1. Introduction
1.1. The Hotelio Portal (hereinafter referred to as “H.”) operates, with the domains www.hotelio.com as well as further domains with this name and different country codes, a global web service for management and presentation of hotels. The owners of hotels (hereinafter referred to as “Owner”) can place a presentation of their hotel, in order to promote their properties with the visitors of the websites. Persons who act on behalf of, and obtained the explicit permission from the owner to act as an agent for the owner may also promote above-said properties, which they have personally seen and visited. Depending on the quality and presentation material regarding the property Hotelio decides whether the house will be presented at the main page or not.
The subscription includes the use of Hotelio Portal, Hotelio Web and Hotelio Management.
Furthermore, persons interested (hereinafter referred to as “Tenant”), may be informed by Hotelio about the hotels inserted by the Owners and may send requests to the Owners.
2. Objective
2.1. Subject of the contract is the use of online portal Hotelio for setting and managing hotels.
2.2. H. publishes on the portal or provides links available for the hotel corresponding to the inserted information by the Owner on the Internet at the above domains for a fixed price for a certain period of time under the given contract. Bookings result only via the direct contact between the guest and the Owner. H. doesn’t act as an agent or mediator between the parties involved. A contract only exists between the Owner and H.
2.3. H. advertises itself as a portal in its sole discretion. In the course of this promotion it is possible that links between single object descriptions or general links to the websites are established to partner websites. This is done to promote the website as such and the Owners are not entitled to the integration into the other websites.
2.4. In the registration of a hotel single objects, but also boutique hotels and bed & breakfast may be inserted. All inserted objects are automatically described in several languages. H. reserves the right to limit the number of objects per Owner. With each new Subscription for one or more properties or other benefits of H. a new contract comes into force.
2.5. Owners are defined as persons who either are a legal owner of the hotel entered on the website, or the persons who act on behalf of and have been explicitly authorized by a legal owner to do so.
2.6. H. doesn’t take responsibility for misunderstandings and differences for Owners and/or agents acting on behalf of Owners, if they advertise the same property on the websites of H. This is also the case with differences between different agents, if they promote the same property with H.
Should an Owner remove a property from the website prior to the end of the duration agreed in the contract, H. does not reimburse paid money.
2.7. There is no legal claim for any property to be admitted.
3. Data storage, data processing and data protection
3.1. Input of clients’ and Owners’ data are undertaken by themselves, when they register with H. and, while using the system. The administrative use of any data is also undertaken by the client and Owner. When registering, the user will be able to see, which user group will have access to what type of user-data.
After processing the pre-reservation form of a client via the websites of H., data of the client can be accessed and used, via the contact data bank, by the Owner to whom the initial form was addressed.
3.2. Orders are processed for Tenants and Owners in accordance with applicable data protection regulations. Tenants and Owners are hereby informed that their data will be stored in machine-readable form and processed electronically for contract purposes. H. is entitled to pass the data, to the extent it is engaged to perform service to third parties.
3.3. Owners and Tenants are obliged to give their information and details correctly. H. doesn’t take any responsibility for the accuracy of such information given by owners and tenants whose inputs and any resulting consequences for the tenant and owner. H. is authorized, as far as it is required to forward the data.
H. is also authorized to use the data like pictures, videos or text on other online channels and websites for advertising and marketing and in general to increase the visibility of Hotelio and the properties listed on Hotelio. With the termination of the subscription H. reserves the right to keep previously listed data of the properties on the other channels and websites, e.g. social media, networks, etc.
3.4. With their first registration Owners and Tenants choose a password and username, with which they can log in and control their own data via the Internet from anywhere in the world and at any time. It is within the responsibility of the Owner and Tenant to control the use of their password so the third parties will not gain access to them. Should an Owner or Tenant have reason to suspect a third party has gained access to such log-in data, it is within the responsibility of the Owner or Tenant to change the password at once in order to avoid further access of a third party.
3.5. Regarding the display, graphic design and processing of information provided by a Landlord regarding a hotel H. is not bound by a directive and may change the layout or design of the website, providing that information given by the Owner stays preserved and displayed as such.
