General Terms and Conditions for Users of Escapio GmbH
General Terms and Conditions for https://en.escapio.com (Operator: Escapio GmbH, hereinafter “Escapio”; for complete contact information, see below at end of the Terms and Conditions) valid from 02.01.2020 (cited paragraphs refer to the version of the German Civil Code [BGB] valid from 01.07.2018).
On our website, on which tourist services (currently exclusively different accommodation offers) are presented, we provide different services, which are legally classified differently and are explained and laid out differently in the following Terms and Conditions:
- When used as a platform (clicking “see offer” or on specified internet addresses, such as booking.com or expedia.com), we present content from other providers, we become neither an agent nor a tour operator, we merely establish contact free of charge for you and thereby initiate the conclusion of the contract, a new window opens, and you book directly on the website of the other provider; this is dealt with in Section A of our Terms and Conditions.
- When clicking “To booking”
Currently, we exclusively offer accommodation services. Since the same type of travel services are offered for the same or several trips (§ 651 a Abs. 2 BGB), only a brokerage contract is concluded with us, the contract for the service itself is with the Third Party Provider; these cases are dealt with in Part B of our Terms and Conditions.
However, the following information on extrajudicial settlement of disputes and rights of revocation, as well as our data protection regulations and our agreement on jurisdiction, apply uniformly to all matters regulated in sections A and B:
Extrajudicial Dispute Resolution Procedures/Rights of Withdrawal::
Agents of tourist services and tour operators are at present legally not obligated to participate in extrajudicial dispute resolution procedures before a consumer arbitration board. Whether we are prepared to do so will be decided on an individual basis after a dispute has arisen. According to legal regulations, the link to the platform of the EU Commission for online dispute resolution must be provided independently of this: https://ec.europa.eu/consumers/odr/main/index.cfm.
A right of withdrawal according to §§ 312 ff. BGB exists for touristic mediation contracts and travel contracts only in special cases not relevant to internet bookings (unsolicited home visit). Only possible legal cancellation and termination regulations or contractually granted cancellation and termination regulations apply.
Data Protection::
Data protection has the highest priority at Escapio and is subject to the regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). At Escapio, personal data is only collected, processed or used if the consent of the User has been obtained or if a legal provision permits the collection, processing or use of the data. The detailed privacy policy is available at https://en.escapio.com/corp/data-security.
Applicable Law and Jurisdiction:
- All legal relations between Escapio and the User are subject — insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his habitual residence — exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
- If the User is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Escapio’s place of business.
The same shall apply if the User — i.e. also a consumer — does not have a general place of jurisdiction in Germany or if the User’s place of residence or habitual abode is unknown at the time the action is filed.
A. Regulations for Contract Initiation/Use as a Platform
1. Contract Initiation
As far as Escapio represents services of third parties, the services are based on the information of these third parties. Escapio updates prices and availability of the Third Party Providers in real time. However, in rare cases it may happen that the data displayed on Escapio no longer corresponds with the data displayed by the Third Party Provider itself after the Third Party Provider’s website has been accessed.
Links to booking offers from Third Party Providers do not constitute a recommendation.
If you use the click area “to the offer” or click on a specified internet address (such as booking.com or expedia.com) through a technical connection made by Escapio to reach external internet sites (those of the Third Party Providers) or a new window and, if applicable, make a booking there, a subsequent contract is concluded exclusively between you and the Third Party Provider. In this case, your booking and payment data will only be entered on the external site; your address and bank details will also only be disclosed to the operator of the external site.
2. General Information Regarding the Contract with the Third Party Provider
The resulting contract with the Third Party Provider is governed by the respective applicable statutory provisions and, if applicable, in accordance with the valid included Terms and Conditions of the Third Party Provider. Rights and obligations from such a contract exist exclusively between you, as the User, and the Third Party Provider. Your contact for any warranty rights is exclusively the Third Party Provider.
3. Liability of Escapio
The information available on the internet pages of Escapio (in particular descriptions, pictures, prices, availability) regarding the services is based on information provided by hotels and Third Party Providers. Escapio cannot check the information entered for topicality, accuracy or completeness. In this respect, Escapio does not provide any guarantees or assurances for the information entered by the Third Party Providers. Escapio does not assume any liability for the content of advertising links via text or advertising banners or for the content displayed on the websites of the Third Party Providers.
If (which is only conceivable in exceptional cases) a loss or damage should occur to you through the fault of Escapio during the contract initiation phase, our liability is limited to twice the price of the booked service, unless there is intent or gross negligence.
In addition, the statutory provisions apply.
B. Activity as (Sub-)Broker
1. Booking and Conclusion of Contract; Content of the Main Contract
1.1 Currently, we exclusively offer accommodation services. When initiating the conclusion of the contract for individual tourist services or several similar tourist services for one or more trips (for example, accommodation services such as vacation homes, holiday lodging, vacation apartments, hotels) via the click area “to booking”, Escapio will normally act as sub-broker on behalf of the Norway-based Escapeaway AS (Frederik Selmers vei 6, 0663 Oslo).
