Terms and Conditions
1 – Scope, Subject matter of the contract
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts between tamibo GmbH (“tamibo”) and the customer regarding the use of the tamibo booking system for hotels, holiday apartments and campsites (“tamibo software”).
1.2 Subject matter of the contract is the transfer of the tamibo software for use by the customer via internet connection via a browser (Software as a Service). The customer receives the technical possibility and authorization to access the software hosted on a server of tamibo or a third party commissioned by tamibo via a browser via the internet connection and the functionalities of the software within the scope of the contractual agreements for the duration of the contract period to use. The customer has the choice between different packages, which differ in the scope of services. The scope of performance of the software and the system requirements can be found in the functional description at www.tamibo.com. tamibo provides the software in the current program version.
1.3 tamibo provides the software with an availability of 99% in the monthly average minus the maintenance times. tamibo is authorized to perform maintenance between 2am and 6am for a total of five hours in the calendar month. During maintenance, the software is not available for use. In addition, tamibo may, in consultation with the customer, suspend availability for a defined period of time to perform maintenance. The customer will not unreasonably refuse consent to such interruptions. The availability refers exclusively to the functionalities of the software described in the scope of functions under www.tamibo.com and the scope of tamibo. The availability refers exclusively to the functionalities of the software described in the scope of functions under www.tamibo.com and the scope of tamibo.
1.4 The Software provides interfaces to third parties (such as Portals and Channel Managers, see www.tamibo.com for details). It should be noted that the customer may have to close any required fee-based contracts with the respective third-party provider if he wishes to use his services.
1.5 Customer service is available to the customer for user questions and for receiving fault reports at the service times listed on www.tamibo.com. Times are based on Central European time zone for Germany.
1.6 Tamibo is entitled to use all or part of the services rendered by third parties in rendering the service. Responsibility for the selection and activity of third parties is borne by tamibo.
2 – Conclusion
2.1 Offers from Tamibo apply exclusively to customers who are entrepreneurs. By submitting his declaration of contract, the customer declares that he acts as an entrepreneur. An entrepreneur within the meaning of these terms and conditions is any natural or legal person or a legal partnership that acts in the execution of a legal transaction in the exercise of their independent professional or commercial activity (14 BGB).
2.2 Product representations and price lists of Tamibo are not binding, as long as they do not become the content of a contractual agreement or a binding offer to the customer.
2.3 Contracts come about through offer and acceptance under the validity of these terms and conditions. Tamibo sends a binding offer to the customer by e-mail, fax or letter upon request. This offer can be accepted by the customer by a declaration of acceptance to be submitted to tamibo by fax, e-mail or letter within seven working days from receipt of the offer. For the calculation of the deadline, the day of the offer access is not counted. The contract under the terms of these terms and conditions comes about with timely acceptance by the customer. If the customer does not accept the offer of tamibo within this period, tamibo is no longer bound to the offer.
3 – Remuneration, Payment methods
3.1 The remuneration shall be determined according to the prices valid at the time of the conclusion of the contract at www.tamibo.com, unless otherwise agreed. Prices are Euro prices and are exclusive of the applicable statutory sales tax.
3.2 The monthly fee for the package chosen by the customer is payable on a monthly basis for each month.
3.3 If additional services have been agreed, these will be charged according to the agreed hourly rate, unless a fixed price has been agreed (for example, a one-time set-up fee). Billing takes place for every quarter of an hour (15 minutes). Invoicing takes place monthly for the previous month.
3.4 The customer has the option of automatic debiting from the account by means of a direct debit procedure, unless otherwise agreed.
3.5 A payment is deemed to have been received as soon as the equivalent value has been credited to an account of tamibo. In case of late payment, tamibo is entitled to default interest i.H.v. 10 percentage points above the respective base interest rate. The legal rights of tamibo in the event of default of payment remain unaffected.
3.6 The offsetting of claims of the customer with tamibo claims is only permitted if the claims of the customer are undisputed or legally established.
4 – Free trial access
4.1 Interested parties have the opportunity to request a trial access for 30 days via the online form at ww.tamibo.com stating their name and the name of the company for which they wish the test access as well as their e-mail address. If the interested person of tamibo receives the access data for the test access, he can test the functions of the software with the stored test data without obligation to pay. After 30 days have elapsed after the account has been created, the test access ends automatically, without any need for notice.
4.2 If the interested party wishes further use, it is possible to conclude the contract in accordance with Section 4.4. There is no obligation to do so.
5 – Participation and Obligations of the Customer
5.1 The customer shall ensure that his participation in the performance of the contractual services at his own expense is available in good time. In particular, he will provide tamibo with the information required for the provision of the contractual services in good time and ensure the contractual condition of his hardware, the required operating system, the required browser, his Internet access and the online connection.
