General Terms and Conditions for Users of Escapio GmbH
Using the website www.escapio.com, Escapio GmbH operates a portal to compare services of hotel booking sites, tour operators, hotel chains, hotel partnerships or hotels (hereinafter “Third-Party Pro-viders”).
2.1. These General Terms and Conditions (GTCs) apply to all services provided by Escapio GmbH, Am Treptower Park 28, 12435 (hereinafter referred to as “Escapio”) to the user of the website (hereinafter referred to as “User”).
2.2. By using Escapio’s website, the User confirms that he or she has read and understood the General Terms and Conditions and the data protection provisions and consents to these.
2.3. Escapio only offers a comparison of services from Third-Party Providers. The travel services are not booked on Escapio’s web pages but via a technical link created by Escapio to the external web pages of the Third-Party Providers. Escapio is neither the provider of the travel services that can be compared via Escapio, nor is it a tour operator as defined by Sections 651a et seq. BGB (Bürgerliches Gesetzbuch [German Civil Code]), nor are accommodation services and/or other associated additional services provided directly by Escapio.
2.4. By booking a hotel via a Third-Party Provider, the User accepts the general terms and conditions of the Third-Party Provider. A contract for the corresponding service is concluded solely between the User and the Third-Party Provider, not between the User and Escapio. All rights of the User must be asserted by the User against the Third-Party Provider.
III. Hotel information
The usual hotel classification based on stars provides a non-binding indication of the hotel standard. Any hotel classification made here is based on the hotels’ own assessment or that of the affiliated Third-Party Providers. All additional hotel information and descriptions are also based on information from Third-Party Providers.
IV. Notice of defects
Escapio is not entitled or obligated to receive notice of defects with regard to the services from Third-Party Providers. The defect must always be notified by the User to the Third-Party Provider.
5.1. Escapio’s liability is based on the statutory provisions.
5.2. The information available on Escapio’s web pages (in particular descriptions, images, prices, availabilities) about the services is based on information from hotels and the Third-Party Providers. Escapio cannot check that the information entered is correct, complete or up-to-date. In this regard, Escapio does not provide any guarantees or assurances for the information entered by the Third-Party Providers.
5.3. No advice is provided on the Escapio’s website.
5.4. Escapio is not a provider of travel services, nor is it an intermediary or tour operator as defined by Sections 651a et seq. BGB, nor is it a travel agency. The terms and conditions of the respective Third-Party Provider apply to contracts brokered between the User and third parties that are concluded through the use of the service offered by Escapio; Escapio does not assume any liability.
5.5. The links to booking services of Third-Party Providers do not constitute a recommendation. Escapio does not assume any liability for links to Third-Party Providers or for promotional links via texts or advertising banners or for the content displayed on the websites of the Third-Party Providers.
5.6. Escapio updates prices and availabilities provided by the Third-Party Providers in real time. However, in rare cases, the data displayed on Escapio may no longer correspond to the data that are displayed by the Third-Party Provider itself after the third party website has been accessed. Escapio does not assume any guarantee for the correctness of all information, in particular of the prices and availabilities displayed on the Escapio’s website.
5.7. Escapio does not assume any liability for technical faults whose cause is not the responsibility of Escapio, or for damage caused by force majeure. For technical reasons, Escapio does not accept any guarantee for the uninterrupted availability of the website and the information on it.
VI. Data protection
6.1. Data protection has the utmost priority at Escapio and is subject to the regulations of the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Telemedia Act (Telemediengesetz, TMG).
6.2. Personal data will only be collected, processed or used on Escapio’s website if the User has given his or her consent to this, or a legal provision permits the collection, processing or usage of the data.
6.3. Furthermore, the separate data protection provisions that can be found on the Escapio’s website apply.
VII. Amendment of the General Terms and Conditions
7.1. Escapio reserves the right to amend the General Terms and Conditions.
7.2. The General Terms and Conditions currently displayed at the time when the Escapio’s website are valid. Escapio recommends that the User should print out and archive the General Terms and Conditions valid at the time of use.
VIII. Final provisions and jurisdiction
8.1. The language of the contract is German. The German version takes precedence.
8.2. All legal relationships between Escapio and the User are subject solely to the law of the Federal Republic of Germany, under the exclusion of the UN Convention on the International Sale of Goods (CISG). Clause 1 only applies to consumers if the choice of law does not undermine the protection of mandatory legal provisions of the state in which the consumer has his or her habitual domicile.
8.3. If the User is a merchant, legal entity under public law or a special asset under public law, the sole place of jurisdiction for all disputes arising from this contract is the registered office of Escapio. The same applies if the User does not have any general place of jurisdiction in Germany or residence or habitual domicile at the time the legal action is brought.
8.4. There are no side agreements to this contract. Amendments and supplements to the contract must be in the written form (e-mail is sufficient).
8.5. If individual provisions should prove to be legally invalid or unenforceable in their entirety or in part, or if they should become legally invalid or unenforceable at a later point in time, this will not affect the validity of the other provisions. The invalid or unenforceable provisions will be replaced by the statutory regulation.
Berlin, October 2015