time. Thereafter there is not claim for accommodations. If the booker provides his/her credit card for payment of the room to the service provider, the room will be guaranteed by the service provider for the entire overnighting period.
10. Particularities in Booking Flights
Für die Rechte und Pflichten des Buchers gegenüber dem Leistungsträger (Luftverkehrsgesellschaft oder sonstiger Anbieter) gelten dessen Beförderungs- und/oder Geschäftsbedingungen.
The service provider's (airlines or other provider)terms of transport or general terms of business are valid with respect to the book's rights and obligations. .
The booker will be invoiced for price of the flight, in contrast to Section 6, by ehotel AG and is to be paid to ehotel AG before the tickets are handed out. Sections 3 and 4 remain un effected. If the booker provides his/her credit card number for payment of the ticket, this will be invoiced directly by the service provider.
ehotel AG is authorized to demand the costs incurred for re-bookings (in particular changes of the departure or return flight date, the class or the route) that are charged by the airline or provider