General Terms and Conditions

§ 1 Scope of Application

1. These Terms and Conditions apply to all contracts concluded between the provider and the client for website creation, provision of the host portal, hosting and related services.
2. The services are directed at both entrepreneurs within the meaning of § 14 of the German Civil Code (BGB) or the Austrian Commercial Code (UGB) and consumers within the meaning of § 13 BGB or § 1 Austrian Consumer Protection Act (KSchG) who rent out a holiday property on a private basis. Where the client is a consumer, mandatory consumer protection provisions (in particular §§ 312 ff. BGB, distance selling law, right of withdrawal) take precedence over any conflicting provisions of these Terms and Conditions (see § 14).
3. Deviating terms and conditions of the client shall only apply with the provider's express written consent.
4. Vis-à-vis entrepreneurs, the provider is entitled to amend these Terms and Conditions with effect for the future, provided there is a legitimate reason, in particular changes in the legal situation, case law, technical conditions or the scope of services, and the client is not unduly disadvantaged thereby. Amendments will be notified by email at least two weeks before they take effect. If the client does not object within two weeks of receiving the notice of amendment in writing, the amendments shall be deemed accepted. The provider will draw attention to this legal consequence in the notice of amendment. § 14.5 applies vis-à-vis consumers.
5. The provider is entitled to exclude the client from using the services, in particular where the client:
   • uses the website or host portal for unlawful or fraudulent purposes;
   • takes measures that impair the functionality or security of the provider's systems;
   • is in default of payment despite a reminder and the setting of a reasonable additional deadline.

   In the cases mentioned, the provider is entitled to suspend access temporarily; in the event of serious or repeated breaches, permanent exclusion is also permissible. Where reasonable, the provider will inform the client in advance.

§ 2 Formation of Contract

1. A contract is formed upon acceptance of the offer in writing or upon the provider's order confirmation. A contract is also formed upon completion of an electronic ordering process and the provider's subsequent confirmation in writing.
2. Offers from the provider are non-binding unless expressly stated otherwise.
3. The specific scope of services and prices are set out in the individual offer.

§ 3 Scope of Services

§ 4 Client Obligations

1. The client shall provide the provider in a timely manner, completely and in a suitable digital format with all content required for website creation (texts, images, logos, descriptions, prices, etc.).
2. The client warrants that the provided content is free of third-party rights or that the necessary rights of use are available.
3. The client is solely responsible for a legally correct imprint, a GDPR-compliant privacy policy and any separate terms and conditions on its website. The provider does not owe a legal review or creation of an imprint, privacy policy or other legal texts unless this has been expressly agreed separately.
4. The client receives individual access credentials for the host portal and is obliged to keep them confidential and protect them from unauthorised third-party access. The client is liable for all activities carried out via its access. The client must notify the provider immediately if there is reason to suspect that access credentials have become known to unauthorised persons. The client is liable for actions taken via its access only insofar as it is responsible for the misuse of its access credentials, in particular in the event of a culpable breach of its obligation to safeguard them.
5. If the client fails to fulfil its cooperation obligations in full or on time, agreed deadlines will be extended accordingly. Additional expenditure caused by late or incomplete delivery will be charged separately.
6. If the client does not provide the content required for website creation (in particular photos, texts, guest reviews, property descriptions) within 30 days of the initial consultation, the provider will request delivery in writing and set a reasonable extension of at least 30 further days.
7. During the client's default, the provider may claim reasonable compensation pursuant to § 642 BGB. This is calculated based on the duration of the default, the agreed remuneration and the expenses saved or other income earned by the provider.
8. If the client fails to provide the required content within the extended deadline, the provider is entitled to terminate the website creation contract pursuant to § 643 BGB. Termination becomes effective upon expiry of the extended deadline, provided the provider has accompanied the notice with an express threat of termination.
9. In the event of termination under para. 8, the provider is entitled to remuneration for services already rendered up to the point of termination. This includes in particular:
   • services rendered as part of the initial consultation (up to 2 hours pursuant to § 3.1 para. 2), charged at the agreed hourly rate or proportionately to the total price,
   • design and configuration work already carried out,
   • other demonstrably rendered preliminary services.

   Billing is based on the proportion of services rendered relative to the total scope of the order (§ 645 para. 1 BGB). Payments already made will be offset.

10. The statutory rights of the provider under §§ 280 ff. BGB (damages for breach of duty) remain unaffected by the above provisions.

§ 5 Exclusion of Liability for Content and Services of the Client

1. The provider accepts no liability whatsoever for the content of the client's website. This includes in particular texts, images, price information, availability, descriptions of the holiday property, reviews, guest testimonials and links to external websites.
2. The provider is fundamentally not responsible for content provided or uploaded by the client and is not obliged to review such content legally or substantively without specific cause. The client shall indemnify the provider from claims of third parties based on a violation of rights for which the client is responsible through such content or services; this also includes the necessary costs of reasonable legal defence.
3. The provider is exclusively a technical service provider. It is in no way a contracting party, intermediary or organiser of the services offered by the client via the website (in particular accommodation, catering, breakfast, leisure activities or other ancillary services). All contracts between the client and its guests constitute a contractual relationship exclusively between those two parties.
4. The client shall indemnify the provider against all third-party claims arising from the content of the website, from data protection violations by the client or from the services offered via the website. This also covers the costs of reasonable legal defence.

