Terms and Conditions (B2C)

Terms and Conditions (B2B)

Last modified: March 1, 2017

These terms and conditions govern the contractual relationship between Michael Sicher, hereinafter referred to as roomchooser, and its users. The use of this service for commercial purposes is not permitted without the express permission of roomchooser. If you do not agree with these terms and conditions and conditions of use, no use can be made.

1. General

1.1. roomchooser.com operates the internet platform roomchooser.com (including other top-level domains such as roomchooser.at), hereinafter referred to as roomchooser.com, providing information on barrier-free travel, especially barrier-free accommodation.

1.2. roomchooser offers its users a platform for the exchange of travel experiences and information on accommodations (such as hotels, holiday homes, etc.), destinations and services related to accessible travel.

1.3. roomchooser forwards room requests from registered users to accommodations.

1.4. roomchooser is just an information platform and not a booking platform. The booking contract is concluded directly between the accommodation provider and the user. Therefore, all related claims such as warranty, damages, etc. are to be settled exclusively between the two previously mentioned.

2. Access and contracting

2.1. Access to the use of roomchooser.com is possible without and with registration. To register, the user needs a valid e-mail address.

2.2. By registering with roomchooser.com, a free contract is created between roomchooser and the user, which is governed by the provisions of these General Terms and Conditions and Terms of Use.

2.3. The contractual relationship beginning with the registration can be terminated at any time by the user with deletion of the user account. Deletion of the data may be delayed for technical reasons. However, roomchooser will not store personal data of the user longer than technically required, but reserves the right to continue to use travel reports or other contributions of the user.

2.4. No user is entitled to participate in roomchooser.com. roomchooser reserves the right to delete or block user accounts, especially if these General Terms and Conditions and Terms of Use are violated. The decision on the deletion of user accounts is up to roomchooser. There is no legal claim to use roomchooser.com, especially due to the free nature of roomchooser.com.

3. Scope of services

3.1. Scope of services without registration: The user may view the freely accessible information without registration, in particular the rooms listed on roomchooser.com.

3.2. Scope of services with registration: Sending a room request is only possible for registered users. This also applies to other roomchooser services such as uploading of room information or travel reports.

3.3. roomchooser.com is a free internet platform. There is no claim to the availability of services. roomchooser assumes no liability for server failure, programming errors and the like. If a user is affected by server failures, programming errors and the like, the user has no claims against roomchooser.

4. Data usage, data transfer and data dissemination

4.1. The protection of your personal data is very important to roomchooser. roomchooser therefore strives to ensure compliance with data protection.

4.2. If the user has consented to receiving information about roomchooser's offers and services upon registering or at any other time using the services of roomchooser.com, the user receives information (eg. newsletters) at irregular intervals. The consent is revocable in any time online or by e-mail.

4.3. roomchooser reserves the right to save user data in order to monitor compliance with these Terms and Conditions and Terms of Use and applicable law. In any case, the IP address, the e-mail address given at the time of registration and other data entered by the user in the profile on a voluntary basis will be stored. However, roomchooser reserves the right to provide personal information to its agents and to the authorities within the scope of its legal obligations, insofar as this appears necessary for the pursuit of the interests of the operator or for the performance of the statutory duties of the respective authority within the scope of its legal powers. In addition, personal data will not be disclosed to third parties, in particular advertising partners.

4.4. The privacy policy can be found here.

5. Liability

5.1. roomchooser assumes no liability for the correctness, quality, completeness, reliability or credibility of the content. Especially for the listed room information posted by accommodations.

5.2. All room booking contracts made on roomchooser.com represent contracts between the user and the respective accommodation. In particular, roomchooser occurs at any time as an organizer or travel agency. Only the general terms and conditions of the respective accommodation company apply. roomchooser remains unaffected by any contractual arrangements, agreements and demands between the user and the respective accommodation.

5.3. roomchooser does not check the accuracy of the content provided by the accommodation or users. roomchooser has no influence on these data (in particular pictures, comments, evaluations, etc.). The publication of user content on roomchooser.com does not constitute a statement of opinion by roomchooser, especially roomchooser does not endorse this content.

5.4. roomchooser does not guarantee the proper operation at all times or the uninterrupted usability or availability of the service. In particular, roomchooser is not liable for disruptions in the quality of access to the service due to force majeure or due to events that roomchooser is not responsible for. Furthermore, roomchooser is not liable for an unauthorized access of personal user data by third parties (for example, by unauthorized access by "hackers").

5.5. roomchooser assumes no liability for the correct and timely forwarding of requests from users to accommodations.

5.6. roomchooser assumes no liability for damages caused by the use of roomchooser.com. Liability is excluded with the exception of damage caused by intent or gross negligence, as well as any damage to life and health through the use of roomchooser.com.

6. Responsibility and obligations of the user

6.1. The user must ensure the accuracy and completeness of the information provided about him. Changes to user data must be communicated by the user immediately by updating his profile.

