These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts between the provider Best Travel Award (hereinafter referred to as “BTA”) Wallbergstr. 17, 85221 Dachau – represented by the owner Yilmaz Bingöl – and the customer and regulate all details between these parties in connection with the provision of services.
The subject matter of the contract are:
The provision of the software listed under the website www.besttravelaward.com for use via the Internet and the storage of data of the Customer on servers of the data center of BTA or by the provision of third parties on behalf of BTA. The granting of a digital certificate by BTA to the customer by e-mail for purposes of thematically appropriate marketing on the Internet and on site. Software, which has been developed individually, is not subject of this contract. The prerequisite for the authorized use of the software and the certificate must be met.
As a prerequisite, hotels, theme parks and airlines must have at least 150 ratings with an average of “very good” on each of 2 common online rating portals selected by BTA. Hotels must also be at least 4 stars and above. Location must be developed for tourism, also applies to theme parks. Amusement parks may not be classic zoos (except for wildlife parks), circuses with wild animals and dolphinariums.
The nature and scope of the services to be provided by both parties shall be governed by the contractual agreements. The scope of performance defined in the contract shall be deemed to be the agreed quality. Decisive for this are:
– the defined scope of services and the duration of the contract on the offer page (pricing plan), in an individual offer letter or by e-mail for the software and the certificate specified in the contract,
– the suitability for the use assumed in the contract,
– the conditions specified in the contract,
– the following conditions,
– generally applied technical guidelines and professional standards, in particular also the international standards W3C, IETF and RFC.
– In case of discrepancies, the contractual agreements shall apply in the above order.
Further conditions, in particular general terms and conditions of the contracting party, shall not apply, even if BTA does not expressly object to them. The GTC of BTA shall apply exclusively.
3.1. Rights and obligations of the customer to software, data and certificate
If all requirements for the use of the software and the certificate specified under §1 are fulfilled, BTA grants the customer a non-exclusive, non-transferable and non-sublicensable right to use the software and the digital certificate specified in the contract for the duration of the contract. The software and the digital certificate shall be provided via the Internet or by e-mail. The transfer point for the services is the router output of the data center used by BTA to the Internet.
The customer undertakes to use the software exclusively in accordance with the contract and neither to pass it on to third parties nor to make it accessible to third parties in any other way. The customer undertakes to use the digital certificate in accordance with the contract, in particular to advertise his company visibly on site, on his website, on travel sites on the Internet, advertising banners and other serious forms of advertising in connection with travel. For this purpose, the customer may not change the font, form, design, color and texture of the certificate.
The customer is not allowed to change the software or the certificate, to use it improperly, to copy it without authorization or to use any part of the software to create a separate application. Copyright information and other proprietary notices may not be removed, modified or otherwise edited. Customer hereby acknowledges BTA as the sole licensor and the copyrights associated therewith.
Data collected, processed and generated by the Software will be stored on the servers of the Data Center. The customer shall in any case remain the sole owner of the data and may therefore demand that BTA delete individual or all data at any time, in particular after termination of the contract, without any right of retention on the part of BTA.
3.3. Contract duration and termination
The minimum term for the provision of chargeable services is 365 days. The contract period shall be automatically extended by another 365 days if no electronic or postal notice of termination is given prior to expiry. BTA is entitled to terminate the contract for good cause, especially in case of missing payment or if due to massively missing entry requirements mentioned under §1 the claims for the services are forfeited. A re-evaluation for the fulfillment of the prerequisites mentioned under §1 takes place annually. In the event of a serious lack of fulfillment of the prerequisites and in the event of grossly incorrect use of the certificate, the entitlement to benefits shall be withdrawn prematurely without any right to repayment of the fee already paid. The certificate may only be used as long as the contract exists. Should the certificate be used beyond the contractual relationship, BTA may assert a claim for damages in the amount of up to 500,000 euros.
4.1 Further Developments/Changes in Performance
In the course of technical progress and optimization of performance after conclusion of the contract, BTA reserves the right to make further developments and changes in performance (e.g. by using newer or different technologies, systems, procedures or standards). In the event of significant changes in performance, BTA shall notify the customer accordingly in due time. If the customer suffers significant disadvantages in his chargeable claim to performance as a result of the changes, the customer may terminate the contract two weeks after receipt of the notification of the change in performance. If new versions of the software are made available, BTA shall grant the customer the rights listed in Section 3 accordingly also for the respective new version.