The main contracts (apart from package holidays, most often rental contracts or occasionally contracts for work and services) are subsequently concluded between the customer and the respective landlord or organizer, who provides the services of the main contract on his own responsibility.
1.2 Contracts are concluded by way of offer and acceptance, both declarations must be congruent, and the declaration of acceptance between absentees must be received within a reasonable period of time.
The presentation of services on the homepage is not yet an offer to conclude a contract in the legal sense. As far as Escapio presents services of third parties, this is based on the information provided by these third parties. All additional hotel information and descriptions are also based on information from third parties.
Escapio updates prices and availability of the Third Party Providers in real time. However, in rare cases it may happen that the data displayed on Escapio no longer / not yet corresponds to the most current data of the Third Party Provider itself.
In the case of electronic booking, if the User clicks the button (“binding booking”), this legally constitutes an offer to conclude a contract (i.e. to conclude the main contract on the one hand and agency agreements on the other). The main contract shall only come into existence upon receipt of the confirmation in text form with identical contents; a mere confirmation of receipt shall not replace this confirmation.
1.3 The conclusion of the main contract and its contents shall be governed by the relevant statutory provisions and, if applicable, i.e. if included, by the Terms and Conditions of the respective contractual partner.
1.4 If directions are required, the customer will receive them with the booking confirmation. Unless otherwise specified in the contract, no assistance by a tour guide is provided, and travel to and from the location is done by the customer himself.
1.5 Unless otherwise agreed upon in the contract, accommodation may only be occupied by the maximum number of persons stated, whereby children, regardless of age, also count as full persons. Pets are only permitted if this is expressly stated in the contract. Persons not specified at the time of booking may be refused on arrival.
1.6 Insofar as other sub-brokered travel agencies or other third parties are involved in the mediation of the conclusion of the contract, they are not authorized to make assurances or agreements deviating from the content of the invitations to tender, these Terms and Conditions or the confirmation.
Third parties who are active in the fulfilment of the brokered main contract (landlords, hoteliers, etc.) are also not authorized to make such declarations with effect vis-à-vis Escapio. However, the possible influence of their declarations on the main contract remains unaffected.
2. Payment/Chattel Paper
2.1 Our Norwegian partner Escapeaway AS is authorized by the respective contractual partners (e.g. landlords) to collect and receive the payment owed under the main contract; payment is made to their German account, which will be provided with the booking confirmation.
2.2 Upon conclusion of the contract, the down payment shown on the booking confirmation/invoice is due for payment immediately. Unless other agreements were stipulated, this amounts to 20% of the total price of the mediated service. The final payment, which is also stated in the booking confirmation/invoice, must then be made as described in these documents.
For individual or similar tourist services/travel services, i.e. for the exclusive booking of accommodation services, no chattel paper is required. At the moment we do not mediate any dissimilar tourist services/travel services.
2.3 If payment by credit card or direct debit has been agreed upon with the customer, debits or collection will be made when due. Otherwise, payment must be made before or on the due date to the bank account stated on the invoice.
2.4 If the customer fails to pay the due amount in full, the contractual partners are legally entitled to refuse performance.
3. Services and Liability of Escapio as (Sub-)Broker
3.1 The information available on the internet pages of Escapio (in particular descriptions, pictures, prices, availability) regarding the services is based on information provided by the respective Third Party Provider of services or package tours. Escapio cannot check the information entered for topicality, accuracy or completeness. In this respect, Escapio does not provide any guarantees or assurances for the information entered by the Third Party Providers.
3.2 As a sub-broker of individual services (see first paragraph of the above section 1.1), Escapio only owes the fulfillment of its own obligations under the agency agreement for the mediation, i.e. the correct advice, transfer of information, etc.
3.3 In the cases regulated under the entire Section B, i.e. in the case of (sub-)brokerage of individual or similar tourist services, the liability of Escapio is limited to three times the price of the mediated service, provided that there is neither physical injury nor that the damage was caused by gross negligence or intent on the part of Escapio, with the exception of a package tour in a case covered by § 651 x, § 6 51 v para. 3 or § 651 w para. 4 BGB.
This limitation of liability applies to both contractual and tortious claims.
4. Statute of Limitations
Any claims arising from the agency contract shall become statute-barred after three years. The statute of limitations begins at the end of the year in which the brokerage contract ended.
In addition, the statutory provisions shall apply.
Escapio Contact Data
Statements addressed to Escapio can be sent using the following contact details:
Escapio GmbH
(also responsible in terms of data protection regulations)
Kronenstraße 69
10117 Berlin
Local Court Berlin Charlottenburg HRB 94491 B
Managing Director: Dr. Frank Mair
Phone: 0049 (0)30-61 65 16 90
Fax: 0049 (0)30-61 65 16 99
E-mail: service@escapio.com
VAT Number: DE814144166