Locaboo ist ein Dienstleistungsangebot der Locaboo GmbH, Balanstr. 73 | Haus 12, 81541 München (im Folgenden: Locaboo).
Locaboo offers service providers from a wide range of industries (hereinafter: clients) the opportunity to manage rooms & resources via the internet and make them bookable.
A contractual relationship between Locaboo and the client's customers is not established. Within the contractual relationship of the supplier to its customers Locaboo is neither involved as a partner or as a representative of a party, nor as an intermediary.
Online-Software zur Buchungs- und Belegungsplanung mit unterschiedlichen Leistungspaketen.
Locaboo will announce maintenance work - as far as possible - in advance by email. During the maintenance work Locaboo is not available to the client and/or users.
A telephone on-call service or email support for fault reports is provided by Locaboo on working days during normal business hours.
The procurement and provision of hardware and software including browsers for entering and cancelling information and data (customer terminal).
The provision and maintenance of telecommunications interconnection lines between the Client's terminal and the Contractor's access facilities for Locaboo.
The content design, review, modification or updating of data and information entered online by customers;
The creation of the client's websites on the Internet, their storage on servers and their availability for retrieval by Internet users;
E- mail correspondence of the client with interested parties and/or customers.
The prerequisites for 1-4 are to be created by the client himself at his own expense and risk.
The client is obliged to provide all occupancy data and other contractual data required for the conclusion with its customers, such as its company logo, address, contact person, graphic representations, etc., itself.
The client guarantees that the provisions of this contract and the legal provisions applicable to business transactions on the Internet with Locaboo users are observed in the design of his booking offer via his web presence.
For this purpose, the client's attention is drawn to the following:
The client's web presence must contain an unmistakable reference to the client's terms and conditions.
In these Terms and Conditions it must be made unequivocally clear that transactions relating to the services offered by the Client are concluded exclusively between the Client and its respective customer, but not with Locaboo.
The Client shall include in its web presence an imprint in accordance with § 5 TMG and a data protection statement in accordance with the required information.
This concerns in particular the name or the company name of the principal, its authorised representatives and its legal form, details of the register in which the principal is entered with the register number as well as address details for rapid electronic contact and details of the VAT identification number in accordance with § 27 a of the VAT Act or the business identification number in accordance with § 139 c of the Fiscal Code.
In relation to end consumers, the Client shall ensure that the provisions of the Distance Selling Act are observed.
The remuneration of Locaboo shall become due for payment after invoicing by Locaboo within a period of 10 days from the date of invoice.
When booking an additional module (add-ons) or an additional quota (quoatas), the costs for this additional booking will be calculated pro rata from the time of booking until the end of the contract.
If the client is in default of payment for a period of more than 2 weeks or if the client is in default with an amount of more than half of the respective amount due despite a written reminder, Locaboo is entitled to terminate this contract without notice.
Claims for damages remain reserved.
Locaboo is entitled to advertise Locaboo online or in other media.
Advertising activities for Locaboo in which the Client is named or in which the Client's web presence is reproduced in whole or in part shall only be carried out by Locaboo in consultation with the Client; the Client shall not unreasonably withhold its consent to such advertising measures.
The client is entitled to advertise his participation in Locaboo in media of his choice during the term of the contract.
This includes the right of the Client to use for this purpose the name "Locaboo" as well as any advertising material and/or materials made available by Locaboo for advertising purposes.
The Client shall only be entitled to further rights of use, in particular to brand names of Locaboo and/or with regard to the design of Locaboo (in whole or in part) with the prior written consent of Locaboo.
We collect and process personal data of the customer exclusively in accordance with the legal provisions of the Federal Data Protection Act (BDSG) and the EU Data Protection Regulation (DSGVO). We process and use the data collected from the customer in the context of his use of Locaboo for the establishment, implementation and termination of the contractual relationship. We only pass on the customer's personal data to third parties if and insofar as this is necessary for the performance of the contract. The legal basis for data processing is Art. 6 para. 1 lit. b DSGVO. Your personal data will be deleted if this does not conflict with statutory retention periods. To assert your rights to information, correction, deletion, restriction or objection, please contact us at firstname.lastname@example.org.
