1 Scope of Application
1.1 These general terms and conditions of use apply to the use of the “Event Hotels” application (herein-after referred to as “App”) offered by DITO Hotel Management GmbH & Co. KG, Konrad-Adenauer-Ufer 5-7, 50668 Cologne, Germany (hereinafter referred to as “DITO”), and to all services related to this (the App and the services provided in connection with the App are hereinafter jointly referred to as “Services”).
1.2. The use of the Services is exclusively regulated by these standard terms and conditions of use (here-inafter referred to as “GTC”). Terms and conditions deviating from these GTC will be applicable only if we have agreed to this in writing.
1.3. When the App is downloaded from a third-party service provider such as the Apple AppStore (for iOS end devices) or the Google Play Store (for Android end devices), the applicable terms and conditions of the relevant third party will apply.
2 Conclusion of the Contract; Gratuitousness
2.1 The use of the Services requires the conclusion of a user contract.
2.2 A user contract is concluded by successfully completing the registration. In order to be able to carry out the registration process it is necessary to first install and start the App on a mobile end device. The data requested by the App must then be fully and correctly provided; typing errors can be cor-rected at any time. In order to help the user to recognize typing errors, we provide technical means in the form of a customary completeness and plausibility check (checks whether all required fields have been completed and whether the typed characters are compatible with the relevant required field). After the App has been activated successfully, DITO will set up an individual user account and will inform the user about this by displaying a message in the App. This information regarding the suc-cessful set-up of the user account completes the registration process and a user contract between DITO and the registered user is concluded.
2.3 The languages German and English are available for the conclusion of the contract. DITO will save the text of the contract. The user will be able to access and download the text of the contract in the form of these GTC at any time via the App’s corresponding menu item.
2.4 DITO will provide the use of the Services free of charge.
3 Prerequisites for the Use of the Services
3.1 A prerequisite for the use of the Services is that the registered user has an internet-enabled mobile end device with Bluetooth connectivity on which the relevant version of the iOS or Android operating system stated as minimum requirement during the download is installed. Moreover, the use of the Services requires an internet connection that provides a sufficient data transmission rate.
3.2 DITO reserves the right to adjust the Services to the market conditions on an ongoing basis. In order to use the Services it is therefore particularly necessary to keep the operating system of the mobile end device and the App up-to-date. Adjustments may also result in the fact that especially older end devices will no longer fulfil the requirements or will fulfil the requirements only to a limited extent in the future.
4 Services Provided by DITO (Provision of the Services)
4.1 The Services provided by DITO help registered users to use the services offered by the participating hotels of the Event Hotels group. For this purpose, the user can add any hotel bookings carried out without the App to his account using the App’s corresponding function. After adding the hotel book-ing to his account, the user can then use the services displayed in the App. Such services may in-clude, in particular, (I) carrying out the check-in process, (II) providing a virtual key with which the user can access his hotel room by using the Bluetooth function of his mobile end device (hereinafter re-ferred to as “Mobile Key”), (III) carrying out the check-out process including the payment of any out-standing invoices via an external payment services provider, and (IV) evaluating the hotel via a (third-party) rating portal.
4.2 For the avoidance of doubt it is stated that DITO will not be a party to the contract concluded be-tween the user and the hotel and that the Services provided by DITO as well as these GTC will not affect the legal relationship between the user and the hotel.
4.3 DITO will endeavor to provide the Services 24 hours a day, 365 days a year; however, DITO does not undertake to make the Services available on an uninterrupted basis. The availability can be restricted for reasons of force majeure, including strikes, lockouts and official orders, and due to technical and other measures that must be carried out, for example, with regard to the systems of DITO, the service provider or the network operator in order to ensure proper operation or to improve the Services (e.g. maintenance, servicing, system-based software updates, extensions). The Services can also be inter-rupted owing to short-term capacity bottlenecks during peak periods of use or interruptions of tele-communications systems provided by third parties. DITO will undertake all reasonable efforts to elim-inate any interruptions without delay or to work towards their elimination. When carrying out planned maintenance work, DITO will take the users’ legitimate interests into account especially by carrying out the maintenance work during the normally low-use periods.
