Landlord Ads Terms and Conditions

1. General

a. The Downunder-Dago.de (further: Vendor) offers the owners of the lodging and other travel service providers (further: Landlord) the possibility of the electronic lodging service on the base of its marketplace (www.downunder-dago.de / .com) (further: marketplace) and attached registrations system max-td in accordance with the provisions of these conditions.

b. The use of the marketplace for lodging and other travel services is always in the database of www.downunder-dago.de

2. Vendors’ Services

a. The Vendor provides the marketplace. The marketplace is a platform for the vendors in the sphere of services in the tourism industry. The marketplace has an integrated, automated information system which aims at facilitation of the transmitted communication between landlords and the end user.

b. The benefits of the Vendor embody keeping the use of the market place, enabling presentations and requests for contracts negotiated in the market place through tenders and that are initiated by the user, the creation of communication between Landlords and customers about the marketplace and the attached registration system max-td. The Vendor in particular accepts the Landlords’ publication of accommodations specified in each individual order and provides technical possibilities of direct contacts between users and customers.

c. The Vendor is taking appropriate action to place the object in an appropriate form on the internet through the publication on the marketplace. This includes the integration of ads into other marketplaces of the operator and its partners. These offers are also posted on thematically appropriate marketplaces and if the Landlord deposits his offers multilingual then they will also appear on the foreign marketplaces. However, the Landlords can’t claim to show their ads on marketplaces operated by other users, vendors or on non-partner marketplaces.

d. The Vendor ensures accessibility of the available services by 95% in annual appropriations. The times when the server is not accessible on the internet on the basis of technical or other problems that are not in the sphere of influence of the vendor (force majeure, debts of others, etc.) are not included.

3. Approval of the User and Access to the Marketplace.

a. Prerequisite for the use of the marketplace is the admission by the Vendor. You can’t demand the registration or use of the marketplace.

b. As soon as the Landlord fills in the form, he can apply for admission to the marketplace. The Landlord enquires the access to the marketplace on the basis of given conditions as soon as he sends the filled form. The landlord should give the truthful information while filling the requested data application form in for approval. If a change takes place after the login data is indicated then the Landlord is obliged to provide the correct information immediately. This can be done with the help of the appropriate online forms.

c. The acceptance of the admission application is made as soon as the confirmation of payment arrives either via e-mail or by fax. When accepted by the Vendor, the service contract for the publication of the accommodation tender or other travel services is fulfilled for the set time period between the vendor and the user.

d. The vendor is entitled to evade the Landlord’s admission or block the Landlord’s access to the marketplace if a reasonable suspicion exists that the user violates these terms or the law.

e. All the logins are strictly individual and can be justified only by the users. The user is responsible for holding his login and password carefully, protecting from access by third parties and keeping from misuse and loss.

f. A partial or full transfer of Landlord’s rights from the contract with the vendor to a third party is excluded.

4. Landlord’s Obligations

a. The Landlord must provide with accurate and complete information in the tenders he makes. In particular, it is very important for object descriptions and availability. The Landlord is aware that the false or incomplete information can be the basis of complaints by the customer.

b. The Landlord is obliged to publish a single advertisement per offered accommodation. A published add per several hostels in one advertisement is excluded. After the individual accommodation ad is published, the modification of the object is impossible during the whole period.

c. An add can’t be made if the data are incomplete so that the subject and the price cannot be determined. If the offer or the performance of the contract after it is signed is against the relevant law, legal regulations, administrative orders against the decency, then the provider is entitled to remove such a tender immediately from the marketplace.

d. It is forbidden for Landlords to provide the marketplace with the content that violates legal regulations, administrative orders or is against good taste. It is also forbidden to set the content, the rights of the third parties, in particular copyright, patents, trademarks, utility models and design violation. The Vendor reserves the right to block third-party content if it is punishable in accordance with the applicable laws, recognizable or preparing criminal acts.

e. The Landlord should provide the Vendor with all the claims that the third parties use against the Vendor because of infringement of its rights or because of legal infringements on the basis of the offers established by the user and/or content claim. Regarding this the user accepts the costs of legal defense of the Vendor including all court costs and attorneys’ fees.

5. Prices, Payment Terms, Contract Duration

a. If the Vendor’s productivity is interfaced to the reimbursement, compensation paid by the user is determined in accordance with the latest pricelist which is visible on the marketplace. Refer the pricelist valid at the moment of conclusion of the contract.

b. Invoices should be submitted within 10 working days after the invoice access without deductions.

c. As far as the contract offers nothing else from the underlying content, then the contract is closed for the term of 12 months. The term starts as soon as the Vendor admits it. The contract can be renewed at the end of its term by the Landlord. Please, refer the current pricelist at the time of renewal of the contract.

d. The contract can be upgraded to a higher level. A new contract period of 12 months begins as soon as the upgrade starts. It is possible to pay off proportionally the residual maturities after full months in accordance with the previous contract.

6. Contracts Expiry on the Marketplace

a. Landlords have the opportunity to make offers to the end users on the market place. Contact conclusions on the benefits offered by the user occur exclusively on the relationship between the Landlord and end user without participation of the Vendor.

b. Everything in the application of the relevant Landlord’s logins delivered by the Vendor will operate for and against this Landlord.

7. Vendor’s Liability

a. The Vendor is liable for acts and gross negligence in full. Nevertheless, in the case of simple negligence the Vendor is liable for infringement of contractual essential duties only. The liability for indirect damages is limited in case of simple negligence on the amount of contractual compensation.

b. The Vendor is not liable for not indebted disturbances within the cable network.

c. The vendor is liable for the loss of data only in case such loss could not be prevented by corresponding actions to save the data from the Landlord’s side.

d. The Vendor is not liable for the damage of the contractual use to the resulted services on the marketplace that have been caused by the Landlord’s improper or incorrect presentation of the requirements.

8. Data Security and Data Privacy

a. The Vendor’s servers are in appropriate way guaranteed to conditions of techniques. However, the Landlords are aware that the risk for all the participants is that the transferred data can be tapped.

b. The Landlord agrees that the Vendor keeps the information and data on the course of business deals between the Landlords and customers in the implementation of these transactions in an anonymous form and can be used in an anonymous form for marketing purposes such as the statistics and presentations.

c. The Vendor is entitled to save and edit the obtained data in compliance with the requirements of the applicable data protection provisions during the term of this contract in connection with the business relationship of Landlord. This applies in particular to information on corporate data, billing data and contacts of the user as well as corresponding information that is provided or modernized by the Landlord; the Vendor can store and forward the data collected in the course of the Landlord's transactions to other users if it is necessary or required by the law.

d. The Vendor will address all the data concerning the Landlord that are marked as confidential, confidentially and use it only in accordance with these terms. The Vendor reserves the right to derogate from this if it must provide the Landlord’s data on the basis of law or official orders.

e. The Landlord gives to the Vendor not exclusive, time-unlimited, communicable and content unlimited right to use the established maintenances from the Landlord aside in particular images and graphics, on other places for the purposes of marketing for the whole marketplace and the landlord’s offers in particular.

9. Applicable Law, Jurisdiction, Severability

a. The law of the Federal Republic of Germany is necessary.

b. Jurisdiction is Ingolstadt. The vendor is also entitled to complain in the general jurisdiction of the Landlord.

c. If separate determinations of these Terms and Conditions will be or become ineffective and/or inconsistent with the statutory provisions, then the validity of the Terms and Conditions is also not affected. The ineffective determination of the parties is replaced by the determination that suits to the economic purpose of the invalid determination in a legal way. The above-stated regulation is considered to apply in accordance with regulatory gaps.