1. Scope of application
These terms and conditions apply to all contracts between Visitor and a customer for the provision of Visitor as a software-as-a-service provider, including free trial access.
2. Scope of services and delivery
2.1 The type, content and scope of the services provided by Visitor are specified in the contract.
2.2. Visitor shall make the software available via the Internet.
2.3. Statements by employees of the contractor or third parties as well as advertising shall in case of doubt only constitute a description of services if the contractor has confirmed this in writing.
2.4. Visitor is entitled to change and adapt the content of its services, including the software provided, in the context of user-related, technical or content-related further developments, provided that the agreed functionalities of the software are not significantly restricted as a result.
2.5. Visitor is entitled to access the user accounts and make changes within the scope of support.
3. Terms of payment
3.1 Unless otherwise contractually agreed, the customer shall pay the amounts shown in the invoice
to the account specified in the invoice within 14 working days after receipt of the invoice.
3.2. If the customer is in default of payment, Visitor may, in addition to asserting the statutory default rights, block the services.
4. Obligations of the customer to cooperate
The customer is obliged to cooperate reasonably in the provision of the contractual service.
5.1 Visitor guarantees a minimum annual availability of the Service of 98%. However, this does not imply a corresponding guarantee.
5.2. Extraordinary maintenance work may also be subject to availability.
5.3. The prerequisite for claims by the customer in the event of a disruption to availability is always that the customer is notified of the disruptions to Visitor without delay and - as far as possible - that they are documented so that Visitor can check the cause of the respective disruption.
5.4 Visitor is not liable for disruptions of availability due to force majeure.
5.5. Visitor is not liable for disruptions to availability caused by the customer, the access provider, the telecommunications service provider or the customer's mobile phone provider or other third parties attributable to the sphere of the customer.
5.6. Visitor shall not be liable for disruptions to connections to booking channels caused by changes to the booking channels or insufficient response times of the Internet pages. In these cases, the software will display an error message and manual intervention by the client will be required, e.g. manual synchronisation of Visitor and the portals.
The subscription has a cancellation period of one month.
7. Right of use
7.1 Visitor shall be entitled to all rights of use, know-how and other industrial property rights to the services which are the subject of the contract. Visitor grants the customer a non-exclusive, non-transferable right of use limited to the term of this contract to the extent necessary for the agreed use of the services.
7.2. The customer agrees that Visitor evaluates, processes and exploits his anonymized data. Visitor evaluates the performance of the booking channels in order to improve its own performance. Customer data will not be passed on to third parties or used for advertising purposes.
8.1 Dates for the provision of services stated in the offer or in other documents are in principle non-binding fixed dates. These dates shall only be deemed to be binding performance dates if they are expressly designated as such.
8.2 If Visitor is prevented from meeting a performance deadline due to unforeseen circumstances beyond the control of Visitor or its vicarious agents, these deadlines shall be extended accordingly.
9.1 Visitor shall be liable without limitation in accordance with the statutory provisions for damage to the Customer caused by intentional or grossly negligent conduct on the part of Visitor or its vicarious agents. The same applies to personal injury and damage under the Product Liability Act.
9.2 In all other respects, Visitor's liability for claims for damages shall be limited in accordance with the following provisions:
A) For damages caused by slight negligence on the part of Visitor, liability shall be limited to the typically foreseeable damage.
B) The liability for the loss of data caused by slight negligence on the part of Visitor is limited to the typical restoration expenditure that the customer would have incurred in the event of regular data backups that are reasonable under the circumstances.
9.3 The provisions of the above paragraphs also apply mutatis mutandis to a limitation of the obligation to pay compensation for futile expenses (§ 284 BGB).
9.4. The above limitations of liability shall also apply to vicarious agents of Visitors.
10. Changes to the general terms and conditions and the prices
Visitor is entitled to make price adjustments and changes to these General Terms and Conditions in accordance with the following provisions:
10.1. Changes to the fees for services to be provided by Visitor within the framework of a current contract will be notified to the customer in writing in good time before the change. The customer may object to such a change in accordance with section 10.3.
10.2. Changes to these General Terms and Conditions will be communicated to the customer in text form in good time before the change. The Customer may object to such amendment in accordance with Clause 10.3.
10.3. The Customer shall submit its objection in accordance with Clauses 10.1 and 10.2 to Visitor in writing and within one month from the date of Visitor's notice. If the Client does not object within the time limit, the price adjustment or amendment to the GTC shall be deemed approved. If the customer rejects the price adjustment or the amendment to the GTC, the contract shall continue unchanged. In this case, however, Visitor has the right to terminate the contract with one month's notice.
11. Final provisions
11.1 No oral or written ancillary agreements have been made to this contract. Amendments or supplements to this contract must be in writing in order to be effective.
11.2. Visitor is entitled to name the Client as a reference on its website or in other advertising media. The legitimate interests of the client are to be taken into account.
11.3. This agreement is subject to the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and Services.
11.4. The place of jurisdiction is the registered office of Visitors.
11.5. Should one or more of the agreed provisions be or become invalid, this shall not affect the validity of the remaining provisions. In place of the invalid provision, a provision shall be deemed to have been agreed which comes as close as possible to what the contracting parties intended according to the original meaning and purpose of the invalid provisions.