PEPPERMINDED MARKETING SOLUTIONS
DR FRANZ-REINPRECHTWEG 5
9020KLAGENFURT AM WS
AUSTRIA
office@pepperminded.com
PEPPERMINDED MARKETING SOLUTIONS, Dr Franz-Reinprechtweg 5, 9020 Klagenfurt am Wörthersee, Austria (hereinafter called "Operator"), operates the online platform hobidd.com (hereinafter "hobidd.com" for short).
These General Terms and Conditions of Contract (hereinafter "GT&Cs" for short) shall apply to the placement of chargeable sales offers by commercial providers (hereinafter "Providers" for short) at hobidd.com. The provision of the contractual services PEPPERMINDED MARKETING SOLUTIONS at hobidd.com shall be carried out exclusively on the basis of these GT&Cs.
Deviating, conflicting or supplementary terms and conditions of contract of the respective Provider or participant are hereby expressly objected to. Therefore, such terms and conditions shall, even if known, not apply, unless their application has been expressly consented to in writing.
These GT&Cs shall, even if not expressly agreed upon again, apply to all future legal transactions and business relations between hobidd and the respective contractual partner.
At hobidd.com, only commercial Providers may present their products and/or services among the visitors to hobidd.com (hereinafter the "Participants" for short) and give them the possibility them to submit price suggestions for their placed sales offers directly to them.
By placing and presenting its products and/or services at hobidd.com, the Provider expressly and irrevocably consents that the respective products and/or services placed and presented be released by the Operator, free of charge, for raffling off to the Participants immediately after they have been placed.
The Operator shall publish at hobidd.com only the information communicated to it by the Provider; the Operator shall not take on any liability whatsoever for the accuracy, completeness or lawfulness of this information. The Provider itself shall be responsible for the content (texts, photographs and company logos) placed by it. In particular, the Provider shall be liable that placed selling offers are not unlawful and do not infringe third-party rights, such as in particular trademark rights, copyrights or other intellectual property rights.
The Provider shall indemnify the Operator against all third-party claims, including all resulting legal costs. Furthermore, the Provider expressly declares that it possesses the necessary publishing rights for all images/photographs/company logos made available.
To be able to use the hobidd.com services as a Provider, registration is required. This is done online and is linked to an activation code sent to the Provider by SMS text. Registration is free of charge.
By entering the data at hobidd.com, the respective Provider expressly consents that its company name, address, VAT ID no., telephone number, mobile telephone number, email address and URL be stored and used by the Operator for the purposes set out in these GT&Cs, in particular that these be displayed and published at hobidd.com for the selling offers placed by it. The user data to be provided during registration shall be provided truthfully and completely.
Until further notice our packages ZERO 06. 03 and ZERO 06. 06 are available free of charge. No commissions or other costs. No cancellation period, no automatic contract extension or upgrade to paid versions.
Receiving price suggestions
Participants transmit suggestions for selling offers that have been placed directly to the Provider, however without these being visible publicly. The Provider is free to accept suggestions, make counteroffers, issue alternative offers which in its judgement correspond to the selling offer that has been issued, or entirely decline suggestions.
If suggestions, counteroffers or alternative offers are accepted, the sale shall be deemed legally binding. Payment shall be made directly by the buyer to the Provider.
The Operator shall not invoice commissions, agency fees or contract fees for sales that have taken place. The prices according to the price list apply.
The Provider undertakes to fully indemnify the Operator and hold it harmless for all costs it incurs herefrom. The Provider shall indemnify the Operator against all claims by third parties, including all legal costs incurred.
Furthermore, the Operator reserves the right to publish at facebook, and disseminate via Twitter, Instagram, Google+ and Snapchat, prize draws published at hobidd.com; the Provider hereby expressly consents thereto.
BUY NOW option
With the BUY NOW option, registered participants have the possibility to purchase sales offers posted by the provider at the specified "regular price". No price negotiation is possible.
By clicking the BUY NOW button, the participant makes a binding commitment to purchase the selected travel offer.
If the buyer accepts the offer by clicking the BUY NOW button, the contact data of the participant will be collected and forwarded directly to the provider.
Once all of the participant's necessary personal data has been transferred to the provider to process the purchase, all further steps such as booking confirmation, payment, rebooking, cancellation or complaint are taken directly between the provider and the participant. hobidd does not assume any function in this regard.
The forwarding of personal data to the provider takes place with the explicit consent of the participant. Collected personal data will only be forwarded to the respective provider and will not be visible to third parties.