5.2 The customer is obliged:
- to store his or her access code and passwords carefully and protected from access by third parties and do not pass them on to unauthorized persons. He has to provide adequate protection against abuse
- to obtain the necessary consent of the person concerned, insofar as he collects, processes or uses personal data in the context of the use of the software and does not intervene in any legal grounds for a permit.
5.3 The proper data backup is the responsibility of the customer. He will take reasonable precautions, especially in the event that the software does not work properly (for example, through regular data backup, fault diagnosis, periodic review of data processing results).
6 – Use Rights Granted
6.1 Tamibo grants the customer a simple (non-exclusive), non-sublicensable right, limited in time to the duration of this contract, to access the tamibo software via telecommunications (internet connection) and to use the functionalities of the software as intended. The customer does not receive any further rights, in particular with regard to the software or the operating software.
6.2 The customer is not entitled to use the software beyond the permitted use in accordance with the contractual agreement, or to use it by third parties or to make it accessible to third parties.
7 – Liability
The following provisions apply to all contractual and legal, including tortious, damage and reimbursement claims of the customer against tamibo for breaches of duty by Tamibo, one of its legal representatives or one of its vicarious agents:
7.1 In the event of negligent breach of a material contractual obligation, liability shall be limited to compensation for the average damage typically foreseeable at the time the contract was concluded. Significant contractual obligations are obligations which the contract imposes upon tamibo according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.
7.2 For the rest, liability for negligent breach of duty is limited to the order value.
7.3 The limitations of liability listed in Section 7.1 and 7.2 shall not apply to claims for intent or gross negligence, malice, injury to life, body or health, to the extent that the Product Liability Act applies, as well as a warranty promise, as far as the latter is concerned in the guarantee statement nothing else is regulated.
8 – Contract period and Termination
8.1 The contract runs indefinitely. It may be terminated by the customer at any time with a notice period of five days to the end of the month, by tamibo with a notice period of three months to the end of the year.
8.2 The right of both parties to extraordinary termination for good cause remains unaffected. In particular, tamibo is entitled to extraordinary termination if the customer is more than 21 days in arrears with a payment after the second reminder or allows third parties access to the contract and is responsible for this.
8.3 Terminations must be made in writing.
8.4 Upon termination of the contract, the customer’s access data to the tamibo software is no longer active and access to the software is blocked. Customer data will be deleted by tamibo no later than three weeks after termination of the contract, as long as there is no statutory storage obligation. The customer must export his data, before contract termination and self-secure, if he needs this beyond the contract termination (for example, due to legal filing obligations).
9 – Secrecy and Privacy
9.1 Tamibo and the customer are obliged to keep confidential all confidential information, business and trade secrets obtained within the framework of the contractual relationship, in particular not to pass them on to third parties or to use them other than for contractual purposes.
9.2 If the customer collects, processes or uses personal data himself or through Tamibo, the customer guarantees that he is entitled to do so in accordance with the applicable provisions of data protection law. As far as the data to be processed are personal data, there is an order data processing and the tamibo will follow the instructions of the customer (for example to comply with deletion and blocking obligations). The instructions must be communicated in writing in good time. In the event of the existence of an order data processing relationship, it is clarified that the customer remains the “master of the data” both generally in the commission and in the data protection sense (11 BDSG). The Customer is the sole owner of the power of disposal and ownership of all custom data (entered data, processed, stored data, issued data). The tamibo does not control the data and content stored for the customer regarding a legal admissibility of the collection, processing and use; this responsibility is the sole responsibility of the customer. Tamibo is only entitled to process and / or use the customer-specific data exclusively according to the instructions of the customer. The tamibo is entitled to process and use the data within the scope of the data protection law (eg billing data for the settlement of services to the customer).
10 – Final provisions
10.1 Hereby the inclusion of own conditions of the customer is contradicted, unless tamibo has approved their validity in writing
10.2 Tamibo is entitled to change these terms and conditions. The change will be communicated to the customer by e-mail six weeks before its entry into force. The customer is entitled to object to the changes within four weeks of receipt of the e-mail. The opposition must be in the form of a text (e-mail, for example). The changes are considered accepted and binding if the member has accepted the changes or has not objected to them within the four-week period. tamibo points out in the notification e-mail separately to these legal consequences and the possibility of objection. If the customer objects on time, the contractual relationship continues to the original conditions.
10.3 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding conflict of laws rules and excluding the laws governing the international sale of goods (CISG).
10.4 If the customer acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the domicile of tamibo. If the customer is located outside the territory of the Federal Republic of Germany, the seat of tamibo is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the occupational or commercial activity of the customer. However, in the above cases, Tamibo is in any case entitled to call the court at the customer’s place of business.
10.5 The contract language is German.
As of: October 2016