General Terms and Conditions for end users
§ 1 AREA OF APPLICATION
(1) The following general terms and conditions apply to the use of the online portal BTC BUSINESS TRAVEL CLOUD GmbH (hereinafter “BTC”) as well as all contractual relationships between MICE access and its users and customers (hereinafter collectively “Customers”) resulting from this.
(2) BTC does not acknowledge deviating terms and conditions of the customer that conflict with these General Terms and Conditions, unless BTC has expressly agreed to them in writing. Subsidiary agreements, in particular guarantees, changes and additions are only effective if BTC expressly agrees to them. They must be made in writing to be proven in future.
§ 2 OFFER AND CONTRACT CONCLUSION
(1) BTC arranges conference hotels, flight tickets, hotel accommodation, rental cars and other business travel services which are provided by third parties (hereinafter “Providers”). BTC provides customers with information about the providers’ services. The displayed information is independently maintained by the providers. BTC has no influence on the accuracy of this data. Each provider can independently modify and supplement his data at any time without a check being performed by BTC. Offers and prices are always non-binding.
(2) The contracts, which are concluded via the BTC, are exclusively between the customer and the provider of the respective service. BTC acts only as an intermediary. The services offered via BTC are provided respectively by the responsible provider. In particular, BTC therefore does not bear the risk of insufficient provision of services or insolvency of the provider. In certain circumstances, separate contractual terms may apply to the conclusion of the contract with the provider.
(3) The promotion of the services in the BTC only constitutes a non-binding invitation to the customer to submit offers. With his order, the customer makes an offer to conclude a contract with the respective provider. Where possible, the provider will confirm the receipt of the offer to the customer within 24 hours. A legally effective contract only comes about with the express acceptance of the contract by the provider.
§ 3 COSTS AND PRICES
For the customer, using the BTC is free of charge. The prices to be paid for the services result in each case from the contracts concluded between the customer and the respective provider.
§ 4 USING THE ONLINE SERVICE
(1) BTC’s online service is aimed exclusively at commercial end customers. The commercial resale of services booked via the BTC is prohibited. By registering, the customer declares that he is a commercial end customer.
(2) The use of automated technical options, such as e.g. scripts or macros to monitor or manipulate the online service is prohibited. Customers may not use any mechanisms, software or other scripts that may disrupt or interfere with the functioning of the BTC and the underlying infrastructure. Blocking, overwriting or modifying the contents generated by BTC, and/or accessing the online portal in any other disruptive way is not permitted.
(3) The customer undertakes to keep all access data to the personalised area of the BTC secret and to inform BTC immediately should this data no longer be secret. This shall also apply if the customer suspects or gains knowledge that his access data has been misused. In any case, the customer shall remain responsible for the unauthorised use of the online service. All declarations of intent made using his online access or other access data are effective for and against the customer, unless the customer is not responsible for the misuse of his online access because there is no violation of existing due diligence obligations.
(4) BTC is entitled to modify and/or discontinue its free online service at any time without providing reasons. In the event of a violation of the aforementioned obligations, BTC retains the right to block individual customers or delete customer accounts from the BTC.
§ 5 COPYRIGHT
All rights to the BTC and the contents published in the online service belong exclusively to BTC and the respective providers of the services. Any duplication, distribution, other form of utilisation or imitation is prohibited without the express consent of the BTC.
§ 6 LIABILITY
BTC shall be liable without limitation for damages of the customer only if they can be attributed to deliberate or grossly negligent behaviour of BTC. For slightly negligent breaches of duty, BTC shall only be liable for the violation of essential contractual obligations. In this case, the liability is limited to the immediate damage of the customer that is typical to the contract and foreseeable upon conclusion of the contract. This also applies to breaches of duty by legal representatives and/or vicarious agents of BTC. The liability for culpable injury to life, body or health remains unaffected.
§ 7 FINAL PROVISIONS
(1) Should individual provisions of these conditions be or become in whole or in part void, ineffective and/or unenforceable, this shall not affect the validity of the remaining provisions.
(2) Place of fulfilment and payment is Berlin. The law of the Federal Republic of Germany shall apply with the exception of its provisions of international private law. The validity of the UN sales law is excluded. Exclusive place of jurisdiction is Berlin. However, BTC is also entitled to file a suit at any other place of jurisdiction.
DATA PRIVACY STATEMENT
The protection of personal data is very important to BTC. BTC therefore naturally observes the legal provisions of the Data Protection Act (BDSG), the Telemedia Act (TMG) and other data protection laws when collecting, saving and using personal data.
All sensitive data is transmitted in encrypted form by digital security systems. The BTC is furthermore protected by technical measures against damage, destruction or unauthorised access.
§ 1 PERSONAL DATA
The object of data protection is personal data. According to section 3 paragraph 1 BDSG, these are details of personal and material circumstances of a natural person, such as e.g. name, postal address, email address, date of birth, credit and debit card numbers and other data on payment instruments and possibly usage data such as IP addresses and browser information.