The operator does not charge commissions, agency fees or contract fees for sales that have come about. The prices according to the providers price list.
The provider undertakes to indemnify and hold harmless the operator for all costs arising from this in full. The provider indemnifies the operator from all claims of third parties, including all legal costs incurred.
Furthermore, the operator reserves the right to publish photos published on hobidd.com on facebook and to distribute them via Twitter, Instagram, Google+ and Snapchat.
Sales offers which are not available anymore, can be deleted by the provider.
The operator reserves the right to decline or delete sales offers of the provider without giving reasons, in particular in the event of a breach of these GT&Cs or in cases of unlawful or offensive content.
The costs incurred as a result of deletion and any re-insertion shall be reimbursed to the Operator by the breaching Provider.
Participants submit vacation requests to the Operator. The Operator transmits received requests anonymously to eligible Providers.
The Provider is free to respond to requests received. If the Provider responds to requests, it is possible to send offers only directly to the Participant or to release them as a new offer.
The Participant is given the possibility to send the Provider directly, but not publicly visible, price proposals for received offers or to purchase offered stays without discount with the BUY NOW option.
The Provider is free to accept price suggestions, make counteroffers, issue alternative offers which in its judgement correspond to the selling offer that has been issued, or entirely decline suggestions.
If suggestions, counteroffers or alternative offers are accepted, the sale shall be deemed legally binding. Payment shall be made directly by the buyer to the Provider.
The Operator shall not invoice commissions, agency fees or contract fees for sales that have taken place. The prices according to the price list apply.
The Provider undertakes to fully indemnify the Operator and hold it harmless for all costs it incurs herefrom. The Provider shall indemnify the Operator against all claims by third parties, including all legal costs incurred.
Furthermore, the Operator reserves the right to publish at facebook, and disseminate via Twitter, Instagram, Google+ and Snapchat, prize draws published at hobidd.com; the Provider hereby expressly consents thereto.
The prize draws placed by the Provider shall be free of charge for the Participants. The winner must be able to claim a free product or a free service (or a combination thereof). No bait offers, discount campaigns or offers along the lines of "three for the price of two" shall be raffled. References to campaign offers or special offers are also expressly prohibited. Furthermore, participation in prize draws shall not be associated with any purchase obligation of any kind. In the case of prizes requiring travel by the winner (e.g. to a hotel or to an event venue), the travel expenses must not necessarily be included. In such case, this shall be expressly and unequivocally pointed out to the Participant.
By placing a prize draw at hobidd.com, the Provider expressly and irrevocably consents to hold a free raffle among any number of Participants. Therefore, prize draws shall, immediately after having been placed at hobidd.com by the Provider, be automatically made available by the Operator for raffling. After these prize draws have been published at hobidd.com, the Provider shall no longer be able to alter or delete these.
Furthermore, the Operator reserves the right to publish at facebook.com/hobidd, and disseminate via Twitter, Instagram, Google+ and Snapchat, prize draws published at hobidd.com; the Provider hereby expressly consents thereto.
In the free basic version, the term of the prize draws made available for raffling shall, in principle, be 60 days from the date of their publication. At the Provider's request, the term may be reduced by any number of days or be extended by a maximum of 30 days. After the term has expired, the respective prize draws placed shall no longer be displayed at hobidd.com.
The winners of the prize draw shall, immediately after the term of the respective prize draw has expired, be determined by the Operator electronically by means of a random winner generator.
Applicable Austrian or EU law must not be contravened by the content or formulation of the prize draws or by the purpose pursued.
The placement of prize draws for non-commercial purposes is expressly prohibited.
The setting of prize draws is chargeable and depends on the duration of the respective lottery. Price inquiries under info@hobidd.com
Costs incurred for the cancellation of offers posted which do not comply with our General Terms and Conditions of Sale and Delivery (item 6 of our General Terms and Conditions of Sale and Delivery) shall also be invoiced.
The Operator reserves the right to decline or delete prize draws of the Provider without giving reasons, in particular in the event of a breach of these GT&Cs or in cases of unlawful or offensive content.
The costs incurred as a result of deletion and any re-insertion shall be reimbursed to the Operator by the breaching Provider.
No period of notice or automatic contract renewal.
30 days before expiration of the contract, users are offered the opportunity to extend the contract. If no extension of the contract is made by the user, all entries, campaigns and offers of the provider are no longer published after expiry of the existing contractual relationship. No automatic contract renewal or obligations.
For marketing purposes, the operator reserves the right to advertise posted offers and competitions cross-medially.