3.6. Photo material, given to H. for entering with the information regarding the hotel, is only accepted as digital material in JPG format and may not exceed the data size as given on the web page.
3.7. H. reserves the right to place additional material e.g. links or advertisement on all pages of the website.
3.8. H. may refuse the publishing of insufficient photo material and remove the relevant page from the website until the given material has been replaced. In this case, H. has to be informed by the Owner that the given material has been replaced in order to switch the page back online. H. cannot take any responsibility for any possible damage resulting from delays to switch the page back online. The contract is continued unabatedly.
3.9. Furthermore, the data of Owners or Tenants, or parts thereof (without necessarily the actual address), following an inquiry or answer to an inquiry, may be downloaded by a simple click to either Tenant’s or Owner's databank.
This is made possible in order to enable long-term and efficient communication between the users of the website and to enable H. to provide the highest possible standard of quality service. Owners and Tenants give their consent to the use of their data.
4. Use of data, processing of requests
4.1. Owners have a possibility to store data of interested persons and Tenants on the data bank of H., maintain and update a booking planer in connection to the properties displayed on the websites, and to receive and answer inquiries from clients. The Owner is responsible for the accuracy of, and functioning of, own contact data, especially his own email address, given in order to receive, forward and answer inquiries.
4.2. It is up to the Owner and Tenant to regularly call off and check their emails, in order to receive a maximum on benefit from the websites and data system of H.
4.3. If sending of emails, the transmission of emails or fax messages, receiving of telephone calls repeatedly results in error messages, H. is without prior notification entitled to deactivate the presentation of the hotel and to remove it temporarily from the website until the problem can be solved. The duration of the contract is not influenced by this. If it is possible, H. will attempt to notify the Owner.
4.4. Hotelio is authorized to erase incoming inquiries, mails and other incoming data of Owners after 12 weeks. H. is not responsible for lost emails or emails which were not transmitted completely and other lost data.
5. Fees and reimbursement
5.1. The use of the website for all Tenants, all persons registered at H. or not registered, is free of charge.
5.2. The fee for Owners to use our service has to be paid with the initial registration of the property in question, prior to the advertisement of the property going online. Hotels as well as other services and benefits such as Hotelio management will be activated when H. receives the full amount agreed to be paid corresponding to the duration of release by credit card payment or by bank transfer.
5.3. The paid fee is also not refundable in case of termination of the agreement between H. and the Owner.
5.4. The prices for entrepreneurs (Owner) apply without VAT. Beneficiary (Owner) outside of Switzerland has to calculate the VAT from the net amount and possibly pay it to the relevant foreign tax authorities. The beneficiary (Owner) is liable for VAT.
5.5. All costs for money transfers etc. are to be covered by the Owner. Has the complete payment not arrived in time or incomplete, H. is entitled, without further notice or warning, to take the page with the advertised property offline and block it until full payment is received. The duration of the agreement, as described in the contract, is not influenced or shortened by this.
5.6. In case of late payment H. is entitled to demand a general reminder fee. In this case H. reserves the right to claim for a lump sum compensation fee.
5.7. The Owner gives consent to H. to directly claim the fee for services of H. payable by the Owner to the credit card of the Owner or the Owner pays the fee for services rendered by H. by money transfer. H. publishes the advertisement for the property within 5 working days on payment receipt.
5.8. A subscription to H. is extended automatically, if the Owner does not cancel the corresponding contract - which comes into being with the agreement to a subscription by the Owner - 2 months before the subscription ends by a letter per post or per fax to the following address or directly in the system:
Casalio GmbH
Haupstrasse 35
6315 Oberägeri
Schweiz
Fax: 0041 415608272
The contract extends automatically by the contract period, which underlays the expiring previous subscription to the corresponding current prices.
6. Contract period
6.1. The contract period of the subscription is from 3 to 5 years.
6.2. A subscription is automatically extended by the duration of the contract which was based on the expiring previous subscription, if the Owner does not cancel the contract for subscription at least two months before the subscription which is currently existent expires. If the contract remains existent and payment is carried out fluently for the upcoming contract period, the subscription is automatically activated by the corresponding subscription period.