Our supplementary terms and conditions for the processing of data on order are part of the General Terms and Conditions and are deemed to be accepted when the GTC are accepted.
When entering and retrieving data and information via Locaboo, the client undertakes to comply with statutory and official regulations, in particular data protection law, criminal law, copyright and/or trademark law and/or other regulations on the protection of industrial property rights, and not to infringe the rights of third parties.
Locaboo shall, within the scope of what is legally permissible, inform the client without delay if third parties or authorities assert or become aware of indications that a violation of statutory and/or official regulations or an infringement of third party rights attributable to the client pursuant to the preceding paragraph has occurred.
If the infringement of rights for which Locaboo is responsible is based on the fact that data, designs and/or other information made accessible to Locaboo in the online tool by the Client or at the instigation of the Client infringe copyrights, trademark rights and/or other industrial property rights of third parties, the Contractor may demand from the Client that the latter assume any amounts of damages and costs of reasonable legal defence, insofar as the Contractor is not guilty of contributory negligence.
If there is sufficient suspicion that there has been a breach of clause 10, paragraph 1, Locaboo shall be entitled, until proof of the lawfulness of the use by the client, to cancel the linking of the client's web presence with Locaboo and to remove the client's content integrated in Locaboo.
The client shall be informed of this without delay within the scope of the statutory permissible provisions.
Locaboo shall be liable, irrespective of the legal grounds, only in accordance with the following provisions of this contract:
Insofar as nothing to the contrary is provided for in Clause 11, Paragraph 4 below, any liability on the part of Locaboo for damages - without regard to the legal nature of the claim asserted - shall be excluded even after expiry of any time limit set for performance.
Subject to clause 11 paragraph 4 below, Locaboo shall in particular not be liable for the information retrievable and entered via access facilities - neither for its correctness, completeness or up-to-dateness, nor for its legality or unencumberedness by third party rights - for damage to the client's legal assets, as well as for lost profit, missed savings, damage from third party claims and other indirect and consequential damage.
The above limitations of liability do not apply to bodily injury, damage to health and life, or personal injury and property damage under the Product Liability Act and to damage for which Locaboo is responsible by intent or gross negligence. They also do not apply in the event of fraudulent concealment of a defect or the assumption of a guarantee of quality and/or for damages which have arisen as a result of a slightly negligent breach of essential contractual obligations.
In these cases, the following applies:
Locaboo is liable for injury to life, body or health and/or for personal injury and/or damage to property under the Product Liability Act in each case in accordance with the statutory provisions.
Locaboo is further liable in accordance with the statutory provisions for its own intentional or even grossly negligent conduct and for corresponding conduct of its vicarious agents.
In the event of fraudulent concealment of a defect or the assumption of a guarantee of quality and/or for damage caused as a result of a slightly negligent breach of material contractual obligations, Locaboo shall be liable in accordance with the statutory provisions, but in the latter case only to the extent of the typically foreseeable damage.
This contract has a term of 12 months from the conclusion of the contract.
If an additional module (add-on) or an additional quota is booked, these become part of the contract.
It shall be extended by 12 further months in each case if it is not terminated in writing by one of the contracting parties with a notice period of 1 month before the expiry of the originally agreed term or the respective extension period.
The right of the contractual partners to terminate for good cause remains unaffected. An important reason for Locaboo exists in particular if:
insolvency proceedings are opened against the assets of the Client or the opening is rejected for lack of assets;
The client violates the usage regulations pursuant to clause 9 and/or the obligation to comply with regulations pursuant to clause 10 and does not cease or remedy the violation by written request of Locaboo within 2 weeks from receipt of this request.
The client's rights of use for Locaboo end with the termination of this contract.
The Client shall only be entitled to a right of set-off and/or a right of retention if its counterclaims have been legally established or are undisputed or have been acknowledged by Locaboo.
Additions or amendments to this contract must be made in writing.
Should parts of the contract and these contractual provisions be invalid in whole or in part, this shall not result in the invalidity of the rest of the contract. The parties are obliged to find a valid provision in place of the invalid provision that best corresponds to the meaning of the invalid provision.