For this purpose, information as well as photos of offers and competitions presented on the platform are used. If the photo material available on XXXX is not sufficient for advertising, the provider allows the operator to take and use photo material from his website.
Photographic material taken from websites is used exclusively for advertising offers or competitions of the provider.
The promotion of offers or competitions by the operator is not associated with any costs for the provider.
To be able to use the hobidd.com services as a Participant (Traveller), registration is required. This is done online. For this kind of registration a vaild email-address is required. Registration is free of charge.
The used email-address is not visible in public and will not be shown to third parties. Excluded from this are purchases that have been made.
Eligibility
All persons of full legal capacity who are aged 18 or over, have their main residence in Austria and hold an active Facebook account shall be eligible to participate. Persons resident in other countries shall be eligible to participate insofar as they have the right to participate with legal effect under the law of their country of residence.
To be able to transmit price suggestions, registration is required. This is done online and is free of charge.
If the Terms and Conditions of Participation are breached, the Operator shall have the right to exclude the Participant concerned.
Procedure
Submitting requests is free of charge and without obligation.
Submitted requests will be transmitted to the Operator. The Operator forwards received requests anonymously to eligible Providers.
The Provider is free to respond to requests received. If the Provider responds to requests, the response will be always transmitted DIRECTLY to the Participant.
Participants transmit price suggestions for received offers directly to the Provider, however without these being visible publicly. Furthermore Participants is given the possibility to purchase offered stays by the BY NOW option without any discounts.
The Provider is free to accept suggestions, make counteroffers, issue alternative offers which in its judgement correspond to the placed selling offer, or entirely decline suggested prices within 36 hours. Do Participants not receive any response from the Provider within 36 hours, transmitted price suggestions expire and lose their validity.
If suggestions for sales offers, counteroffers or alternative offers are accepted, the sale shall be deemed legally binding. Payment shall be made directly by the buyer to the Provider. Terms of payment are to be agreed between them.
The Operator shall not invoice commissions, agency fees or contract fees for sales that have taken place.
All communication takes place on hobidd.com via an internal communication layer (HOBIDDS).
The Participant shall indemnify the Operator against all third-party claims, including all resulting legal costs. Furthermore, the Provider expressly declares that it possesses the necessary publishing rights for all images/photographs/company logos made available inplaced offers.
Eligibility
All persons of full legal capacity who are aged 18 or over, have their main residence in Austria and hold an active Facebook account shall be eligible to participate. Persons resident in other countries shall be eligible to participate insofar as they have the right to participate with legal effect under the law of their country of residence.
To be able to transmit price suggestions, registration is required. This is done online and is free of charge.
If the Terms and Conditions of Participation are breached, the Operator shall have the right to exclude the Participant concerned.
Procedure
Transmitting suggestions for sales offers is free of charge but legally binding.
Participants transmit suggestions for sales offers directly to the Provider, however without these being visible publicly. The Provider is free to accept suggestions, make counteroffers, issue alternative offers which in its judgement correspond to the placed selling offer, or entirely decline suggested prices within 36 hours.
Do Participants not receive any response from the Provider within 36 hours, transmitted price suggiestions expire and loose their validity.
If suggestions for sales offers, counteroffers or alternative offers are accepted, the sale shall be deemed legally binding. Payment shall be made directly by the buyer to the Provider. Terms of payment are to be agreed between them.
The Operator shall not invoice commissions, agency fees or contract fees for sales that have taken place.
All communication takes place on hobidd.com via an internal communication layer (HOBIDDS).
The Participant shall indemnify the Operator against all third-party claims, including all resulting legal costs. Furthermore, the Provider expressly declares that it possesses the necessary publishing rights for all images/photographs/company logos made available inplaced offers.
Eligibility
All persons of full legal capacity who are aged 18 or over, have their main residence in Austria and hold an active Facebook account shall be eligible to participate. Persons resident in other countries shall be eligible to participate insofar as they have the right to participate with legal effect under the law of their country of residence.
To use the BUY NOW option, registration of the participant is required. This is free of charge and takes place online. In the event of a violation of the conditions of participation, the operator reserves the right to exclude the participant concerned.
Procedure
By pressing the BUY NOW button, the participant makes a binding commitment to purchase the selected travel offer at the "regular price" stated in the offer. No price negotiation is possible.
After acceptance of the purchase offer by the participant, in the next step the contact data of the participant will be requested in order to forward them directly to the respective supplier for the purpose of purchase confirmation after confirmation of our GTC. The forwarding of personal data takes place with the express consent of the participant.
