Terms and Conditions (B2B)
Last modified: March 1, 2015
1.1. Michael Sicher, hereinafter mentioned as roomchooser, operates the online platform roomchooser.com (including other top-level domains such as roomchooser.at), hereinafter mentioned as roomchooser.com only, and provides information about accessible travel, and particularly about accessible Accommodation.
1.2. roomchooser allows the Accommodation to enter their information, in particular regarding its accessible rooms, on roomchooser.com.
1.3. roomchooser forwards room requests by users to the Accommodation.
1.4. roomchooser is only an information platform. The booking contract is concluded directly between the Accommodation and the user. Any related claims such as warranty, claims for damages and similar are therefore to be settled exclusively between the two above-mentioned parties.
1.5. These conditions apply to all current and future services that the roomchooser provides towards the hotel, even if no explicit reference is made to them in the contract in individual cases.
1.6. Individual agreements shall prevail over these terms.
1.7. If roomchooser is established in another legal form in which Michael Sicher is involved, the contract, together with all rights and obligations, is transferred to the new legal entity.
1.8. Terms and conditions of the Accommodation only apply if they have been acknowledged in writing by roomchooser.
2. Scope of services
2.1. The exact scope of services of roomchooser is set out in the relevant agreement with the Accommodation. roomchooser will ensure the provision and availability of services.
2.2. roomchooser is entitled to select the facilities used to provide the services at its discretion.
2.3. If roomchooser provides third-party services on the request of the Accommodation, these contracts shall be exclusively between the Accommodation and the third party, and subject to the respective terms and conditions of the third party. roomchooser is only responsible for the services it itself provides.
3. Obligations of the Accommodation
3.1. The Accommodation agrees to fulfil the following basic requirements for listing on roomchooser.com:
3.1.1. The Accommodation and its rooms listed on roomchooser.com can be accessed without stairs (use of portable ramps is possible, with reference made to it);
3.1.2. The doors in the Accommodation, leading to and in the rooms listed on roomchooser.com have an inner width of at least 80 cm;
3.1.3. The corridors from the entrance leading to the rooms listed on roomchooser.com have a clear width of at least 120 cm;
3.1.4. At least one lift (if available) for the rooms listed on roomchooser.com has an internal dimension with a minimum width of 110 cm and a minimum depth of 140 cm. The lift door has a inner width of at least 90 cm;
3.1.5. The sink in the bathroom in the rooms listed listed on roomchooser.com has a ground clearance of at least 70 cm for wheelchair access; and
3.1.6. The shower in the rooms listed on roomchooser.com has no threshold (roll-in shower).
3.2. Information provided by Accommodation for use on roomchooser.com includes details about the accommodation (in particular their rooms) and correspond to the formats (for example, minimum resolution of photos) and standards (for example, terms from checklists) of roomchooser.
3.3. The Accommodation is committed to provide all required information on roomchooser.com. Notably all photos required for the listing.
3.4. If the Accommodation does not provide the necessary information or does not provide it in the required formats and standards of roomchooser, the services provided by roomchooser shall, however, be considered provided to be in conformity with the contract.
3.5. The Accommodation undertakes to ensure that the information about the accommodation is at all times true, accurate and not misleading. The Accommodation is responsible at all times for the accuracy and currency of the information of services and confirms that the respective photos were taken in the listed room actually. roomchooser does not assume any audit role, but reserves the right to release the listing of accommodation only after the information has been verified.
3.6. The Accommodation confirms that it owns all copyright, trademark and intellectual property rights of all information provided.
3.7. roomchooser reserves the right to edit or remove information that is incomplete or incorrect, intervenes in foreign copyright, trademark, or other intellectual property rights, or breaches these terms and conditions or the contract.
3.8. The accommodation is fully responsible for the content of their website, to which roomchooser.com establishes a connection (link). It shall be liable for breach of laws or boni mores. roomchooser assumes no duty to audit, but reserves the right not to link content violating applicable law or boni mores or to terminate the contract extraordinarily.
3.9. Unless otherwise agreed with roomchooser, the Accommodation edits all the information about the Accommodation and their rooms directly and online on roomchooser.com. roomchooser reserves the right to release information on roomchooser.com only after checking it.
3.10. The Accommodation is committed to responding to user messages forwarded via roomchooser within 24 hours.
3.11. Complaints and claims regarding the Accommodation (or the products offered, modified or made available or services supplied by the Accommodation) or special inquiries of the guest are handled by the appropriateAccommodation without mediation or collaboration with roomchooser. roomchooser is not responsible for such claims by guests and rejects any liability in this regard.
3.12. The Accommodation shall additionally preserve the information passed to roomchooser, especially photos, so that these can be reconstructed at any time if lost or damaged.
3.13. The Accommodation shall keep the log-ins and passwords required for the use of roomchooser.com confidential and shall inform roomchooser about every (suspected) security breach or misuse. For this purpose, the Accommodation shall take appropriate measures for data protection.
