HOBIDD GmbH
DR FRANZ-REINPRECHT-WEG 5
9020 KLAGENFURT AM WÖRTHERSEE
AUSTRIA
GTC means these General Terms and Conditions of the Operator; the abbreviation GTC is used below.
Operator means HOBIDD GmbH, which provides and manages the Platform and is responsible for its operational processes.
Platform means the online platform hobidd.com including subdomains, future domains, mobile apps, interfaces and all related digital services.
Providers are commercial contracting parties of the Operator who publish sales offers for stays and prize draws on the Platform, negotiate directly with Participants about sales prices by means of price proposals and price enquiries, or sell stays at the regular price via the BOOK NOW option.
Service Providers are specific accommodation businesses that actually provide the services relating to the stays; the term is used in particular where the Operator receives or purchases vouchers from businesses and sells or raffles them to Participants; Providers and Service Providers may be identical.
Participants are registered users of the Platform who view sales offers, take part in prize draws, submit price proposals and send price enquiries, book stays or purchase vouchers.
Vouchers are electronic documents with a booking code which securitise the claim to specifically designated services relating to stays for fixed agreed dates or periods; in voucher models, payments by Participants are made to the Operator.
Availability means the possibility of redeeming a voucher within the redemption conditions (periods, blackout dates, minimum lead time, room categories, allotments) defined in advance by the Service Provider.
BARTER tariffs are compensation models under which the Operator provides Platform usage services and in return receives vouchers from Service Providers as consideration, without any flow of funds between Providers and the Operator.
VOUCHER tariffs are purchase models under which the Operator acquires vouchers for stays from Service Providers for consideration and publishes, sells or raffles them; performance of the securitised services is the sole responsibility of the Service Providers.
The Operator operates the Platform. These GTC conclusively govern the conditions for posting and offering paid sales offers for stays as well as for prize draws conducted by Providers on the Platform.
The provision of the contractual services by the Operator is based exclusively on these GTC, which form an integral part of every contractual relationship between the Operator and the Providers. Deviating, conflicting or supplementary terms and conditions of the Providers or Participants shall not become part of the contract, even if known, unless their applicability has been expressly agreed in text form.
These GTC shall also apply, without renewed express agreement, to all future legal transactions and business relationships between the Operator and the respective Providers.
The use of the plural serves solely to improve readability and also covers cases in which only a single Provider or Participant is a contracting party.
HOBIDD promotes offers of commercial Providers and forwards enquiries. Bookings are concluded exclusively directly between Participants and Providers. HOBIDD is not a contracting party to these stays and does not accept payments between Participants and Providers. By way of deviation, in the case of vouchers, payment is made to the Operator pursuant to Clause 36 (Payment for vouchers by Participants) and Clause 59 (Payment for vouchers by Participants).
The Providers are exclusively commercial undertakings which publish paid sales offers on the Platform and negotiate directly with Participants or enable immediate purchase.
The Service Providers are the specific accommodation businesses which provide to Participants the services relating to stays securitised in sales offers or vouchers; Providers and Service Providers may be identical.
The Participants are entitled to submit price proposals or price enquiries for published sales offers or to purchase sales offers via the BOOK NOW option at the displayed price.
The Operator publishes only content provided by Providers and assumes no warranty for the correctness, completeness or lawfulness of this content; liability exists only in the event of intent or gross negligence on the part of the Operator.
The Providers warrant that all content they post is lawful and does not infringe the rights of third parties and shall indemnify and hold harmless the Operator against all claims of third parties arising therefrom.
By posting content, the Providers grant the Operator a free, simple, geographically and temporally unrestricted right of use to reproduce, publicly display, distribute, technically process and market the content on the Platform and on external channels of the Operator; the right of use expires upon deletion of the content, without prejudice to archiving for documentation purposes.
The Operator is entitled to create and store records (e.g. screenshots) of published content for evidence, documentation and billing purposes.
The Operator holds all rights to the trademark, design, structure, software, source code and business concept of hobidd; the Providers and the Service Providers do not acquire any rights thereto.
The Providers and the Service Providers are not entitled to use the hobidd trademark, design or functionalities outside the contractual use; any use of the hobidd trademark for advertising purposes requires the prior consent of the Operator in text form.
The Providers and the Service Providers undertake to treat trade secrets and confidential information of the Operator as strictly confidential; this obligation continues beyond the end of the contract.
The Providers and the Service Providers indemnify and hold harmless the Operator against all claims of third parties arising from a breach of these provisions.
Use of the Platform by commercial Providers requires prior registration in electronic form via the Operator’s Platform.
When registering, the Providers undertake to provide only truthful, complete and up-to-date information.
By registering, the Providers confirm that they are acting in a business capacity, have legal capacity and are authorised to represent their undertaking and to make binding declarations on its behalf.
Access data must be treated as confidential and protected against unauthorised access. In the event of suspected misuse, the Providers must inform the Operator without delay. The Providers are liable for actions carried out under their user accounts unless they prove that they are not responsible for the unauthorised use. After successful registration, the user accounts are activated; the Providers receive one-time activation codes by SMS for activation. The functions of the Platform are then available in accordance with the tariff selected.
The processing of personal data in the course of registration is carried out in accordance with Clause 96 (Data Protection, Role Definition and Data Processing Agreement within the meaning of Art. 28 GDPR) and the Privacy Policy; the legal bases are in particular performance of the contract as well as the Operator’s legitimate interests in preventing fraud, misuse and legal violations.
The Operator offers various tariffs to the Providers, each of which includes different services and functions. The Providers select one of the available tariffs during the registration process.
The respective tariffs, the services included therein, the prices and the contract terms can be viewed on the hobidd.com website and are presented transparently to the Providers during the registration process.
By completing the registration and selecting a tariff, the Providers enter into a legally binding contractual relationship with the Operator. The contract term is determined by the selected tariff and begins upon activation of the Providers’ user accounts.
The Providers are obliged to state their prices fully and transparently. Any additional costs, fees and charges must be clearly and prominently indicated, insofar as they can be determined in advance. Unforeseeable charges set by third parties (e.g. municipal charges) must be identified accordingly.
The prices shown in the sales offer are final prices and include all applicable taxes and charges. Services not included in the scope of performance that can be added on site (e.g. parking, wellness, pets, minibar, cots, late check-out) shall be charged by the respective Providers at their local prices.
In certain municipalities, a local/city tax (tourist tax/bed tax) may be levied, which must be paid by the Participants directly on site; the amount is determined by local regulations. The information in the description of the stay and in the booking confirmation is authoritative.
The Operator is entitled to correct obvious errors in prices, display or system. Contracts may be adjusted or rescinded in the event of a material mistake in accordance with the statutory provisions, in particular Section 871 of the Austrian Civil Code (ABGB). Payments already made will be refunded. Further claims against the Operator exist only to the extent permitted by law.
Participants may submit a price proposal for the Providers’ posted sales offers via the SUBMIT PRICE PROPOSAL function.
For sales offers with a longer booking period, Participants first select a desired stay date within the available booking period; the Providers confirm or reject this date.
A Participant’s price proposal constitutes an offer to conclude a purchase contract. The Providers may accept or reject price proposals or submit a counter-offer.
Upon acceptance of a price proposal by the Providers or acceptance by the Participants of a counter-offer submitted by the Providers, a legally binding purchase contract is concluded between the respective Provider and the respective Participants. Contracts for stays are concluded exclusively for confirmed fixed stay dates.
The Participants’ contact data is collected by the Operator after the contract has been concluded and transmitted exclusively to the Providers for the purpose of contract execution. The Operator is not a contracting party and assumes no liability for performance of the contract; excluded from this are payments in the voucher model pursuant to Clause 36 (Barter) and Clause 59 (Voucher).