6.3. If payment for the renewal of a subscription is not executed before its expiry, or cannot be performed due to non-current credit card data, the agreement is still extended, if it is not explicitly terminated. Assigned holiday properties or Personal Hotelio websites (Hotelio Web) or any other website under subscription, and links to a subscription are to be suspended and will not be displayed until receipt of payment.
6.4. If the subscription is cancelled, associated with the subscription objects and functions in the admin area after the existing subscription will be no longer accessible. The data as to the hotel as well as the data of the Tenants or Owners however remain stored/saved at H. for the Owner for at least three months, in order to enable the Owner to reactivate the contract even after the initial contract has expired. Tenants and Owners give their consent to this.
7. The advertisement
7.1. The Owner confirms that he is entitled to let the hotels entered in the websites of H. and data system. On subscription at H. only the registered hotels by the Owner will be offered. The Owner is obliged to compile all data in the description of the hotel to his best knowledge, correct, and not to give any information he is aware to be incorrect. In case of a premeditated violation of the Owner's duty to give correct price and availability data, H. may demand an extraordinary fee from the Owner. In this case H. may remove the hotel of the Owner from the Portal or expose services at Hotelio Web. The duration of the contract is not influenced by this. A claim for compensation by the Owner does not exist and cannot be claimed against H.
7.2. The Owner alone is responsible for the accuracy and content of his/her description of the hotels listed.
7.3. H. is not taking liability for inaccuracy in the descriptions of hotels or for violations of contracts between Owners and clients or for fraudulent entries and representations and actions of Owners or Tenants and the resulting consequences for Owners or Tenants.
7.4. H. is also not liable for damage resulting through changes to the design of the websites, changes to the design and lay-out of photo material, or the presentation of data entered by the Owner.
7.5. The Owner releases H. from any responsibility towards third parties, resulting from claims of third parties, due to incomplete data and information and/or data and information about offered hotels wrongly placed at the disposal of H. Any costs, be it for the service of attorney at law or the cost resulting from court procedures of claims made by a third party, are to be covered in full by the Owner. Also H. is released from all claims that might arise from faulty available data and information on Hotelio Portal or Hotelio Web provided by the Owners.
Tenants and Owners release H. from all claims that may come about H. existence of fraudulent and erroneous actions and inputs, fraudulent communication and the like and are responsible for the review and accuracy of all data, information and statements to and from persons, companies and hotels and any consequences thereof responsible communicated or caused to H. All incurred costs for reasonable legal defense and tracing against the third party shall be borne by the Owners.
7.6. The Owner and Tenant assure that with entering the hotel and his personal specified data in the system, they have not violated any copyright laws or, in any way or manner, infringed on the rights of third parties. The Owner and Tenant release H. from any responsibility against the third parties, for claims resulting from possible violations or infringement of licensing-, registration-, patent-, and user-law, laws regulating travel services, or any other existing law or regulation. Any costs, be it for the service of an attorney at law or the cost resulting from court procedures of claims made by a third party, are to be covered in full by the Owner or Tenant at fault.
7.7. H. is not liable for the success of the advertisement as covered by this agreement.
8. Copyrights and links
8.1. By entering the data in the data bank on the website, the Owner gives permission to H., under consideration of the data protection laws and regulations, also to use this data for publishing in other media.
8.2. The Owner gives permission to H. to use such graphic materials for the purpose of marketing. For this purpose H. may also duplicate and circulate all photo and graphic material in any way or form.
8.3. H. reserves the right to place links and references in the presentation on the web pages.
8.4. H. reserves the right to further develop the design and layout of the presentations and to change those.
8.5. H. reserves the right to refuse Owners references and/or links to extern Internet presentations on the website of H. H. is not obliged, when refusing or deleting such a link, to inform the Owner.
8.6. On the portal of H. and personal Hotelio websites or Hotelio Web hyperlinks can be made to other websites operated by parties other than H. Such links are only displayed as an indication. H. doesn’t control the website the link is referring to and also is not responsible for the content of any such websites. Including such links is no indication of H. agreeing with the material displayed on such websites, nor to indicate any connection to the proprietor of the website.