If all personal data of the participant necessary for the processing of the purchase have been transmitted to the provider, all further steps such as booking confirmation, payment, rebooking, cancellation or complaint will be made directly between provider and participant. hobidd does not assume any function in this regard.
Collected personal data of the participant will only be forwarded to the respective provider and are not visible to third parties.
The participant undertakes to indemnify and hold harmless the operator for all costs incurred. The provider as well as the participant/buyer indemnify the operator from all third party claims, including all legal costs incurred.
All communication takes place on hobidd.com via an internal communication layer (HOBIDDS).
The Participant shall indemnify the Operator against all third-party claims, including all resulting legal costs. Furthermore, the Provider expressly declares that it possesses the necessary publishing rights for all images/photographs/company logos made available inplaced offers.
Eligibility
All persons of full legal capacity who are aged 18 or over, have their main residence in Austria and hold an active Facebook account shall be eligible to participate. Persons resident in other countries shall be eligible to participate insofar as they have the right to participate with legal effect under the law of their country of residence.
The Operator and its employees, as well as the Provider and its employees shall be excluded from participation in prize draws.
A prerequisite for participation in the respective prize draw is that consent to the Terms and Conditions of Participation (#URL#) must have been given. If the Terms and Conditions of Participation are breached, the Operator shall have the right to exclude the Participant concerned.
Procedure
The Participant shall participate in the respective prize draw by confirming the Facebook Like button for the prize draw.
The prize draws placed by the respective Provider shall have no connection with Facebook and shall not be sponsored, supported or organised by Facebook in any way. Facebook shall not be available as a point of contact for the prize draws published at hobidd.com.
Participation in the prize draw shall be free of charge, voluntary and not associated with a purchase obligation. The Operator shall be the organiser of the prize draw. The winners shall, after the term of the prize draw has expired, be determined by the Operator electronically by means of a random winner generator. The respective Provider shall have no influence over the result of the raffle.
Notification of the winner(s) determined by the Operator shall be given by the Operator via Facebook. The Provider hereby undertakes to make available to the winner the product or service won or a corresponding credit voucher without undue delay, but no later than within 14 days (unless this is infeasible in individual cases in view of the prize or is inconsistent with the nature of the prize) after the prize has been claimed by the winner. The cost of sending the prize or making the prize available (e.g. shipping charges) and all costs in connection therewith shall be borne exclusively by the Provider. The Provider hereby undertakes to hold the Operator fully harmless, and fully indemnify the Operator, against all such resulting costs within 14 days of written assertion by the Operator.
Prizes shall not be transferable. Neither cash redemption of prizes nor any type of exchange shall be possible. If the winner fails to reply to a prize notification and accept his/her prize within four weeks, he/she shall, without substitution, lose his/her claim to the prize.
If there are any indications that Providers are breaching these GT&Cs or applicable law, these Providers may be blocked by the Operator at any time.
The Operator shall not be responsible for the lawfulness or accuracy of the selling offers at hobidd.com. In relation to the Provider, therefore, the Operator shall not give any warranty of any kind whatsoever or take on any liability. This shall also apply in respect of selling offers of other Providers.
No warranty for the availability of the online service shall be given. In particular, the Operator shall not be under any obligation whatsoever to operate hobidd.com. The Operator reserves the right to alter the appearance of hobidd.com as it wishes or discontinue hobidd.com without prior notice and without giving reasons.
The Operator shall not be liable to the Provider for loss caused by faults, delays or interruptions in data processing, or in the event of malfunctions, or for incorrect content or loss or deletion of data as a result of viruses.
Liability of the Operator shall be excluded in cases of slight negligence; this shall not apply to personal injury.
The Operator shall not take on any responsibility whatsoever for links to other websites. Nor shall the Operator be liable for loss ensuing from the use of third-party or external websites.
The Operator reserves the right to inform registered Providers, by email, of new developments and advertising possibilities at hobidd.com. The respective Provider's consent may be revoked at any time by email to the Operator (support@hobidd.com).
The court in Klagenfurt, Austria, that has substantive jurisdiction shall be the agreed place of jurisdiction for all disputes arising from these GT&Cs and for the question of their validity. Legal language is German.
Austrian law excluding the standards on conflict of laws under international private law shall apply. The applicability of the UN Sales Law is hereby expressly excluded.
German shall be the contractual language.
If any individual provisions in these GT&Cs are or become ineffective, this shall not affect the validity of the remaining provisions of these GT&Cs. This shall apply accordingly to any supplementation of these GT&Cs in the case of omissions.