Participants may submit price enquiries to the Providers via the Platform for published sales offers. Price enquiries are non-binding and visible only to the respective Providers.
In a price enquiry, Participants do not select a travel period; within the booking period specified in the sales offer, the Providers determine the fixed stay date and submit an offer with price and date. Price negotiations by Participants are excluded in the context of price enquiries.
If Participants accept the offer, a legally binding purchase contract is concluded between the respective Provider and the respective Participant. Contracts for stays are concluded for the fixed stay date determined by the Provider.
The Participants’ contact data is collected by the Operator after the contract has been concluded and transmitted exclusively to the Providers for the purpose of contract execution. The Operator is not a contracting party and assumes no liability for performance of the contract; in addition, Clause 36 (Barter) and Clause 59 (Voucher) apply.
Using the BOOK NOW option, Participants can purchase published sales offers at the stated regular price; price negotiations are excluded.
For offers with a longer booking period, Participants first select a desired stay date within the available period; the Providers confirm or reject this date. After confirmation of the stay date, the Participants submit a binding purchase commitment by clicking the “Confirm and pay” button; this concludes a legally binding contract.
Contracts for stays are concluded exclusively for confirmed fixed stay dates.
The Participants’ contact data is collected by the Operator after the contract has been concluded and transmitted exclusively to the Providers for the purpose of contract execution. The Operator is not a contracting party and assumes no liability for performance of the contract; payments in the voucher model pursuant to Clause 36 (Barter) and Clause 59 (Voucher) are excepted.
Contracts between Providers and Participants are concluded electronically via the Platform. Clicks on buttons such as “Confirm and pay” (BOOK NOW) or the express acceptance of an offer are deemed to be legally binding declarations. Electronic logs, log files, e-mails and system records of the Operator serve as evidence of the conclusion of the contract and the making of declarations.
For Clause 08 (Price proposals), the contract is concluded as soon as the Provider accepts the price proposal submitted by the Participants via the Platform or as soon as the Participants accept a counter-offer submitted by the Provider via the Platform.
For Clause 09 (Price enquiries), the contract is concluded as soon as the Participants accept the offer submitted by the Provider via the Platform based on the price enquiry.
For Clause 10 (Book Now), the contract is concluded by clicking the “Confirm and pay” button after an available stay date has been confirmed. Decisive for the time of the conclusion of the contract is the successful electronic recording of the act of acceptance in the Operator’s systems. A handwritten signature is not required; the electronic form via the Platform is sufficient.
Payment for the booked stays or services is made exclusively by the Participants to the Providers. The Operator is not a contracting party and does not accept payments. All payment modalities are agreed exclusively between the Providers and the Participants.
The prices shown in the sales offer are final prices and include all applicable taxes and charges. Services not included in the scope of performance that can be added on site (e.g. parking, wellness, pets, minibar, cots, late check-out) shall be charged by the respective Providers at their local prices.
In certain municipalities, a local/city tax (tourist tax/bed tax) may be levied, which must be paid by the Participants directly on site; the amount is determined by local regulations. The information in the description of the stay and in the booking confirmation is authoritative.
The Providers are obliged to present the agreed payment options transparently to the Participants and to comply with the applicable statutory provisions. The Operator assumes no liability for payment disputes between the Providers and the Participants.
By way of deviation, for vouchers pursuant to Clause 36 (Barter) and Clause 59 (Voucher), payment is made exclusively by the Participants to the Operator.
On hobidd, stays are booked exclusively for fixed agreed dates or periods; a purchase without a fixed date is excluded. Participants do not have a right of withdrawal pursuant to Section 18 (1) (10) of the Austrian Distance and Off-Premises Contracts Act (FAGG).
This applies irrespective of whether the booking was made via PRICE PROPOSAL, PRICE ENQUIRY or BOOK NOW. For voucher purchases, Clauses 42 (Barter) and 63 (Voucher) apply.
The Providers are obliged to post on the Platform only sales offers that comply with the applicable statutory provisions. The sales offers may neither in content nor in purpose violate applicable Austrian or European law.
The Providers shall fully indemnify and hold harmless the Operator against all claims of third parties arising from unlawful sales offers or sales offers that violate these GTC and shall hold it harmless. This includes all costs of legal prosecution and any damages.
The Operator is entitled to delete sales offers that violate applicable law or these GTC without delay and without giving reasons.
The Operator is entitled to reject, not approve or delete sales offers posted by the Providers without delay and without giving reasons. This applies in particular in the event of breaches of these GTC, unlawful or offensive content as well as sales offers that do not meet the quality standards of the Platform.
All costs incurred through deletion as well as any fees for reposting shall be borne by the Providers. The Providers are not entitled to a refund of tariffs or fees already paid.
Misuse of the Platform is prohibited, in particular systematic or automated data queries (scraping) beyond proper use, circumvention of technical or organisational protective measures, spam or harassing contact as well as the collection, publication or other unauthorised processing of non-public Participant data. Public Provider information may be shared and linked provided that no protective measures are circumvented and no Participant data is disclosed.
Use of the booking functions of the Platform is voluntary; Participants may book identical stays at any time via the Providers’ public channels (e.g. website) or other official booking channels of the Providers.
In the event of proven misuse, the Operator may take appropriate measures, including warnings, restrictions or blocking pursuant to Clause 98 (Blocking of Providers and Service Providers), without prejudice to further claims pursuant to Clause 101 (Indemnification).
Prize draws posted by Providers are free of charge for Participants. The prize must consist of a free product or a free service or a combination thereof. Bait offers, discount campaigns, “three-for-the-price-of-two” offers and references to promotional or special offers are not permitted. Participation in prize draws may not be tied to an obligation to purchase.
If participation in a prize draw requires Participants to travel in order to make use of the prize and if travel costs are not included in the prize, the Providers must expressly and unambiguously draw the Participants’ attention to this.
By posting a prize draw on the Platform, the Providers declare that they are responsible for the lawfulness of the information on the prize draw as well as for proper provision and performance of the prize. The Providers fully indemnify and hold harmless the Operator against all claims of third parties in connection with prize draws.
By posting a prize draw, the Providers grant their irrevocable consent that the Operator may publish the prize draw free of charge. After publication, changes to or deletion of the prize draw by the Providers is excluded.
The Operator is entitled to distribute published prize draws via external channels, in particular social networks such as Facebook, Instagram or X (formerly Twitter). For this purpose, the Providers grant the Operator a free, temporally and geographically unrestricted right of use to all content provided.
The term of a prize draw is generally 30 calendar days from publication. After expiry, it is no longer displayed on the Platform.
Participants take part in prize draws by using the like function for the relevant prize draw on the Platform. Participation is free of charge and is not subject to any further conditions. By participating, the Participants accept the Operator’s GTC.
Winners are determined automatically by random generator immediately after expiry of the term. The Operator has no influence on the determination of the winners.
Winners are notified exclusively by Facebook private message by the Operator. Winners must confirm within 14 calendar days of receiving the notification that they will claim the prize. If there is no response within this period, the prize claim shall lapse without compensation.
Employees of the Providers and the Providers themselves are excluded from participation in prize draws. Prize draws may neither in content nor in purpose violate applicable Austrian or European law. Prize draws for non-commercial purposes are not permitted.
Posting prize draws is subject to a fee. The applicable prices can be requested at info@hobidd.com.
If costs arise from the deletion of posted prize draws because they do not comply with these GTC, these costs will be charged to the Providers. The same applies to other breaches of these GTC in connection with prize draws.
The Operator is entitled to reject, not approve or delete Providers’ prize draws without delay and without giving reasons, in particular in the event of breaches of these GTC or unlawful or offensive content.
All costs incurred through deletion as well as any fees for reposting shall be borne by the Providers.