4.2 System operation, system availability and malfunction
BTA shall ensure that the software provided is operated in an environment and configuration suitable for the requirements of the customer liable to pay the costs and on hardware suitable for the intended use of the customer liable to pay the costs. This includes the number and type of servers, regular backups, scalability, power supply, air conditioning, firewalling, virus checking and broadband Internet connection. BTA carries out daily backups of the data stocks. The availability of the data center network at the router output to the Internet is 99% on an annual average. The client-side connection to the Internet is the responsibility of the customer. This is not part of the scope of services. The downtime is determined in full minutes and is calculated from the sum of the fault clearance times per year. Excluded from this are those periods which BTA designates as so-called maintenance windows for optimization and performance enhancement, as well as time lost in fault clearance due to reasons for which BTA is not responsible and failures due to force majeure. Disturbances of the system availability must be reported by the customer immediately after they become known. Before reporting a malfunction, the customer has to check his area of responsibility. In the case of fault reports received within support hours, fault clearance shall commence within two hours. In the case of fault reports received outside support hours, fault clearance shall commence on the following working day. Delays in fault clearance for which the customer is responsible (e.g. due to the unavailability of a contact person on the customer side) shall not be counted towards the fault clearance time.
It is not possible according to the state of the art to exclude errors in the software under all application conditions. However, BTA warrants for fee-paying customers that the software mentioned at www.besttravelaward.com is basically functional. The limitation period is one year. Errors in the software will be eliminated by BTA free of charge within a reasonable period of time.
A prerequisite for this claim for the removal of errors is that the error is reproducible. BTA may, at its own discretion, rectify the defect, deliver a replacement or provide the customer with a new version of the software in order to fulfill the warranty obligation.
It is equivalent to a remedy of the defect if BTA delivers an alternative solution to the defective function, which allows the customer to use the software in accordance with the contract. Warranty claims are excluded if the software is not used in accordance with the contract and the customer or user is not liable to pay fees. Furthermore, the warranty claims are excluded if the customer makes changes or extensions to the software specified in the contract.
If a significant program error is not corrected by BTA in accordance with the stated conditions, the fee-paying customer can demand a reduction of the annual fee by 30 percent. Customers who use our service free of charge are not entitled to an error-free service. BTA has the same right to reduce the fee by 30 percent if the production of error correction is not possible with reasonable effort.
If in the course of error correction it turns out that the problems are due to operating errors or improper use by the customer, BTA may demand reasonable compensation for the effort incurred. BTA does not guarantee the fulfillment of the customer’s individual requirements by the software specified in the contract. This applies in particular to the non-achievement of the intended economic success. Warranty claims against BTA are only due to the direct customer and cannot be assigned.
In any case, the contractual as well as tortious liability of BTA, except in case of intent and gross negligence, shall be limited to 500,000 EUR for personal injury, to 100,000 EUR for financial loss, property damage and damage to activities, and to 50,000 EUR for loss of complex data in its own area of responsibility. Liability for loss of profit is excluded. BTA shall not be liable for disturbances on telecommunication connections, for disturbances on line paths within the Internet, in case of force majeure, in case of fault of third parties or of the customer himself. BTA assumes no liability for damages that occur if the customer passes on passwords or user IDs to unauthorized persons. BTA assumes no liability as long as the award/listing of a company on www.besttravelaward.com is free of charge through a voucher or in general.
For individual services, a fee agreed in the contract and on the offer page (Pricing Plan) will be charged according to the contract period of 180 days. The current fee can be found on the offer page at www.besttravelaward.com/pricing-plan or in the individual offer email. The external payment service providers Paypal and Stripe are available for the payment of the fees. Their respective terms and conditions and data protection conditions can be found on their service pages. In individual cases, payment is also possible via SEPA bank transfer.
Payments to BTA are made by SEPA transfer or via the external payment service providers Paypal and Stripe. Their respective general terms and conditions and data protection conditions can be found on their service pages. If the payment deadline of 20 days is exceeded, services may be limited or completely refused in the event of default. The customer is not entitled to offset claims against BTA, unless these are legally established claims or claims recognised by BTA in writing.
The contracting parties undertake to keep the knowledge and data obtained within the scope of the subject matter of the contract secret and to use it exclusively for the purposes of the subject matter of the contract, including for support assistance. This shall not apply to information that is publicly accessible or becomes publicly accessible without unauthorised action or omission on the part of the contracting parties or must be made accessible due to a court order or a law. If personal data must be processed within the scope of the subject matter of the contract, BTA and the customer shall comply with the statutory data protection provisions. In accordance with the Federal Data Protection Act (BDSG) of the Federal Republic of Germany, BTA informs the customer that data of the customer will be stored.
Place of performance as well as place of jurisdiction for both contracting parties shall be the registered office of BTA. The law of the Federal Republic of Germany shall apply exclusively. The contract, its supplements and amendments as well as changes of form shall require the written form.
Should any provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace an invalid provision with a valid agreement whose economic success comes as close as possible to that of the invalid provision.