Terms and conditions
The following General Terms of Use apply to providers of holiday accommodation and the use of the online offer made available here at "https://www.euro-immo-welt.de".
1. General
At the Internet address "https://www.euro-immo-welt.de", the operator offers an Internet portal for advertising real estate (hereinafter referred to as "portal"). The portal is used exclusively in accordance with these General Terms of Use and is available to both providers and those requesting accommodation. On the provider side, the portal is basically aimed at companies within the meaning of Section 14 of the German Civil Code. If the user is a consumer within the meaning of § 13 BGB, the right of withdrawal applies to the posting of offers, which is explained below - including the reasons for its expiration:
Right of withdrawal
Right of withdrawal:
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before we have fulfilled our information obligations in accordance with Art. 246 § 2 in conjunction with § 1 Para. 1 and 2 EGBGB as well as our obligations according to § 312e Para. 1 S. 1 BGB in connection with Art. 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to: Iberia Touristic Mediation, represented by the managing director Stefan Dillschneider, Berliner Alle 22, 66606 St. Wendel.
Consequences of revocation:
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to their inspection - as you would have been able to do in a retail shop. In addition, you can avoid the obligation to pay compensation for a deterioration caused by the intended use of the item by not using the item as if it were your property and refraining from anything that would impair its value.
Special instructions:
Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of revocation.
2. Registration and communication with the operator
The use of the portal for providers of holiday accommodation is only possible after prior registration with the operator. Registration is free and takes place via a separate registration form. As part of the registration process, the user receives a personal account (hereinafter “account”). For this purpose, all mandatory information requested during the registration process must be provided truthfully. In addition, the user undertakes to keep his personal information correct and up-to-date at all times and to correct any changes and/or errors immediately and independently. The creation of an account is exclusively user-related. The access data must be kept confidential. A joint use of the account by third parties is excluded. The user must ensure that the operator can be reached by email. The operator always informs the user of information and/or changes regarding the portal via the e-mail address provided by the user.
3. Posting Offers
After opening an account, the user has the option of publishing the holiday accommodations they offer via the portal in accordance with the criteria and input masks specified in the portal.
Offers are published in an automated process based on the data provided by the user. The operator does not check the offers and is not able to do so due to the amount of data and the automated process and is not obliged to the user. Irrespective of this, the operator is entitled to remove the corresponding offer from the portal without prior notice and, if necessary, to block the corresponding account if it becomes aware of a legal violation by an offer posted by the user. This applies in particular to the violation of special usage obligations in accordance with the following paragraph.
The operator will receive information about any infringing content within the posted offers at any time and, if necessary, take the necessary measures to eliminate an illegal situation.
4. Special User Obligations
The user undertakes to only place offers within the meaning of these terms of use on the portal. In particular, he undertakes to only publish property-related images and information and to only post current offers and to always keep the "rented/vacant status" of his offers up to date. The user undertakes not to infringe the rights of third parties and to comply with legal regulations when designing the offer. In particular, it must be ensured that
- no value-added numbers are given as contact information,
- no illegal content is included or linked in the offers,
- no copyrighted or otherwise protected content is used unless the necessary rights of use have been acquired,
- no applications are implemented or executed that could lead to impairment of the portal operation or the users accessing the portal,
- In the case of commercial offers, the information obligations according to § 5 TMG ("Imprint information") are carried out properly and completely.
5. Left
The operator also provides hyperlinks to other websites on the portal. The operator is not responsible for the content of the linked websites and has no influence on this. It is not possible for the operator to control the linked websites, especially since changes to the linked content are always to be expected. The operator does not adopt the content of the linked websites as his own under any circumstances, but will remove the link immediately if he becomes aware of any linked content that violates the law.
6. Portal Availability
The operator endeavors to ensure the greatest possible availability of the portal, but cannot guarantee a specific absolute or average availability. The operator reserves the right to change the scope of services or the accessibility of the portal, which may be due in particular to technical requirements or changed legal framework conditions. In this case, the operator will inform the user of this in good time.
7. Costs
Interested Internet users can use the portal free of charge. For advertisers of corresponding accommodation, the prices apply in accordance with the current price lists at the time the offers are published.
8. Liability and Indemnification
The user releases the operator from any third-party claims that they assert based on an offer posted by the user on the portal, insofar as the user is responsible for this. This also includes the costs of any necessary legal defense.
The operator is liable for reimbursement of expenses or damages - for whatever legal reason - only in the event of intent or gross negligence on the part of its representatives or vicarious agents. This does not apply in the event of a breach of essential contractual obligations, but the amount is limited to the typically foreseeable damage. In abstract terms, essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose observance a contractual partner may regularly rely. Liability for damage resulting from injury to life, limb or health as well as under the Product Liability Act remains unaffected by this limitation of liability.
9. Privacy
When handling personal data, the operator observes the relevant data protection regulations of the BDSG and the TMG. All data obtained is collected, stored or processed exclusively in accordance with these provisions and within the framework of the operator's business purpose. Insofar as websites and/or services from other providers are accessible via this portal or linked via this portal, the operator is not responsible for their content and, in particular, their handling under data protection law. The separate data protection information applies.
10. Termination of User Agreement
The operator is entitled to terminate the user relationship for the portal services at any time without giving reasons with a notice period of two weeks in writing or by e-mail. The right to extraordinary termination for good cause remains unaffected. An important reason is given in particular in the case of violations of the special user obligations according to Section 4 of these Terms of Use.
The user can terminate the user relationship at any time by deleting his account. With the effectiveness of a termination, the operator will irrevocably delete all content posted by the user and his account.
11. Modification of Terms of Use
The operator reserves the right to change these terms of use. In the event of a change, the operator will inform the user of this by sending the changed terms of use.
The change in the terms of use becomes effective if the user does not object to the changed terms of use in writing or by e-mail within two weeks of receipt of the e-mail announcing the change. If the user objects, the previous terms of use for the contractual relationship continue to apply unchanged. However, the operator is entitled to terminate the user relationship in accordance with the general termination provisions.
The operator will inform the user of the possibility of objection and the current deadline by sending the e-mail announcing the change in the terms of use.
The validity of the descriptions and conditions are subject to German law. For all and any legal disputes that may arise, D 66606 St Wendel Germany is the court of jurisdiction in all cases, without exception.
Status October 2010