Payment for fee-based tariffs is due upon completion of the registration process. The registration process is deemed completed once the selected tariff has been paid in full. The BARTER and VOUCHER tariffs are excluded from this.
Upon full payment, the Providers user accounts are activated. The Providers can then use the activated services immediately.
In the event of default of payment, the Operator is entitled to block the Providers’ user accounts until full payment is made. All sales offers are deactivated during the blocking period. Once full payment has been made, reactivation takes place without delay.
No automatic contract renewals or fixed notice periods apply to any of the available tariffs. The Providers shall be given the opportunity to renew their contract no later than 14 calendar days before the existing contractual relationship expires.
If no renewal is made, all entries and sales offers of the Providers will be deactivated after expiry of the contractual relationship. The user accounts will be blocked at the same time. Automatic contract renewal or other contractual obligations beyond the agreed contract end are excluded.
Ordinary termination by the Providers prior to the end of the agreed contract term is excluded. In the event of extraordinary termination by the Providers for good cause attributable to the Operator, the Providers are entitled to a pro rata refund of tariffs already paid.
The Operator is entitled to terminate the contractual relationship with immediate effect for good cause. Good cause exists in particular if the Providers breach material provisions of these GTC or materially violate their contractual obligations.
Good cause includes in particular repeated breaches of these GTC despite warning, posting unlawful, immoral or offensive content, manipulation of prices or sales offers, mass posting of identical or nearly identical sales offers, use of automated systems or bots to create or manage sales offers, circumvention of technical protective measures of the Platform, misuse of the Platform for fraudulent or anti-competitive purposes, non-performance or repeated defective performance of services towards Participants, collection or storage of Participants’ personal data outside the contractually agreed purposes and breaches of data protection provisions.
In the event of extraordinary termination, there is no entitlement to a refund of tariffs or fees already paid. All sales offers of the Providers will be deactivated without delay and the user accounts blocked. The Providers shall be liable to the Operator for all damage resulting from breaches.
Upon termination of the contractual relationship, regardless of the reason, all sales offers and content of the Providers shall be deactivated without delay and are no longer visible to Participants. The user accounts are blocked.
Contracts already concluded between Providers and Participants remain unaffected by the termination of the contractual relationship. The Providers are obliged to fully perform these contracts.
The Operator is entitled to store all data and content of the Providers for documentation, billing and evidentiary purposes and to comply with statutory retention obligations. The stored data will be deleted after expiry of the statutory retention periods.
The Operator is entitled to promote Providers’ posted sales offers and prize draws across platforms for marketing purposes and to use information and image material, including photos, published on the Platform for this purpose. The Operator’s use of this material is limited exclusively to promoting the Providers’ sales offers or prize draws.
The Operator is entitled to distribute published content via external channels, in particular social networks such as Facebook, Instagram or X (formerly Twitter).
Promotion of the sales offers or prize draws by the Operator is free of charge for the Providers.
No payment by the Providers is required for the available BARTER tariffs. BARTER tariffs are settled on the basis of barter transactions.
For settlement purposes, the Providers make vouchers for stays in their businesses available to the Operator free of charge in the value of the selected BARTER tariff.
In order to transfer vouchers for stays to the Operator within the framework of barter transactions, Providers must register for a BARTER tariff free of charge.
The settlement of the BARTER tariffs is carried out by way of a barter transaction pursuant to Section 3 Para. 12 of the Austrian VAT Act (UStG). The Operator provides platform usage services to the Providers in the value of the selected BARTER tariff, and in return the Providers make vouchers for stays in their establishments available to the Operator.
For the purpose of proper documentation of the barter transaction, the Operator issues to the Providers, under the credit note procedure pursuant to Section 11 Para. 8 UStG, a credit note for the platform usage provided in the amount of the value of the selected BARTER tariff. This credit note documents the barter transaction and at the same time serves as confirmation of receipt and acknowledgement of the vouchers. No payment flow takes place.
The VAT treatment is governed by the applicable law in each case; the Operator is only entitled to deduct input VAT to the extent permitted by law. The credit notes are issued in euros and comply with all statutory requirements of the Operator’s country of establishment. In the event of incorrect or incomplete details provided by the Providers, the Operator is entitled to withhold settlement until such details have been corrected.
By the issuance of the credit note and the receipt of the vouchers, the Service Providers confirm their acknowledgement and express consent to the liability provisions pursuant to Point 43 (Non-performance of services and exclusion of liability). All rights in and to the vouchers pass to the Operator. The obligations arising from the vouchers, in particular the provision of the agreed services to the Participants, remain solely with the Service Providers.
The Operator is not a Service Provider. The Operator receives vouchers as compensation for the use of the Platform and sells or raffles these to the Participants. The accommodation services underlying the vouchers are provided exclusively by the Service Providers.
The Operator does not offer linked travel arrangements or package travel and does not become a tour operator within the meaning of the Package Travel Directive or the Austrian Package Travel Act (PRG). Even where the Operator receives payments for stays provided in the form of vouchers, no obligations as tour operator arise for the Operator; the Service Providers remain exclusively the Providers or accommodation establishments named in the offer.
Service Providers are exclusively the Providers of the vouchers to the Operator and/or the accommodation establishments specified in the sales offers. For the Participants, the Service Providers remain the direct contact persons for all matters relating to the stays offered in the vouchers. Communication between the Service Providers and the Participants may take place via the Platform. The Operator assumes no function and no liability in connection with the provision of services.
The value of the vouchers to be provided is specified by the Operator and cannot be changed by the Service Providers. The total value of the stays covered by the vouchers, including all services or items included in the vouchers, must be at least equal to the value stated in the vouchers.
The permissible performance period of the vouchers is predefined by the Operator and depends on the BARTER tariff selected by the Providers. The performance period is visible when creating the vouchers.
The Service Providers must send a voucher to the Operator using the form provided on the Platform no later than 72 hours after completing registration. Failure to comply with this deadline leads to the immediate deletion of the Service Providers’ user accounts. Re-registration is possible in this case.
If the voucher is rejected by the Operator, the Service Providers must provide a replacement voucher within a further 72 hours. If no voucher is transmitted within this period either, the Service Providers’ user accounts will be deleted. Re-registration for the BARTER tariff is excluded in this case; registration for paid tariffs remains possible.
If vouchers are transmitted to the Operator as part of barter counter-transactions, the Operator will review these within 72 hours for attractiveness, appropriateness of the prices and compliance with these GTC.
The Operator is entitled to reject vouchers without stating reasons if these are not considered sufficiently attractive in terms of price or content for the barter transaction. Rejection will be notified to the Service Providers without delay in text form.
If the Operator at any time determines that vouchers transmitted by the Service Providers do not correspond to the value of the selected tariff or do not correspond to the prices of comparable stays or packages of the Service Providers, the Operator is entitled to block the Service Providers’ user accounts with immediate effect until the facts of the matter have been finally clarified. The vouchers concerned will also be blocked and will remain inactive until clarification.
If the clarification shows that the vouchers do not correspond to the agreed value, the vouchers concerned will be revoked and will immediately cease to be valid. If the Operator has already provided consideration for the vouchers, the Service Providers are obliged to reimburse the Operator for the corresponding amount.
Re-registration of the affected Service Providers is excluded.
If the Operator accepts the vouchers transmitted by the Service Providers, the Operator will without delay send the Service Providers an email with a credit note confirmation (PDF) for the value of the compensated platform usage. This credit note documents the BARTER-based barter transaction (non-cash consideration instead of payment) under the credit note procedure pursuant to Section 11 Para. 8 UStG; no payment flow arises.
The Service Providers must confirm receipt of this credit note confirmation in text form within 72 hours (by returning the email with the PDF attachment). By providing this confirmation, the Service Providers guarantee the availability of the accommodation services stated in the voucher under their published redemption conditions (in particular blackout dates, minimum lead time, contingents, room category) and ensure the redeemability of the vouchers.