6.2. The user agrees to register and use only one user account.

6.3. The user is obligated to treat the logins and passwords required for the use of roomchooser.com confidentially and to inform roomchooser immediately about any (suspected) breach of security or misuse. He is responsible to both roomchooser and third parties for the use of his user account. The use of an user account by several users is generally not allowed.

6.4. The user is solely responsible for the content and information he provides to roomchooser. The user assures that the given data is true. This applies in particular to information provided about accommodations and their rooms, including photos, reviews and comments, as well as travel reports. Deliberate and / or fraudulent intent may result in civil action.

6.5. The user confirms that he owns all copyright, trademark and intellectual property rights of all provided information.

6.6. roomchooser reserves the right to edit or remove any information that is flawed or incomplete, intervenes or infringes any third-party copyright, trademark or other intellectual property rights.

6.7. The user assures that he uses the roomchooser services exclusively for private purposes, has no business intentions and does not use the data for commercial or advertising purposes. It is not allowed to process content automatically (for example, by a program or by mere copying). Also prohibited is the use of computer programs for the automatic processing of roomchooser.com, such as crawlers.

6.8. The user undertakes to indemnify roomchooser against any kind of lawsuits, damages, losses or claims that may arise through its registration and / or participation in this service if the user has acted culpably. This applies in particular to damage due to libel, the failure of services for other users, a violation of these terms and conditions and terms of use, to infringement of intellectual property or other rights.

6.9. Furthermore, each user agrees not to misuse the service, in particular:

• Not to distribute any immoral, offensive or otherwise objectionable content or photos;
• not to post content that violates the rights of third parties, in particular copyrights;
• to refrain from posting content that otherwise violates applicable law or constitutes a criminal offense;
• to refrain from posting evaluations if he has no specific connection to the assessed object;
• not to provide any ratings that are untrue or intentionally untrue, or to use the service to distribute any defamatory, offensive or otherwise unlawful material or information;
• not to provide content for the purpose of collecting or using personal data from other users, in particular for business purposes;
• not to upload any data that contain
  • a virus (infected software) or
  • software or other material that is protected by copyright, unless the user has the rights thereto or the required consents;
• not to use theservice in a manner that adversely affects the availability of the services to other Users;
• not to make inquiries to accommodations for any purpose other than an intended travel and in particular to refrain from advertising or offering goods or services to other users, for example in travel reports (except in cases where this is expressly permitted by roomchooser);
• not to send inquiries for a commercial purpose;
• not to send surveys or chain letters;

6.10. Failure to comply with any of the behavioral obligations referred to in paragraph 6.9 may lead to the following sanctions: solicitation of an opinion in case of suspicion of breaches of contract or law, blocking of use until clarification of facts, warning of a user, (partial) deletion of content. Failure to comply with the obligations under paragraph 6.9 may also lead to immediate termination of the contract as well as civil and criminal penalties for the user.

6.11. In the event of a violation of these General Terms and Conditions and Terms of Use, roomchooser further reserves the right to remove content from users without giving reasons and to exclude users permanently from roomchooser.com.

7. Usage restriction

7.1. Blockages may be permanent or temporary at the discretion of roomchooser. Likewise, blockages may extend to one or all areas of roomchooser.com.

8. Communication

8.1. Notifications of roomchooser to its users are made via roomchooser.com after logging in or by e-mail. User communications to roomchooser may be made by e-mail through the addresses listed on  roomchooser.com or through the contact form on roomchooser.com.

9. Usage and copyrights

9.1. roomchooser is, in relation to the user, sole owner of reproduction, distribution, processing and all copyrights as well as the right of intangible transmission and reproduction of roomchooser.com as well as the individual content contained therein. The use of all programs and the content, materials, brand names and trade names contained therein is only permitted for the purposes stated in these terms and conditions and conditions of use.

10. Modification clause

10.1. roomchooser reserves the right to change or extend these terms and conditions at any time. Any change or addition will be posted o roomchooser.com or by e-mail to the user at least two weeks prior to entry into force.

11. Other

11.1. The user can access the current terms and conditions and conditions of use at any time on roomchooser.com.

11.2. Should one or more provisions of these conditions be or become completely or partially void or inexecutable, it shall not affect the validity of the remaining provisions of it. In addition, the statutory provisions apply.

11.3. roomchooser is entitled to entrust third party service providers and vicarious agents with the provision of parts or the entire range of services, provided that this does not cause any disadvantages for the user.

11.4. As part of the conclusion of the contract there is no automatic storage of these general terms and conditions and conditions of use by roomchooser. At the time of conclusion of the contract the user is therefore required to store the the respectively valid general terms and conditions and terms of use, accessible on roomchooser.com, on his hard drive or to archive in any other way.

11.5. The applicable legal provisions apply exclusively in accordance with Austrian law. Even if the user is abroad or uses roomchooser.com outside of Austria. For any disputes, only the local jurisdiction of the competent court for the office of roomchooser, Vienna, as agreed.