4.4 The registered user is only granted the non-exclusive, non-transferrable and non-sublicensable right to use the Services in accordance with the provisions set out in these GTC. No rights of use over and above this are granted.
5 User Account; Duties of Care of the User; Prohibition of Misuse
5.1 Upon the conclusion of the user contract, a personal user account will be set up for the registered user.
5.2 Registered users must ensure that the data they have provided are always up-to-date. Personal ac-cess data (e.g. the password) may not be disclosed to third parties and must be kept in a manner which prevents third parties to access such data. The password should be changed in regular inter-vals for safety reasons. If there are reasons to believe that unauthorized persons have gained knowledge of the access data, the user must inform DITO of this by e-mail without delay and change his access data without delay.
5.3 If there are reasons to believe that unauthorized persons have gained knowledge of the user’s per-sonal data and in the event an end device on which the App is installed has been lost, the user is obligated to have any and all (current and future) Mobile Keys deactivated by the reception of the relevant hotel without delay.
5.4 It is prohibited to misuse the Services. Misuse of the Services is shown to exist, in particular, if the registered user (I) provides information which to the best of his knowledge is incorrect, or (II) takes measures which aim to circumvent technical protection measures.
6.1 With regard to claims arising from damage/loss caused by DITO, DITO’s legal representatives or vi-carious agents, DITO will always have unlimited liability
- for injury to life, limb or health
- for intentional or grossly negligent breach of duty
- for guarantees, if agreed, and
- as far as the scope of application of the German Product Liability Act (Produkthaftungsgesetz) applies.
6.2 In the event of breach of a material contractual duty the fulfilment of which is indispensable for proper performance of the contract and which the contracting party can normally rely on to be fulfilled (cardi-nal duty), liability is limited in amount to such damage/loss that was foreseeable at the time the con-tract was concluded and that must typically be anticipated, provided that the breach was caused by slight negligence on the part of DITO or DITO’s legal representatives or vicarious agents.
6.3 In all other respects, claims to compensation are excluded.
7 Term, Termination and Blocking Accounts
7.1 The user contract is concluded for an indefinite term.
7.2 The registered user may terminate the user contract in writing or by e-mail to email@example.com without observing a notice period at any time. DITO may terminate the user contract observing a notice period of two (2) weeks at any time.
7.3 This does not affect the right to terminate the contract for good cause without notice. Good cause is deemed to exist particularly in the event 5.2 is breached.
7.4 In the event of considerable breaches of the user’s duties and in the event of substantiated consider-able indications of major breaches of duties (in particular in the event the user intentionally provides incorrect or untrue personal data or in the event 5.2 is breached), DITO will be entitled to block the user’s account. DITO will inform the user by e-mail about the reason for blocking his account. The account will be blocked until the breach of duty has been remedied and/or the user has credibly shown that he will refrain from breaching any of his duties in the future.
8 Data Protection
8.1 Personal data relating to the users will be collected and processed by DITO when the Services are used. Data processing will be carried out in accordance with DITO’s data protection provisions available at http://www.eventhotels.com/en/app-privacy-policy/.
9.1 DITO reserves the right to amend less substantial provisions of these GTC at any time and without stating grounds, provided that such amendments do not result in a change to the overall structure of the contract. Provisions of greater importance include, in particular, provisions concerning the nature and scope of the contractually agreed services, the term and termination of the contract. The amend-ed provisions will be sent to the user in writing or by e-mail at least six weeks before they come into effect. The amendments will be deemed to have been accepted if they are not objected to in writing within six weeks after their announcement. When announcing the amendments, DITO will especially point out this deadline and the consequences of failing to meet this deadline to the user.
9.2 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Con-tracts for the International Sale of Goods (CISG). This choice of law only applies if the protection afforded by mandatory legal provisions in the country where the consumer normally lives is not with-drawn.
9.3 If individual provisions of these GTC are or become void or invalid in whole or in part, this will not affect the validity of the other provisions.
Cologne, June 2017