For this purpose, the Service Providers keep their redemption conditions as well as their calendar, contingent management and blackout dates continuously up to date. Changes only apply to future voucher offers; they do not restrict the redeemability of vouchers that have already been accepted.
If no timely confirmation of receipt of the credit note confirmation is provided, acceptance is deemed not to have taken place. The user account will be blocked with immediate effect and the vouchers concerned and any earmarked sales offers will be deactivated. Re-registration for the BARTER tariff is excluded.
If, despite confirmed acceptance/confirmation, availability is lacking (e.g. due to overbooking or non-updated contingents), this constitutes non-performance within the meaning of Point 43 (Non-performance of services and exclusion of liability), insofar as no applicable exclusion of liability applies.
The public activation of the Service Providers’ user accounts takes place without delay after timely confirmation of the credit note pursuant to Point 32 (Acceptance of vouchers).
The prices stated in the sales offer are final prices and include all applicable taxes and charges. Services not included in the scope of services, which can be booked on site (e.g. parking, spa facilities, pets, minibar, baby cots, late check-out), are charged by the respective Service Provider according to its prices.
In certain municipalities, a local/tourist tax (resort tax/bed tax) is levied, which must be paid by the Participants directly on site; the amount is determined by local regulations. The details in the stay description and in the booking confirmation are decisive.
The Operator is entitled to publish on the Platform, sell or raffle for marketing purposes vouchers received from BARTER counter-transactions at its own discretion. The regular sales price of the vouchers is based on the value of the respective BARTER tariff.
The Operator may sell the vouchers at the regular price via the BOOK NOW option or at a lower price by accepting price suggestions from Participants. Sales above the regular price are excluded.
By accepting the vouchers, the Service Providers grant the Operator their irrevocable consent to publish the vouchers on the Platform, to resell them to Participants and to raffle them for marketing purposes.
If Participants purchase stays for which the Operator has received vouchers as part of BARTER counter-transactions, payment is made exclusively by the Participants to the Operator. The purchase price becomes due upon submission of the purchase commitment and must be paid in euros using the payment methods provided on the Platform. Payments to Service Providers are excluded.
Taxes and charges collected on site by the Service Providers, prescribed by law or by local authorities, remain unaffected; with regard to prices, additional costs and charges, Point 34 (Additional services) applies.
After successful payment, the voucher is delivered; further processing is governed by Point 37 (Redeeming vouchers) and Point 38 (Confirming vouchers).
Before submitting their purchase commitment, Participants select a fixed stay date within the specified booking period; purchase without a fixed date is excluded. The fixed date is displayed to the Participants before they submit their purchase commitment. Contracts for stays are concluded exclusively for confirmed fixed stay dates.
No right of withdrawal exists (Section 18 Para. 1 No. 10 FAGG; see Point 42).
After successful payment, the Operator sends the voucher in electronic form as a PDF to the email address stored in the Participants’ user account. The voucher contains the booking code, the validity period and information on the scope of services and redemption. Delivery is made exclusively electronically. The Participants are obliged to provide a correct and accessible email address; once the electronic voucher is delivered, it is deemed to have been received.
The Operator informs the respective Service Providers about the voucher sale and transmits the Participant data required for this purpose exclusively for contract execution. Receipt of payment by the Operator does not create the status of tour operator. The Service Providers remain the Providers named in the sales offer.
Redemption takes place for the fixed stay date determined at the time of purchase via the Platform. Changes of dates require the explicit consent of the Service Providers and do not create any right of withdrawal.
The Service Providers must send the Participants a booking confirmation in text form (in particular by email) without delay after conclusion of the contract. The booking confirmation must at least contain the booking reference, the names of the Participants, the accommodation or service, the booked period, the scope of services, the price components and the applicable cancellation and payment conditions.
Contracts for stays are concluded exclusively for confirmed fixed stay dates. The Operator’s role ends upon transmission of the data. Confirmation, rebooking, cancellation and complaints take place exclusively between the Service Providers and the Participants. The Service Providers’ GTC and cancellation conditions apply. Any deviations from this require an express agreement between Service Provider and Participant which is clearly indicated in the offer description; the Operator is not a contracting party.
Participants must keep voucher data carefully and inform the Operator without delay in the event of loss, theft or risk of misuse so that the voucher can be blocked. Redemptions carried out before the block are at the Participants’ expense.
Unless expressly stated otherwise in the description, vouchers cannot be combined with other discounts, promotions or direct booker benefits.
After acceptance in accordance with Point 32 (Acceptance of vouchers), the Operator issues a credit note confirmation for the compensated platform usage. This credit note documents the BARTER-based barter transaction (non-cash consideration instead of payment) and is issued under the credit note procedure pursuant to Section 11 Para. 8 UStG; no payment flow arises.
The Service Providers must confirm receipt of the credit note confirmation in text form within 72 hours after receipt (by returning the email with the PDF attachment). By providing this confirmation, the Service Providers guarantee the availability of the accommodation services stated in the voucher under their published redemption conditions (in particular blackout dates, minimum lead time, contingents, room category) and ensure the redeemability of the vouchers.
For this purpose, the Service Providers keep their redemption conditions as well as their calendar, contingent management and blackout dates continuously up to date. Changes only apply to future voucher offers; they do not restrict the redeemability of vouchers that have already been accepted.
If no timely confirmation of receipt of the credit note confirmation is provided, acceptance is deemed not to have taken place. The user account will be blocked with immediate effect and the vouchers concerned as well as any earmarked sales offers will be deactivated. Re-registration for the BARTER tariff is excluded. Public activation takes place only after timely confirmation in accordance with Point 33 (Activation of user accounts).
If, despite confirmed acceptance/confirmation, availability is lacking (e.g. due to overbooking or non-updated contingents), this constitutes non-performance within the meaning of Point 43 (Non-performance of services and exclusion of liability), insofar as no applicable exclusion of liability applies.
Vouchers from BARTER counter-transactions are valid until the end of the booking period specified in the sales offer. If vouchers are neither sold nor raffled by the Operator within this period, they expire without replacement. No costs or other obligations arise for the Service Providers as a result.
If Participants are unable to commence their stay because the Service Providers do not provide the stay on the fixed travel date, the Service Providers are fully liable to the Participants for all resulting damage. This applies irrespective of the reason for non-provision, unless non-provision occurs due to force majeure pursuant to Point 106 (Force majeure).
Lack of provision particularly includes the absence of availability despite confirmed acceptance pursuant to Point 32 (Acceptance of vouchers) and/or confirmation pursuant to Point 38 (Confirming vouchers), for example due to overbooking, non-maintained contingents or deviations from the published redemption conditions.
The Service Providers’ user account will be deactivated without delay but not deleted for documentation purposes. If the matter is clarified in favour of the Service Providers, reactivation will take place. If the matter cannot be clarified or if performance is refused, the Service Providers will be permanently blocked.
The value of the platform usage provided by the Operator must be fully reimbursed by the Service Providers within 14 calendar days after receipt of the invoice.
These provisions apply equally to vouchers sold and to vouchers raffled.
Vouchers may only be transferred with the prior consent of the Service Providers given in text form.
Vouchers are sold or raffled exclusively for a specifically determined fixed stay date or period; purchase without a fixed date is excluded. No right of withdrawal exists pursuant to Section 18 Para. 1 No. 10 FAGG.
Further processing is governed by Point 37 (Redeeming vouchers) and Point 38 (Confirming vouchers). In all other respects, Point 13 (Right of withdrawal for direct bookings) applies mutatis mutandis.