8.7. With Hotelio Web, Hotelio provides the Owners with own website, with the use of their own domain for this. Since the Owners hence operate a stand-alone website, they are responsible for correct representation of their terms & conditions and to all necessary information on data protection and the like as well as to legitimate indication of all data. Owners release H. with the use of a separate page on Hotelio Web from all claims that may result from incorrect use and lack of information or the like on their site and are responsible for proper and legitimate and legally adequate information on their website and on Hotelio overall.
8.8. With the subscription at H. the owners agree to embed the member badge of Hotelio to their website. New properties will not become visible on Hotelio until the embedding of the member badge has been confirmed by the owner.
9. Guarantee
9.1. H. guarantees following usual technical standard to display the hotels, entered into the system by the Owner, in the best possible representation. The Owner is aware, that, resulting from today’s technology and possibilities of transmitting via the Internet, it impossible to guarantee a performance completely free of mistakes, errors and breakdowns. Short term close downs of a server and unavailability of information is not entitling to a reduction in price.
9.2. When publishing photos on the Internet, changes in color may occur. However, the higher the quality of the original, supplied by the Owner, is, the smaller possible changes in color and quality will be. H. doesn’t take any liability for changes in quality of graphic material displayed on the website.
10. Liability
10.1. H. is liable for intent and negligence in the scope of the legal terms. H. is not liable for unforeseeable damage, collateral and consequential damages, lost benefit and financial losses as well as damage caused by strike or military actions and acts of God.
11. Cancellation
11.1. Tenants, Owners may terminate the contract with H. within the period of 14 days before the end of the month, and also the automatic renewal of the contract is subject to the given contract. The termination can be justified by fax, letter or email. Existing Subscriptions – least validity time is from 3 years - then however, continue unabated until the termination of the contract, and are therefore subject for Owners to proceed with the further payment.
11.2. If an Owner or Tenant trespasses against his/her rights and duties appearing from the general terms and conditions, Hotelio is authorized to cancel the contract with the immediate effect without giving reasons, and to delete the current subscription with immediate effect and to take it out of the offer of H.
11.3. In case of a cancellation before the end of the regular term of the subscription, payments already supplied for subscriptions for the advertisements of holiday accommodations at the website of H. or a personal Hotelio-Website (Hotelio Web) or Hotelio Management, are not repaid to Owners.
12. Place of delivery
Place of delivery is Zug, Switzerland.
13. Final regulations
13.1. The content of these “General terms and conditions” is in force for all contracts, regarding services of H., between H. and Owners as well as Tenants, if the content of the GTC refers to Tenants or Owners. This is also the case if Tenant or Owner use own General Terms and Conditions, differing in contents of those used by H. In this case the GTC of H. has priority.
13.2. Should one or more regulations in these GTC be contrary to existing law, or, at a later date become contrary to law, or should a paragraph only cover the subject in part, the other paragraphs of this GTC still remain in force. In place of the inactive paragraph or in place of missing subjects, an alternative regulation, in an economic sense, closes to the initial intentions of the contract partners, or the intentions, had all partners known of the change of law or of the missing subject, abiding Swiss law, should come into force.
13.3. If a regulation of the General terms and conditions is void in whole or in part or its legal effect does not exist at a later point of time any longer or a regulation of the GTC shows a gap, then the validity of the other regulations is not affected by that. An alternative adequate regulation which is the most similar from an economic view should take the place of the void regulations or of a gap as far as it is legally permitted, which the contractual partners wanted or would have wanted, if they have considered the void of the regulation or the gap in advance.
13.4. This contract is under the jurisdiction of Zug, Switzerland.
13.5. All side agreements of the contract must be in writing in order to be effective.
13.6. Competent court of jurisdiction is the County Court of Zug, Switzerland. In case of suits against Hotelio, the competent court is the County Court of Zug, Switzerland. In case of suits of H. against Owners, Tenants or other persons, the only competent court is County Court of Zug, Switzerland, as far as the defendant is merchant who has been entered as such in the commercial register or an entity of the private or public law or as far as the person has no general competent court in Switzerland.
