General terms and conditions of business (GTC)

General terms and conditions of business

1. Scope

1.1 Agentur Konsens GmbH, Schöllkrautstr. 39, 13503 Berlin (subsequently referred to as the “agent”) is the operator of the website www.konsens-booking.com (subsequently referred to as the “internet platform”), a hotel room reservation service for event and congress participants.

1.2 These terms and conditions apply to all non-binding reservation enquiries as well as binding hotel room bookings made via the internet platform.

1.3 These terms and conditions also apply in the case of opposing terms and conditions of business of users who intend to book a hotel room (subsequently referred to as the “customer”). Unless agreed otherwise, these will also not be accepted even if the agent provides services and is aware of a customer’s terms.

2. Subject of agreement

2.1. Procurement of accommodation agreements

2.1.1 The service provided incorporates the procurement and completion of accommodation agreements.

a) If the customer makes a booking for themselves

In a booking, the agreement is made directly between the customer and the operator of the chosen accommodation (subsequently referred to as the “provider”). For this purpose, the agent passes the customer’s personal data on to the provider.

b) If the customer makes a booking for someone else

The agreement is made solely between the person who will employ the provider’s service / a natural person or corporate entity, who will also be named as the invoice recipient, and the provider. For this purpose, the agent passes the personal details of the person who will employ the provider’s services on to the provider. The customer is therefore obliged to only make bookings for people for which they are entitled to
a) provide corresponding declarations
b) provide personal data and initiate the forwarding of personal data to the provider by the agent.

2.1.2 All claims and obligations arising from the accommodation agreement exist directly and exclusively between the customer, if they have booked for themselves / the person employing the provider’s services / the invoice recipient, and the provider. There is no accommodation or other contractual relationship between the customer and the agent.

2.1.3 The provider of the hotel rooms is not the agent but the provider chosen as a contractual partner. The selection made via the internet platform does not mean that there is no other accommodation which could better fulfil the customer’s needs or requirements.

2.1.4 In the case of any breach of contract or duty by the provider, the agent is not obliged but entitled to compensate the customer for any damages in individual cases to ensure the smooth processing of the contractual relationship. In such a case, the customer transfers their compensation claims towards the provider to the agent so that they can claim for damages for any incurred costs. The agent accepts this transfer.

2.1.5. In the case of any breach of contract or duty by the customer in their relationship with the provider, the agent is, on the part of the provider, authorised to assume any claims of the provider towards the customer in their name and claim payment for this.

3. Booking

3.1 All bookings are forwarded to the chosen provider by the agent, as intermediary, on behalf of the customer. To ensure a smooth booking process, it is therefore important that the details provided by the customer (e.g. accommodation and contact details) are correct and complete.

3.2 The customer is obliged to provide details of a planned late arrival (after 6.00 pm) in the booking. In the case of an unexpected late arrival, the agent must be immediately notified by e-mail kirsten@konsens-booking.com so that the hotel can be informed.

3.3 It is not permitted to reoffer the hotel rooms booked via the agent in return for payment. A request to transfer of the booking must be sent to the agent via e-mail at kirsten@konsens-booking.com.

3.4 The booking is binding upon booking completion and a confirmation e-mail will be sent to the customer. The customer will first be requested to confirm their personal details and e-mail which will be sent to the given e-mail address. The booking can only be completed once these details have been confirmed. The customer is responsible for ensuring the confirmation is received when sent. The effectiveness of the booking remains  unaffected by this.

3.5 The provider will invoice the customer directly for all accommodation costs incurred during their stay as well as any possible further costs. Payment is usually made via credit card. The card must be presented to the provider. The date of invoicing depends on the provider’s terms.3.6 A maximum of five rooms may be booked online. Reservations for more than five rooms must be made via the separate “Group enquiry” module.

4. Amendments and cancellations

4.1 After completing the booking, the customer is obliged to pay the agreed sum. This also applies if the service is not used. In this case, the agent invoices the customer for the agreed sum plus a processing fee of 12.5% plus VAT.

4.2 To prevent any misunderstandings, all requests for amendments to a confirmed booking must be sent to the agent by e-mail, stating the booking number. Amendments made by the agent must be confirmed by the customer by e-mail and forwarded to the hotel.

5. Information on the hotels

All information on the hotels is based on the details given by the providers. The agent has no influence on these details and does not assume responsibility for these being correct or complete.

6. Prices

6.1 The prices quoted by the providers for the respective services are shown in euros and include VAT. Costs for accommodation and breakfast are listed separately. There may also be further regional charges. The provider will collect these directly at the accommodation. The prices given by the providers on the internet platform may differ from those of the provider or other agents.