If vouchers cannot be redeemed by the Participants with the Service Providers or if the Participants are unable to make use of their stays in accordance with Point 39 (Validity of vouchers) even after an extension of validity, the Service Providers are fully liable for all resulting damage and claims of the Participants; this applies in particular in cases of lack of availability despite confirmed acceptance pursuant to Point 32 (Acceptance of vouchers) and/or confirmation pursuant to Point 38 (Confirming vouchers), subject to the exclusions of liability pursuant to Point 40 (in particular force majeure pursuant to Point 106).
In the event of non-performance, defective performance or partial performance of services by the Service Providers, the Operator assumes no function and no liability whatsoever. The Service Providers fully indemnify and hold the Operator harmless from all claims of Participants, including all necessary legal costs.
Participants must assert all claims, including claims for damages, exclusively against the Service Providers. Judicial and extrajudicial disputes are conducted exclusively between the Service Providers and the Participants.
Otherwise, the provisions in Point 40 (Non-performance of services and exclusion of liability) apply.
For the Participants, the GTC and cancellation conditions of the Service Providers apply. Any deviations from this require an express agreement between Service Provider and Participant which is clearly indicated in the offer description; the Operator is not a contracting party.
The Operator purchases vouchers for stays directly from the Service Providers as part of marketing activities. Vouchers purchased by the Operator are sold or raffled by the Operator on the Platform.
Payment of the vouchers by the Operator and activation of the Providers’ user accounts are conditional upon the prior publication of earmarked sales offers by the Service Providers on the Platform.
In order to offer vouchers for sale to the Operator, Providers must complete a free registration for a VOUCHER tariff.
No payment by the Providers is required for any of the available VOUCHER tariffs. A precondition for the free use of the Platform is the creation and publication of earmarked sales offers by the Service Providers in accordance with Point 49 (Earmarked Offers).
Where vouchers are purchased by the Operator, the free usage period of the VOUCHER tariff depends on the value of the voucher purchased by the Operator. The allocation is shown transparently in the registration process.
If no purchase is made, Point 51 applies; the Providers receive a one-time free usage of the BASIC 06 tariff for six months.
The Operator is not a Service Provider. The Operator acquires vouchers from the Providers and sells or raffles them to the Participants. The stay services underlying the vouchers are provided exclusively by the Service Providers.
The Operator does not offer linked travel arrangements or package travel and does not become a tour operator within the meaning of the Package Travel Directive or the Package Travel Act (PRG). Even when accepting payments for stays provided in the form of vouchers, no tour operator obligations arise for the Operator; Service Providers remain exclusively the Providers or accommodation businesses named in the offer.
Service Providers are exclusively those Providers from whom the Operator has purchased the vouchers for consideration, as well as the accommodation businesses specified in the respective sales offers. The Operator does not act vis-à-vis the Participants as a tour operator or Service Provider, but exclusively as the purchaser and intermediary of the vouchers. The performance of the services evidenced by the vouchers is the sole responsibility of the respective Service Providers.
The Service Providers are the direct contact partners for the Participants in all matters relating to the offered stays. Communication between Service Providers and Participants may take place via the Platform. The Operator assumes no role or liability in connection with the provision of services.
The value of the vouchers to be provided is specified by the Operator and cannot be changed by the Service Providers. The total value of the stays covered by the vouchers, including all services or amenities included in the vouchers, must be at least equal to the value stated in the vouchers.
The permissible performance period of the vouchers is predefined by the Operator and depends on the value of the purchased vouchers. The performance period is visible when creating the vouchers.
Earmarked sales offers are sales offers for stays which are to be published by the Service Providers in the context of the purchase of vouchers. The provision of earmarked sales offers is an essential component of the cooperation and a precondition for the purchase of vouchers by the Operator.
The number of earmarked sales offers to be published depends on the value of the voucher to be purchased. The Service Providers are obliged to publish the earmarked sales offers within 72 hours after acceptance of the voucher in accordance with Point 53 (Acceptance of Vouchers).
The Providers must submit three vouchers in different price categories to the Operator via the form provided on the Platform within 72 hours after successful registration.
Failure to comply with this deadline will result in the immediate deletion of the Providers’ user accounts. Re-registration for a paid tariff remains possible.
If vouchers are offered for sale to the Operator, the Operator will review them within 72 hours for attractiveness, appropriateness of price and compliance with the provisions of these GTC. The Operator will inform the Providers in text form whether and which of the three offered vouchers is accepted for purchase and at what price.
If no purchase is made, the Providers receive a one-time free usage of the Platform under the BASIC 06 tariff for a period of six months. The free access ends automatically after six months without notice. Registration for a paid tariff is possible at any time.
If, at any time, the Operator determines that purchased vouchers do not correspond to the agreed value, the Operator is entitled to suspend the user accounts of the Service Providers with immediate effect until the matter has been finally clarified. The vouchers concerned will also be blocked and will remain inactive until clarification.
If the clarification shows that the vouchers do not correspond to the agreed value, the vouchers concerned will be revoked and will immediately lapse. The Operator is entitled to reclaim the purchase price paid from the Service Providers. Re-registration of the affected Service Providers is excluded.
If the Operator accepts a voucher offered for sale by the Service Providers or if the Service Providers accept the price proposed by the Operator for a voucher offered for sale by the Service Providers, the Service Providers are immediately entitled to create the required earmarked sales offers. At this point in time, the user accounts of the Service Providers are not yet publicly accessible.
The user accounts of the Service Providers are activated immediately after the earmarked sales offers have been published by the Service Providers.
The prices stated in the sales offer are final prices and include all applicable taxes and charges. Services not included in the scope of performance that can be booked additionally on site (e.g. parking, spa, pets, minibar, baby cots, late check-out) are billed by the respective Service Provider according to its prices.
In certain municipalities, a local or visitor tax (resort tax/bed tax) is levied, which must be paid by the Participants directly on site; the amount is determined by local regulations. The information in the stay description and in the booking confirmation is decisive.
After publication of all required earmarked sales offers, the Operator will immediately send the Service Providers an e-mail with the credit note for the agreed value of the voucher as a PDF attachment. The Service Providers are obliged to verify the credit note for factual and arithmetic correctness within 72 hours of receipt and to confirm it by returning the e-mail with the PDF attachment to the Operator.
By returning the e-mail, the Service Providers confirm acceptance of the purchase contract under the agreed conditions as well as acknowledgement of and express consent to the liability provisions under Point 64 (Non-Performance of Services and Exclusion of Liability).
By confirming, the Service Providers guarantee the availability of the stay services specified in the voucher in accordance with their published redemption conditions (in particular blackout dates, advance booking periods, allotments, room category) and ensure that the vouchers can be redeemed.
If no confirmation is provided in due time by returning the e-mail, the purchase of the voucher is deemed not to have taken place. The user account will be immediately blocked and the earmarked sales offers will be deactivated. Re-registration for a VOUCHER tariff is excluded.
Settlement is made by way of a credit note in accordance with § 11 para. 8 UStG (Austrian VAT Act). After timely confirmation of the credit note in accordance with Point 56 (Confirmation of the Credit Note by Service Providers), the purchase of the vouchers under the conditions agreed with the Operator is deemed legally binding. The Operator will transfer the purchase price within five banking days after receipt of the confirmed credit note to the bank account of the Service Providers on file.
The tax treatment of the credit notes is governed by the statutory provisions applicable to accommodation services. The credit notes are structured in compliance with the respective applicable national and European tax regulations. The credit notes are issued in euros and meet all statutory requirements of the Operator’s country of domicile. In the event of incorrect or incomplete information provided by the Service Providers, the Operator is entitled to withhold payments until full and correct data has been provided.
The Service Providers expressly agree that settlement shall be made exclusively by the Operator by way of credit notes. The credit notes issued by the Operator replace invoices from the Service Providers and meet all statutory requirements. No separate invoices will be issued by the Service Providers.
