(A) Weekengo GmbH (“weekend.com”) provides a search engine for hotels and flights that finds low prices on the various hotel and flight booking websites of different providers (“Application”). Weekengo GmbH also acts as a travel agent for some of the offers.
1. CONTENT OF THE OFFER
Weekengo GmbH is a limited company entered in the commercial register of the local court of Duesseldorf under HRB 79262, having its registered office in Burghofstr. 40 in 40223 Duesseldorf, Germany, E-Mail: email@example.com. Weekengo GmbH operates the mobile App weekend.com and the weekend.com Website as a price search engine for comparing the prices of flights, hotel accommodations and package tours offered by third parties. Weekend.com web and mobile search various hotel websites, websites of online travel agencies and tour operators as well as airlines (“Third-Party Providers”) in order to show the user inexpensive combination possibilities and travel offers that can be booked independently for a weekend trip. The Application offers the user the option to customise the search according to individual criteria.
In addition, for some of the offers, the user has the option of booking directly via the weekend.com Website or App. weekend.com acts as a travel agent for such offers. weekend.com informs the user of this fact at the time of booking, showing the user the General Terms and Conditions of weekend.com for Agency Services (“GT&Cs”) in the booking section, as the GT&Cs are applicable in such cases. The user must agree to the validity of the GT&Cs prior to booking.
2. SERVICES PROVIDED BY WEEKEND.COM
2.1 Weekend.com is the operator of the search engine for weekend trips that can be used via the App and the Website. Weekend.com provides the technical possibilities that facilitate the user's search for the most inexpensive flights and/or hotels as well as package offers for weekend trips. After using the search function, the user has the option – depending on the respective offer – either to book the selected flight and hotel services with the respective Third-Party Provider, or to book the offer directly in the App or on the Website via weekend.com.
2.2 In cases where a direct booking via weekend.com is not possible, weekend.com refers the user to the Third-Party Provider. In such cases, weekend.com solely provides the technical means to locate the offers and provides the technical link for referring the user to the booking website of the Third-Party Provider. Weekend.com does not guarantee the accessibility of the Website of the Third-Party Provider or the availability of the offer found. In such cases, weekend.com does not become a contracting party to the travel contract for the travel services concluded with the Third-Party Provider, nor does weekend.com act as a travel agent in such cases.
2.3 The responsibility for the bookings made via the booking website of the Third-Party Provider lies solely with the respective Third-Party Provider. The respective general terms and conditions and data protection provisions of the Third-Party Provider as well as possibly any other general terms and conditions of the service provider (such as conditions of carriage of the airline, general terms and conditions of the hotel) will apply to the booking.
2.4 Since weekend.com is not a contracting party to contracts for flights and hotels found via the App or the Website and booked directly with Third-Party Providers, any rights in connection with the booking must be asserted by the user solely against the respective Third-Party Provider as the contracting party. Weekend.com also does not arrange for any communication, nor does weekend.com pass on any communication to the Third-Party Providers.
2.5 The App and the Website display content, prices, availability and other information provided by the respective Third-Party Providers. Weekend.com does not assume any liability for the up-to-dateness and correctness of this information. Rather, this information is retrieved at regular intervals from the websites and data interfaces of the Third-Party Providers and displayed to the user as per the status of the latest retrievals in each case. Due to interim fluctuations, which can constantly occur with hotel and air fares and availability, it is possible that the current prices and dates are not always shown.
2.6 With some specific offers, the user has the option, after using the search function and selecting an offer, to book directly via the booking process on the weekend.com Website or App. In such cases, weekend.com acts as travel agent but does not become a contracting party to the travel contract concluded for the travel services. In such cases, the user is notified of weekend.com's applicable General Terms and Conditions for Agency Services prior to booking the respective offer.
2.7 Weekend.com does not guarantee the availability of the service and the functionality of the user account. Weekend.com is entitled to discontinue the App and the Website at any time and without prior notice. You are recommended to take all appropriate safeguards before downloading any information or content from the App or the Website.
3. RIGHTS AND RESTRICTIONS
3.1 The copyright and other intellectual property rights in all materials on the App or Website are owned by weekengo GmbH or its licensors.
3.2 The trademarks, logos and service marks displayed on the App and the Website ("Marks") belong to us or other third parties. You are not permitted to use these Marks without our prior written consent or such third party which may own the Marks.
3.3 You may copy materials published on the App or the Website solely for your own personal information and non-commercial use. You may not modify, distribute, publish, transmit, reproduce, store or create derivative works of any material or content on the App or the Website for commercial purposes including without limitation and pricing or scheduling information.
4. Rights and obligations of the user
4.1 Responsibility of the user
If the user finds flight and hotel services via the App or the Website and books such services individually with various Third-Party Providers, the user must be aware that he or she is booking independent travel services that constitute neither linked travel arrangements nor package tours. The user alone is responsible for combining the various travel services. Different terms and conditions may apply to each travel service. Furthermore, changes made to one booking have no effect on the other bookings. The cancellation of an outbound flight will therefore have no effect, for example, on a hotel stay booked separately with another provider, or on a return flight that may have been booked separately. If the customer books a package tour or an associated travel service, the customer will always be expressly advised of such fact by means of the corresponding form.
4.2 User account
4.3 Account data
As a user, you are not permitted to pass on your use and access data to third parties. You must ensure that your account data and your password are treated confidentially. You are accountable to weekend.com and third parties for the use of your account.
4.4 Deletion of the user account
As a user, you are entitled to terminate your registration for the future at any time and to request the deletion of your data. If the account is deleted, all your personal data will be deleted permanently and completely.
4.5 Unauthorized use
5.1 Liability of the user
5.2 General limitation of liability
5.3 Vicarious agents and legal representatives
The above liability regulations shall apply mutatis mutandis to the liability of weekend.com in the event of a breach of obligations on the part of its legal representatives, employees, officers, directors, shareholders, affiliates, providers or vicarious agents.
6. DATA PROTECTION
6.2 If, when registering the account or at another point in time, you agree to receive information about offers or promotions (such as email newsletters, push notifications), you will receive information from weekend.com at regular intervals. You are entitled to revoke your consent in writing or via email at any time.
7. FINAL PROVISIONS
7.1 Applicable law
The laws of the Federal Republic of Germany shall apply unless internationally mandatory statutory regulations or international conventions, particularly mandatory consumer protection regulations, provide otherwise.
If the user is a consumer, the law may allow you to bring proceedings in the place you are domiciled. If the user is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction for all legal disputes arising from this agreement shall be Düsseldorf.
7.3 Applicability and modification rights
7.4 Severability clause
If any individual provisions of this contract should be invalid, the validity of the remaining provisions shall remain unaffected. The parties to the contract shall endeavour to replace the invalid provision with a provision that legally and economically best reflects the objective of the contract.