6.2 The taxes and other charges due at accommodation abroad depend on local regulations.

7. Data protection

7.1 The agent only collects, processes and uses the customer’s personal data with their consent or with a legal regulation which permits the collection, processing and use of the data. The agent only collects, processes and uses the data which is required for providing their services as well as for the use and operation of the internet platform and / or the services offered on the internet platform.

7.2 Under no circumstances will the agent sell data to third parties. The forwarding of data to third parties only occurs to the extent that this is required for a booking/reservation with the provider chosen by the customer or for the provision of other services by the agent. This includes the forwarding to companies associated with the agent or other subcontractors for the purpose of the booking processing in the context of corresponding contractual structures and valid legal provisions, in particular data protection law.

7.3 Further information on data protection and the use of personal data can be found in the Privacy policy.

8. Marketing

If the agent has received the customer’s e-mail address for the booking, they are permitted to use this, under the provisions of Section 7 (3) UWG, for electronic advertising for their own similar services. Hereby the agent must endeavour to send the customer advertising material which is tailored to their interests. The customer may object to the receipt of such electronic advertising at any time by sending an e-mail  to kirsten@konsens-booking.com.

9. Guarantee and liability

9.1 All the agent’s details have been compiled with the utmost care. However, no guarantee can be assumed for any errors in data collection or data transmission. The transfer of data to other data carriers, even in part, or the use for purposes other than those intended here, is only permitted with the express consent of the agent.

9.2 Some of the information provided on the agent’s internet platform has been supplied by the respective providers, other customers or third parties. All providers, customers and third parties assume sole responsibility for ensuring that the information they are providing, including the stated prices and availabilities, is correct, complete and up-to-date. They must also ensure that they are not supplying information which could violate the legal position of third parties. The agent is unable to check this information and therefore assumes no responsibility for the accuracy, completeness, quality or legitimacy of the use of information.

9.3 The customer shall indemnify the agent from all claims of third parties resulting from a violation against the obligations specified under 9.2. Furthermore, the customer will also support the agent in the defence of such claims and provide them with any necessary information.

9.4 There is no charge to the customer for the provision of accommodation through the agent’s internet platform. At the same time, however, the customer has no claims concerning the availability of the agent’s services (of dates/times or rooms). The agent does not accept liability for (partial) interruptions or disruptions to services due to repair, maintenance or updating activities or for other reasons which are beyond their control or which only minimally impede the use of the services.

9.5 The agent does not accept liability for the realisation of a booking. Likewise, the agent does not assume liability for any shortcomings or damages resulting from the fulfilment of the accommodation service through the provider. The agent cannot provide any guarantees with regard to the fulfilment of special customer wishes and therefore does not assume any liability for this.

9.6 Furthermore, the agent is also not liable for any damages regardless of the legal cause, unless these

b) were caused by the agent’s gross negligence or intent or

c) involve injury to life, body or health or an infringement of the product liability act or other legally mandatory liabilities.

9.7 Guarantees and claims for damages shall lapse no later than one year after the customer became aware of the damages. This does not apply to claims arising from unauthorised action.

10. Miscellaneous

10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods as well as the principles on conflicts of law of international private law.

10.2 The online dispute resolution platform of the European Commission is available at the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=DE. The agent will not participate in dispute settlement proceedings in front of a consumer arbitration body and is not obliged to do so.

10.3 The place of fulfilment is Werne, Germany. The place of jurisdiction in the case of legal proceedings with business people or persons who do not have a German place of jurisdiction is Dortmund, Germany. Otherwise, the statutory place of jurisdiction applies.

10.4 The agent’s internet platform and its content may only be used for individual enquiries concerning accommodation bookings. Automated enquiries are not permitted. The data material is protected by copyright and reproduction of this (particularly through automated readout, so-called scaping) is not permitted. Furthermore, the use of the data material (particularly enquiry results) for the purpose of forwarding this onto others is not permitted.

10.5 Links to websites of other companies (third-party providers) included on the internet platform are provided purely in the interests of the customer. If the customer clicks on one of these links, they will leave the agent’s internet platform. The agent has no influence on the content of the websites of third-party providers. They are therefore unable to guarantee the accuracy, completeness or soundness of this third-party content.

10.6 The agent reserves the right to amend these terms and conditions with effect for the future.

10.7 If one of these provisions loses its validity or cannot be enforced, it shall be replaced with a provision that is in agreement with the applicable law and comes as close as possible to the original intentions of the parties. This shall not affect the remaining agreement provisions.

Berlin, September 2019