Upon payment of the purchase price, all rights to the vouchers pass to the Operator. The obligations arising from the vouchers, in particular the provision of the agreed services to the Participants, remain exclusively with the Service Providers. The Operator assumes no role or liability.
The Operator is entitled, at its own discretion, to publish purchased vouchers on the Platform, to sell them or to raffle them for marketing purposes. The regular sales price of the vouchers is based on the agreed purchase price.
Upon payment of the voucher by the Operator, the Service Providers grant the Operator their irrevocable consent to the publication of the vouchers on the Platform, to their resale to Participants and to their being raffled for marketing purposes.
If Participants purchase stays offered by the Operator in the form of vouchers, payment is made exclusively by the Participants to the Operator. The purchase price falls due upon submission of the purchase commitment and must be paid in euros using the payment methods provided on the Platform. Payments to the Service Providers are excluded.
Statutory or local charges collected on site by the Service Providers remain unaffected; with regard to prices, additional costs and charges, Point 55 (Additional Services) applies.
After successful payment, the voucher is delivered; further processing is governed by Point 60 (Redemption of Vouchers).
Before submitting their purchase commitment, Participants select a fixed stay date within the specified booking period; purchase without a fixed date is excluded. The fixed date is displayed to the Participants before they submit their purchase commitment. Contracts for stays come into existence exclusively for confirmed fixed stay dates.
No right of withdrawal exists (§ 18 para. 1 no. 10 FAGG; see Point 63).
After successful payment, the Operator sends the voucher in electronic form as a PDF to the e-mail address stored in the Participants’ user account. The voucher contains the booking code, the validity period as well as information on the scope of services and redemption. Delivery takes place exclusively electronically. The Participants are obliged to provide a correct and accessible e-mail address; once the electronic voucher has been received, it is deemed delivered.
The Operator informs the respective Service Providers of the voucher sale and transmits the Participant data required for this purpose solely for the purpose of contract fulfilment. Acceptance of payment by the Operator does not give rise to the role of tour operator. The Service Providers remain the Providers named in the sales offer.
Redemption takes place for the fixed stay date selected at the time of purchase via the Platform. Changes of date require the express consent of the Service Providers and do not give rise to a right of withdrawal.
The Service Providers are obliged to send the Participants a booking confirmation in text form (in particular by e-mail) without delay after conclusion of the contract. The booking confirmation must contain at least the booking reference, the names of the Participants, the accommodation or service, the booked period, the scope of services, the price components and the applicable cancellation and payment terms.
Contracts for stays come into existence exclusively for confirmed fixed stay dates. Once the data have been transmitted, the role of the Operator is complete. Confirmation, rebooking, cancellation and complaints are handled exclusively between the Service Providers and the Participants. The GTC and cancellation terms of the Service Providers apply. Deviations from these require an express agreement between Service Provider and Participant that is clearly indicated in the offer description; the Operator is not a party to the contract.
Participants must keep voucher data safe and inform the Operator without delay in the event of loss, theft or risk of misuse so that the voucher can be blocked. Redemptions made before a block takes effect are at the Participants’ expense.
Unless expressly stated otherwise in the offer, vouchers cannot be combined with other discounts, promotions or direct booker benefits.
If, despite confirmation of the booking, availability is lacking (e.g. due to overbooking or outdated allotments), this constitutes non-performance within the meaning of Point 64 (Non-Performance of Services and Exclusion of Liability), unless an applicable exclusion of liability applies (in particular force majeure under Point 106).
Purchased vouchers are valid until the end of the booking period specified in the sales offer. If vouchers remain unsold within this period, their validity is automatically extended by a further six months. The value of the vouchers is reduced to 75 % of the original value. The Service Providers are informed of this without delay by the Operator.
The Service Providers must create new vouchers with the reduced voucher value via the Platform within 72 hours of receipt of the notification. By creating these vouchers, the Operator voluntarily grants the Service Providers a further six months of free access to the Platform under the current tariff, without this giving rise to any legal claim for the future.
If vouchers remain unsold during the extended validity period, they lapse without replacement. No costs arise for the Service Providers as a result.
If Participants are unable to commence their stays because the Service Providers do not provide the stay on the scheduled travel date, the Service Providers are fully liable to the Participants for all resulting damages. This applies regardless of the reason for non-provision, unless the non-provision is due to force majeure pursuant to Point 106 (Force Majeure).
The user account of the Service Providers will be deactivated without delay but not deleted, for documentation purposes. If the matter is clarified in favour of the Service Providers, reactivation will take place. If the matter cannot be clarified or if performance is refused, the Service Providers will be permanently blocked.
The purchase price for the vouchers already paid by the Operator must be fully reimbursed by the Service Providers within 14 calendar days of receipt of the invoice. The Operator will issue an invoice for this purpose.
With regard to liability and damages claims of the Participants, Point 64 (Non-Performance of Services and Exclusion of Liability) applies. These provisions apply equally to sold and raffled vouchers.
Vouchers are sold or raffled exclusively for a specifically determined fixed stay date or period; purchase without a fixed date is excluded. No right of withdrawal exists in accordance with § 18 para. 1 no. 10 FAGG.
The further processing is governed by Point 60 (Redemption of Vouchers). In all other respects, Point 13 (Right of Withdrawal for Direct Bookings) applies mutatis mutandis.
If the vouchers cannot be redeemed by the Participants with the Service Providers or if the Participants are unable to make use of their stays in accordance with Point 61 (Validity of Vouchers) even after an extension of the validity period, the Service Providers are solely liable in full for all resulting damages and claims of the Participants.
This applies in particular in cases of lack of availability despite a confirmed credit note confirmation pursuant to Point 56 (Confirmation of the Credit Note by Service Providers) and/or confirmed booking pursuant to Point 60 (Redemption of Vouchers), for example due to overbooking, failure to maintain allotments or deviations from the published redemption conditions, unless an applicable exclusion of liability applies (in particular force majeure under Point 106).
In the event of non-performance, defective performance or partial performance of services by the Service Providers, the Operator assumes no role or liability whatsoever. The Service Providers fully indemnify and hold the Operator harmless from all claims of the Participants, including all necessary legal costs.
The Participants must assert all claims, including claims for damages, exclusively against the Service Providers. Judicial and extrajudicial disputes are conducted exclusively between the Service Providers and the Participants.
The GTC and cancellation terms of the Service Providers apply to the Participants. Deviations from these require an express agreement between Service Provider and Participant that is clearly indicated in the offer description; the Operator is not a party to the contract.
The Operator is, subject to deactivation in accordance with these GTC, entitled to place advertising by third-party providers in the Providers’ sales offers.
The “Holiday Bonus” is the amount by which the regular sales price of a stay within a sales offer is reduced as a result of the integration of advertising by third parties.
If a stay is booked at a price reduced by the Holiday Bonus, the Participants pay only the reduced price; the difference to the regular sales price of the stay is borne by the provider of the Holiday Bonus. No costs arise for the Providers as a result.
The Operator selects sales offers in which advertising by third-party providers and a Holiday Bonus are to be displayed. The selection takes place at the Operator’s discretion, in particular on the basis of the quality and attractiveness of the offer, booking probability and available booking periods. There is no entitlement to the placement of advertising. Separate advertising cooperations exist between the Operator and the third-party providers.
The Providers are informed without delay by e-mail or via the Platform about their sales offers in which a Holiday Bonus is available.
Once the Holiday Bonus has been redeemed in connection with a booking, the Holiday Bonus assigned to that sales offer is deemed to have been used. The corresponding advertising will no longer be placed in the same sales offer. No further claims to a Holiday Bonus arise in connection with that sales offer after redemption.