§ 6 General Limitation of Liability

1. The provider is liable without limitation for damage resulting from injury to life, limb or health, and for damage caused by intent or gross negligence.
2. In cases of simple negligence, the provider is only liable for breach of material contractual obligations (cardinal obligations) and limited to the foreseeable damage typical for the contract.
3. The provider is not liable for disruptions or outages caused by force majeure, disruptions at third parties (in particular hosting infrastructure, DNS providers, content delivery networks) or circumstances outside its area of responsibility.
4. The provider is only liable for data loss insofar as the client has fulfilled its data backup obligation and the loss is attributable to fault on the part of the provider. In such cases, liability is limited to the cost of restoring the data from a proper backup.
5. The provider is not liable for malfunctions caused by unauthorised modifications made by the client to the website (outside the editing functions provided in the host portal).
6. Liability under the Product Liability Act and from a guarantee assumed by the provider remains unaffected.

§ 7 Remuneration and Payment Terms

1. Remuneration is set out in the respective offer. All prices are gross prices inclusive of the applicable rate of VAT (19 %).
2. The website creation fee is invoiced upon completion and acceptance, unless a different payment arrangement (e.g. deposit) is agreed in the offer.
3. The monthly subscription for the host portal and hosting is invoiced monthly in advance.
4. Invoices are due for payment without deduction within 14 days of the invoice date.
5. In the event of default, the provider is entitled to charge default interest at the statutory rate. After an unsuccessful reminder with a reasonable additional deadline, the provider is entitled to block access to the host portal and temporarily take the website offline until the outstanding amount is settled.
6. The provider is entitled to adjust prices for ongoing services with effect for the future where significant cost factors, in particular personnel, licence, hosting, energy or support costs, increase or decrease. Price changes will be notified to the client in writing at least 30 days before they take effect. The client is entitled to terminate the contract within 14 days of receiving the notice with effect from the date the price change takes effect. If no timely termination is given, the changed prices are deemed agreed from the announced date.

§ 8 Contract Duration and Termination

§ 9 Rights of Use and Copyright

1. In respect of the created website, the provider grants the client, upon full payment, a simple, non-transferable right of use for the purpose of presenting the holiday property on the internet. This right of use exists only for the duration of the subscription contract.
2. The templates, frameworks and software components used by the provider remain the property of the provider or the respective licensors. The respective licence terms apply to open-source components.
3. The provider reserves the right to present the created website anonymously and without personal data as a reference in its portfolio. Presentation as a reference vis-à-vis consumers takes place only with express consent.

§ 10 Warranty

1. Defects in the website creation must be reported by the client in writing without undue delay after discovery. The provider will remedy reported defects by way of subsequent performance.
2. The provider gives no warranty for defects attributable to content provided by the client, changes initiated by the client or to disruptions of third-party software for which the provider is not responsible. Where the provider itself selects and integrates third-party software, liability under the statutory provisions and these Terms and Conditions remains unaffected.
3. Statutory warranty provisions otherwise apply.

§ 11 Data Protection

1. The provider processes the client's personal data in the context of contract performance in accordance with the GDPR and applicable national data protection laws.
2. Where the provider processes personal data (e.g. guest data, booking data) on behalf of the client in the context of the host portal, the parties will enter into a separate Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. The provider is entitled to make the provision or use of the relevant functions conditional on the prior conclusion of a Data Processing Agreement.
3. The client is solely responsible for the data-protection-compliant collection and processing of personal data captured via its website and the host portal (e.g. contact forms, booking enquiries, guest data).

Further information is available in our Privacy Policy.

§ 12 Confidentiality

1. Both parties undertake to keep all confidential information received in the course of contract negotiation and performance strictly confidential for an indefinite period and to use it only for the contractually agreed purposes.
2. Information that is publicly known, becomes public without breach of this agreement, was already lawfully known to the receiving party, or must be disclosed due to a legal obligation, is not considered confidential. In the latter case, the other party must be informed in advance, insofar as this is legally permissible.

§ 13 Free Trial Period

1. By starting the free trial, the prospect gains 14 days of access to the host portal and host website (test site).
2. The trial is free of charge. No costs arise during or after the trial.
3. The trial ends automatically after 14 days.
4. No cancellation is required — no payment details are collected in advance.
5. No automatic subscription begins after the trial. Paid use only starts when the prospect actively books a package.
6. During the trial, all platform features can be tested in full, except for publishing to a custom domain.
7. For content the prospect enters into the host portal or the test site during the trial, § 5 (Liability for Content) and § 4 (Client Obligations) apply accordingly.

§ 15 Final Provisions

1. The language of the contract is German.
2. Amendments and additions to this contract require written form. This also applies to the waiver of this written form requirement.
3. For contracts with entrepreneurs, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For entrepreneurs domiciled in Austria, Austrian law applies. Vis-à-vis consumers, this choice of law applies only to the extent that it does not deprive them of the protection of mandatory provisions of the law of the state of their habitual residence.
4. The place of jurisdiction for all disputes is the registered seat of the provider, provided the client is a merchant, a legal entity under public law or a special fund under public law. § 14 para. 4 applies to consumers.
5. Should any provision of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The statutory provisions shall apply in place of the invalid provision.
6. The provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.