§ 2 DATA COLLECTION AND STORAGE
(1) As part of the use of the BTC, the customer shall provide personal data. BTC collects, stores and uses this personal data only as far as is necessary for the provision of the service or the execution of the contract. As part of the booking of services, it is necessary to pass the personal data on to the respective provider or those companies that provide the service or are used for the execution of the contract. These are e.g. payment service providers, transportation companies or other service companies.
(2) Personal data is collected and stored in particular
- if a customer signs up or registers with BTC for a customer account,
- if he orders a service or
- when registering for a newsletter.
(3) BTC uses the personal data collected as a priority,
- to negotiate contracts between customers and providers,
- to answer requests or enquiries of customers or providers and
- to provide the customer with statistics and data export options for the services booked.
(4) After complete completion of the contract, the data will be blocked and deleted after expiry of the tax and commercial retention periods, unless the customer has expressly consented the use of data beyond this, for example by using the statistics and export function.
§ 3 COLLECTION AND STORAGE OF USAGE DATA
(1) To optimise the BTC, the BTC continues to collect and store data, e.g. the date and time of the page view, the previously visited website, browser information, the country of origin and similar. This is done anonymously without personally identifying the customer or visitor to BTC. User profiles may be created using a pseudonym. Again, there is no connection between the natural persons behind the pseudonym and the collected usage data.
(2) BTC also uses “cookies” to collect and store usage data. These are small text files that are stored on the customer’s computer and contain statistical information such as the operating system, browser, IP address and date/time of the last visit. Of course, the “BTC can also be used without cookies. The saving of cookies can be prevented by selecting “do not accept cookies” in the browser settings on the respective computer. How this works in detail is described in the manual of the browser used. Disabling cookies, however, may result in functional restrictions in the service of BTC.
§ 4 DATA COLLECTION VIA THIRD PARTY PROVIDER PLUG INS
By integrating plug-ins, information such as operating system, browser, IP address, the currently accessed site, the previously accessed website (referrer URL) and date/time of the page visit can be transmitted to third party providers as soon as the BTC is accessed. BTC points out that it does not receive accurate knowledge of the content of the data transmitted and its use by third parties. Specifically, the following plugins are used:
BTC uses Google Analytics, a web analytics service of Google Inc, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA. The “cookies” set by Google Analytics transmit information about the usage of the site to a Google server in the United States, where it is stored. Google uses this information to evaluate your use of the website, to prepare reports about website activity for the operators of the website, and to provide additional services associated with website usage and Internet usage. Insofar as legally required or insofar as third parties process this data at Google’s request, Google will also provide this information to those third parties. Data is used in anonymised or pseudonymised form. You can prevent data collection by Google Analytics by installing this browser plug-in
More information: http://www.google.de/intl/de/analytics/privacyoverview.html
With your permission, our website utilizes the Conversion Tracking Pixel service of Facebook Inc., 1601 S. California Ave., Palo Alto, CA 94304, USA (“Facebook”). This tool allows us to follow the actions of users after they are redirected to a provider’s website by clicking on a Facebook advertisement. We are thus able to record the efficacy of Facebook advertisements for statistical and market research purposes. The collected data remain anonymous. This means that we cannot see the personal data of any individual user. However, the collected data are saved and processed by Facebook. We are informing you on this matter according to our information at this time. Facebook is able to connect the data with your Facebook account and use the data for their own advertising purposes, in accordance with Facebook’s Data Use Policy found under: https://www.facebook.com/about/privacy/. Facebook Conversion Tracking also allows Facebook and its partners to show you advertisements on and outside Facebook. In addition, a cookie will be saved onto your computer for these purposes.
Only users over 13 years of age may give their permission. If you are younger than this age, please consult your legal guardians.
Please click here if you would like to revoke your permission:
The BTC also uses plugins of XING AG, Dammtorstraße 29-32, 20354 Hamburg. You can recognise these by the XING logo. If you visit the BTC, data is transmitted directly to the XING servers. While the customer is logged into his XING account, XING can also match the website visit with the BTC user account. To prevent this, the customer must log out of his XING user account before visiting BTC.
More information: http://www.xing.com/app/share?op=data_protection
§ 5 USE OF DATA FOR A SPECIFIC PURPOSE
(1) BTC observes the principle of data use for a specific purpose and collects, processes and stores personal data only for the purposes for which the customer has communicated it. Personal data is not passed on to third parties without your express consent, unless this is necessary for the provision of the service or to carry out the contract. Transmission to government institutions and authorities entitled to receive information only takes place within the framework of the statutory information obligations or if BTC is obligated by a court decision to provide information.
(2) BTC also takes corporate privacy very seriously. The employees and the service providers commissioned by BTC have been obligated to maintain secrecy and to observe data protection regulations.
§ 6 RIGHT TO INFORMATION AND OF WITHDRAWAL
Each customer shall receive information about the data stored at BTC free of charge at any time without giving reasons. He may at any time have the data collected about him deactivated, corrected or deleted. He may also at any time without giving reasons revoke the consent given to BTC to collect and use the data. The responsible body for this is:
BTC BUSINESS TRAVEL CLOUD GmbH
c/o Premium Offices Hamburg Airport
Telefon: +49 (0) 40 537 988 88
CEO: Sven Bergerhausen
BTC will be glad to assist customers and users with further questions on data protection and on the processing of personal data.