In order to make use of the Holiday Bonus, Participants must actively activate it in the sales offer in which the advertising of a third-party provider is placed. Activation is possible in particular in connection with the submission of price proposals, price enquiries or when using the BOOK NOW option.
After successful activation, the regular sales price shown in the sales offer is automatically reduced by the amount of the Holiday Bonus. The reduced sales price applies to the respective transaction (price proposal, price enquiry or BOOK NOW) and is displayed transparently in the sales offer before the binding purchase commitment is submitted.
The Providers do not incur any costs as a result of the Holiday Bonus deducted from the regular sales price. The difference between the regular sales price and the reduced sales price is borne by the provider of the Holiday Bonus in accordance with the underlying advertising cooperation. The Providers receive the sales revenue as if the stay had been sold at the regular sales price; the amount of the Holiday Bonus is fully compensated to them.
The claim to reimbursement of the Holiday Bonus arises when a stay booked at a price reduced by the Holiday Bonus has been duly performed or, in the case of non-refundable stays, when a binding, non-refundable booking has been concluded. For verification purposes, the Provider shall make available to the Operator all documents required for settlement, in particular booking and stay confirmations, upon request. The Operator is entitled to store copies of the booking confirmations for documentation purposes.
The Operator issues a credit note to the Providers in the amount of the Holiday Bonus used. The credit note is sent to the Providers by e-mail and serves as a basis for payment of the Holiday Bonus. Further details result from the respective advertising cooperation; the Providers incur no additional costs.
The Providers have the right to deactivate the placement of advertising and the associated Holiday Bonus for future bookings at any time by adjusting the corresponding settings in their user profile.
Providers can deactivate the placement of advertising either for individual sales offers or globally for all stays of the Provider. From the time of deactivation, no further advertising will be placed in the affected sales offers and no Holiday Bonus will be available for those offers.
MEGABIDDS are an optional advertising format with stepwise price reductions for selected dates or booking-weak periods. MEGABIDDS are intended to increase visibility and booking probability for specific stays with limited availability.
The reach and booking probability of the promoted stay are increased in particular by viral distribution via Facebook shares; with each valid share, the sales price is reduced by a percentage determined by the Provider within the framework of these GTC.
Registered Participants receive a notification by e-mail when a MEGABIDDS offer is published, provided they have consented to receiving such notifications. This increases the visibility of the promoted offer.
Providers are entitled to activate the MEGABIDDS option when creating sales offers and, subject to technical availability, also for already published stays. Activation takes place via the corresponding function in the Provider area of the Platform. There is no entitlement to the availability of MEGABIDDS for all sales offers.
The minimum price reduction for stays promoted with MEGABIDDS is preset at 2 % of the regular sales price per valid share on Facebook. The reduction can be increased independently by the Providers; a reduction below the minimum is not permitted.
After each valid share of the sales offer on Facebook by Participants, the regular sales price of the stay is automatically reduced by the amount or percentage defined by the Provider, but at least by the minimum price reduction pursuant to Point 72. The total number of possible reductions per sales offer may be limited by the Operator.
The price reduction takes place automatically and applies until the minimum price stored for the MEGABIDDS campaign has been reached. The current reduced sales price and the original regular sales price are clearly displayed in the sales offer.
The maximum term of a MEGABIDDS campaign is limited and is displayed in the respective sales offer. During the term, only one MEGABIDDS campaign may be active per sales offer; parallel campaigns for the same stay for which MEGABIDDS has been activated are excluded.
If a booking for the promoted stay is made within the term of the MEGABIDDS campaign, the campaign ends immediately upon conclusion of the booking. Further price reductions for this sales offer within the framework of the campaign are excluded.
Bookings during MEGABIDDS campaigns are made exclusively via the BOOK NOW option at the currently valid reduced sales price. Price proposals and price enquiries by Participants are excluded during active MEGABIDDS campaigns for the respective sales offer.
The number of MEGABIDDS campaigns that may be activated at the same time lies within the discretion of the Providers and is not limited, provided that only one MEGABIDDS campaign is active per individual sales offer at any one time.
Providers are entitled to stipulate whether BIDDCOINS may be used for stays that are promoted with MEGABIDDS. If BIDDCOINS are accepted, they are redeemed against the respective currently valid reduced sales price.
No separate fees are charged by the Operator for the use of MEGABIDDS campaigns. Any discounts granted via MEGABIDDS as well as costs arising from the Participants’ use of payment methods or advertising measures of the Providers are borne exclusively by the Providers.
All provisions of these GTC apply to MEGABIDDS campaigns, unless otherwise stipulated in this section. In the event of contradictions, the provisions of this section prevail.
BIDDCOINS are bonus points granted to registered Participants for certain activities on the Platform, in particular for sharing sales offers on social media, submitting qualified price proposals and booking stays.
No separate registration is required on the part of the Participants to receive BIDDCOINS. BIDDCOINS are credited automatically on the basis of the actions performed, according to the rules set by the Operator and displayed on the Platform.
Acceptance of BIDDCOINS is optional for the Providers and requires explicit activation for the respective sales offer. If BIDDCOINS are accepted, this is indicated in the relevant sales offer, together with the maximum number of BIDDCOINS that can be redeemed.
If Providers accept BIDDCOINS, these can be redeemed by Participants as part of the booking process for stays, up to the maximum number shown in the sales offer. The maximum number of BIDDCOINS that can be redeemed per booking is currently 60,000, corresponding to a counter-value of EUR 600.00.
If Participants do not have the maximum number of BIDDCOINS available, only the actually available BIDDCOINS can be redeemed. Partial redemptions are possible; the remaining purchase price must be paid via the payment methods available on the Platform.
The decision on the redemption of BIDDCOINS lies solely with the Participants and is made during the booking process. The Providers are obliged to accept BIDDCOINS once they have activated acceptance and insofar as redemption is technically possible and reasonable in accordance with these GTC.
BIDDCOINS are not transferable.
Cash payment of BIDDCOINS is excluded.
If BIDDCOINS are not redeemed within twelve months of their receipt at the latest, they expire without replacement.
The order in search and list views is based on various parameters, in particular relevance to the search criteria, price, availability, quality of presentation, booking performance of the sales offers, Participant feedback and the technical availability of the Platform.
The weighting of the main parameters may vary depending on the offer category and the search behaviour of the Participants. Details on the ranking logic are available in the information section of the Platform. There is no entitlement to a particular placement.
Paid placements and content in connection with the Holiday Bonus can influence the visibility of sales offers. Such content is clearly labelled and may be highlighted in search and list views; there is no entitlement to specific positions.
For the order in search and list views, the general ranking criteria pursuant to Point 85 apply. Paid placements and Holiday Bonus content have an additional effect and are represented transparently.
Own sales offers of the Operator or sales offers of undertakings affiliated with the Operator are subject to the same ranking and usage conditions as the sales offers of other Providers. Unjustified advantages are not granted.
Providers have access to the data required for the processing of their sales offers and bookings via the Provider area of the Platform, in particular to booking data, statistics and evaluations, insofar as this is technically available and in compliance with data protection regulations.
In all other respects, the rights of use regulated in Point 02 apply to the content provided by the Providers. The Operator is entitled to process anonymised and aggregated data for statistical purposes, Platform optimisation and fraud prevention.
Material changes to platform functions that may significantly affect the presentation or ranking of Providers’ sales offers will be notified to the Providers in good time in advance, taking into account the nature of the change and the interests of the Providers, unless an immediate implementation is required for legal, security-related or operational reasons.
Before delisting or downranking, the Operator informs the affected Providers of the reasons, unless this is inadmissible for legal reasons or immediate action is required for legal or security-relevant reasons.
In the event of measures against Providers or individual sales offers (in particular suspension, restriction, delisting or downranking), the Operator provides the affected Providers with a statement of reasons in text form, indicating the factual and legal grounds and the available means of redress, including the internal complaint-handling system.
Providers may challenge decisions of the Operator via the internal complaint-handling system. Complaints must be submitted in text form and contain at least the affected sales offer, a description of the facts and the requested remedy.
The Operator confirms receipt, examines the complaint and decides on it within a reasonable period. The procedure is free of charge for Providers. Statutory rights of the Providers remain unaffected.
For amicable dispute resolution, the Operator designates one or more mediation bodies with which it is prepared to cooperate. Providers and the Operator may submit disputes concerning the interpretation or application of these GTC to such mediation by mutual agreement. The right to take legal action remains unaffected.
The Operator maintains an easily accessible reporting point for notifications of illegal content.
Notifications should contain the location of the content on the Platform, a description of the alleged infringement and, where possible, supporting information. If measures are taken, the Operator informs the affected Providers of the essential reasons.
Obviously unfounded or abusive notifications may be rejected.
If the Operator removes or suspends content or accounts, this is based on legal requirements, these GTC or the community guidelines. The Operator informs the affected Providers of the measure taken and the reasons therefor and publishes the information required by the Digital Services Act in the information system provided for this purpose.
Providers may request reinstatement if they consider the measure unjustified. Requests for reinstatement are examined by the Operator and decided upon within a reasonable period.
Advertising content and recommendations are recognisable as such. The person on whose behalf the advertising is displayed and the main criteria for the selection of the displayed advertising are disclosed, insofar as this is required under the Digital Services Act. Paid placements and Holiday Bonus content in connection with advertising are clearly labelled as advertising.
The Operator and the Providers act as independent controllers when processing personal data of Participants and Providers, insofar as each party processes data for its own purposes and on its own responsibility. Joint controllership may arise in individual cases if they jointly determine purposes and means of processing; in such cases, a separate agreement will be concluded.
Insofar as the Operator is expressly commissioned in individual cases as a processor within the meaning of Art. 28 GDPR, processing is carried out exclusively on the documented instructions of the Provider and to the agreed extent.
The Operator processes personal data of Providers and contact persons for the purpose of contract initiation and execution, billing and communication on the legal basis of Art. 6 para. 1 lit. b and lit. f GDPR in conjunction with the provisions of the General Data Protection Regulation and the Austrian Data Protection Act.
Personal data of Participants are processed exclusively for the provision of the Platform and the forwarding of booking data to the Providers, insofar as this is necessary for contract execution; no further use or disclosure takes place.
Further information on data processing can be found in the Operator’s Privacy Policy at hobidd.com/de/datenschutz.
There is a business-to-business relationship between the Operator and the Providers. The EU Online Dispute Resolution platform (ODR) and statutory consumer arbitration procedures do not directly apply. The Operator is neither obliged nor willing to participate in consumer arbitration proceedings with Providers. Statutory rights of the parties remain unaffected.
If there are indications that Providers or Service Providers are violating these GTC, legal provisions or third-party rights, or if there is justified suspicion of misuse of the Platform, the Operator is entitled to block the affected user accounts and content of the Providers or Service Providers in whole or in part at any time, temporarily or permanently.
The Operator is not responsible for the legality, correctness and completeness of the content posted by the Providers or for the services actually provided by the Service Providers and assumes no warranty or liability for this.
No guarantee is given for the availability of the Platform. The Operator reserves the right to restrict, change or temporarily or permanently discontinue operation at any time without prior notice.
The Operator is not liable for damage caused by interruptions, failures or malfunctions of the technical systems, data transmission or telecommunications networks, unless caused by intent or gross negligence on the part of the Operator. This includes, in particular, loss of data, delays, transmission errors, incorrect content or loss or deletion of data.
The Platform is provided in its current state. The Operator does not warrant uninterrupted availability, error-free operation or full functionality of the Platform.
Warranty claims of the Providers are excluded to the extent permitted by law.
The Operator is entitled to adapt the functions, features and design of the Platform at any time. Changes which significantly affect the contractual position of the Providers will be communicated to them in good time.
In the event of slight negligence, the Operator is liable only for personal injury. Liability for property damage and financial loss due to slight negligence is excluded, unless mandatory provisions of the Product Liability Act or other compulsory statutory liability provisions provide otherwise.
The Operator makes the Platform available to the Providers for use and offers support services at its own discretion, in particular in the form of FAQs, help pages and e-mail support. There is no legal entitlement to support services on the part of the Providers.
Providers and Service Providers indemnify and hold the Operator harmless from all claims asserted by Participants or other third parties against the Operator due to unlawful sales offers, breaches of these GTC, non-performance, defective performance or partial performance of services, including the costs of appropriate legal defence. This does not apply if the Provider or Service Provider is not responsible for the breach of duty.
The Operator is entitled to amend these GTC at any time. Amendments will be notified to the Providers in text form, stating the date of entry into force. If the Providers do not object in text form within six weeks of receipt of the notification, the amendments shall be deemed accepted.
The Operator will point out the significance of the six-week period and the right of objection in the amendment notification. If the Providers object in due time, the previous GTC shall continue to apply; the Operator is then entitled to terminate the contractual relationship with the Providers with immediate effect.
The Providers are not entitled to set off claims of the Operator against their own claims, unless their counterclaims have been legally established or recognised by the Operator. The assertion of a right of retention by the Providers is excluded, unless it is based on the same contractual relationship.
The rights and obligations under this contractual relationship may not be assigned or transferred by the Providers to third parties, in whole or in part, without the prior consent of the Operator in text form.
The Operator is entitled to assign or transfer its rights and obligations under this contractual relationship in whole or in part to affiliated undertakings within the meaning of company law. The Providers will be informed thereof without delay in text form.
All declarations between the Operator and the Providers in connection with this contractual relationship may be made in text form, in particular by e-mail or via the Platform. Declarations sent by e-mail shall be deemed received on the day of dispatch to the e-mail address last notified by the Provider, unless the earlier receipt is proven.
The Providers are obliged to keep their e-mail address up to date and to check it regularly.
The Operator and the Providers are released from the performance of their contractual obligations for the duration and to the extent of the effects of events of force majeure. Force majeure includes in particular natural disasters, war, unrest, strikes, lawful lockouts, pandemics, official orders, power failures, failures of telecommunications connections or other extraordinary circumstances.
The party affected shall inform the other party without delay of the occurrence and the expected duration of the event of force majeure and shall use reasonable efforts to limit its effects and to resume performance of the contractual obligations as soon as possible after the event of force majeure has ended.
All declarations and notifications under these GTC require at least text form, unless a stricter form is expressly prescribed by law or by these GTC. Text form is also met by e-mail or communication via the Platform.
No right of withdrawal exists for the Providers as commercial contracting parties.
The Platform is offered in several languages. All information and content may be translated, in whole or in part, automatically by machine translators such as DeepL.
The Operator assumes no warranty for the correctness and completeness of translated versions. In the event of contradictions or inconsistencies between language versions, the German version shall prevail exclusively.
The limitation period for claims arising from this contractual relationship is three years from knowledge of the damage and the damaging party, unless mandatory statutory limitation periods provide otherwise. For claims based on intent or personal injury, the statutory limitation periods apply.
For all disputes arising from these GTC and the contractual relationship between the Operator and the Providers, the competent court at the registered office of the Operator shall have exclusive jurisdiction. Austrian substantive law shall apply, to the exclusion of the conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. The language of the court shall be German. The contractual language is German.
These GTC conclusively regulate the legal relationship between the Operator and the Providers. There are no oral collateral agreements. Amendments and supplements require at least text form, unless a stricter form is expressly prescribed.
Should individual provisions of these GTC be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
In place of the invalid or unenforceable provision, or to fill a gap, a provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid provision.