3.14. Unless otherwise agreed, supplies and cooperation from the Accommodation are not charged for.
4. Guest reviews, (online) marketing, ranking
4.1. The user of roomchooser.com has the option of assessing Accommodation, particularly a room, including using photographs taken by him, and to comment on it. The Accommodation has no influence on the nature, scope and content of these reviews, comments or photos. It acquires no rights to it. In particular, it has no right to insist on the deletion of reviews, comments or photos, unless it is proven to be false or maliciously registered content, or the statutory provisions stipulate otherwise.
4.2. roomchooser reserves the right to publish the reviews, comments and photos on roomchooser.com. The Accommodation and its parent company take note that roomchooser is only a distributor and not the author of these comments, reviews, and photos. For roomchooser, there is no obligation to check the correctness of such material.
4.3. roomchooser allows the Accommodation the right to reply directly to reviews and comments supplied by users on roomchooser.com under their user name. roomchooser will not conduct any discussions and negotiations, and no correspondence with Accommodation with regard to the content or the consequences of publication or dissemination of the reviews, comments or photos.
4.4. roomchooser is not responsible for and shall not be liable for the content and consequences of the publication or dissemination of the reviews, comments or photos.
4.5. Reviews, comments and photos are intended for exclusive use by roomchooser and can be published on websites, to which roomchooser makes them available. roomchooser has the exclusive ownership of all intellectual property of reviews, comments, and photos. The Accommodation is not entitled to publish, to copy or otherwise use reviews, comments or photos without prior written permission supplied by roomchooser.
4.6. The sequential order (ranking), in which the various Accommodation appears on roomchooser.com is generated automatically and exclusively by roomchooser.
4.7. The Accommodation is not able to assert claims against roomchooser with regard to the rankings.
5. Representations and warranties
5.1. The Accommodation assures and guarantees roomchooser that the Accommodation possesses all the necessary rights, powers, and the power of attorney to use, to operate, to possess (if applicable) to (sub-) license (a) the relevant accommodation, and (b) the intellectual property, as it is presented or used in the information services on roomchooser.com and to make them available from roomchooser on roomchooser.com
5.2. roomchooser assumes no liability towards the Accommodation in connection with a failure (temporary and/or partial), interruption, failure of use, malfunctioning or non-availability of roomchooser.com.
5.3. roomchooser assumes no liability for the correct reproduction of the listing on roomchooser.com, unless roomchooser is guilty of intent or gross negligence.
5.4. roomchooser has the right to temporarily decommission roomchooser.com for necessary maintenance work or for safety reasons.
6. Liability and compensation
6.1. roomchooser accepts no liability regarding the Accommodation for incorrect or unsuccessful exchange of room requests made by its users.
6.2. The Accommodation undertakes to indemnify roomchooser and hold it harmless in relation to all claims for damages from our guests regarding incorrect, flawed or misguiding information regarding Accommodation on roomchooser.com.
6.3. Compensation claims lapse as per the statutory provisions, but no later than at the end of one year of knowledge of the damage and of the infringer.
6.4. roomchooser shall take all reasonable measures to protect the stored information relating to the Accommodation against unauthorized access by third parties. roomchooser is, however, not responsible if third parties nevertheless unlawfully gain access to the data and information.
7. Compensation for paid listings and services
7.1. The compensation to be paid by the Accommodation and conditions are based on the relevant contract. The legally stipulated VAT will be charged additionally.
7.2. Unless otherwise contractually agreed, the fees are charged annually in advance and regardless of whether or not the Accommodation provides the necessary data for listing. The invoices, including VAT, submitted by roomchooser are payable no later than 14 days after receipt of the invoice without any deduction and free of charge. For part payments, the payment terms set for the total order apply analogously. A payment is considered completed on the day on which roomchooser has at its disposal. If the Accommodation is in arrears with its payments, roomchooser is entitled to charge the statutory default interest and all costs necessary for collection. If the delay caused by the Accommodation exceeds 30 days, roomchooser has the right to discontinue all services. roomchooser is also entitled to make applicable immediate compensation for all services already provided notwithstanding any payment deadlines.
7.3. roomchooser is entitled at any time to increase its prices after written announcement with a notice period of six weeks. The increase in price is applicable at the start of the new calendar year. This type of price increase produces an extraordinary right of termination of the contract within a period of 14 days after the announcement of the price increase.
7.4. All possible payment debts resulting from the contractual relationship, such as legal business fees, shall be borne by the Accommodation.
8. Force majeure
8.1. If obligations cannot be fulfilled on time or properly due to force majeure such as war, terrorism, natural disasters, fire, strike, lockout, embargo, governmental intervention, power supply failure, failure of transportation, failure of telecommunication networks or data lines, changes in the law after the conclusion of the contract or any other non-availability of products, this does not constitute a breach of contract.
9. Duration of the contract
9.1. Each contractual party is entitled to extraordinarily terminate the contract prematurely and without notice for cause by means of a registered letter. Cause is given in particular if, despite written warning or threat of termination, the respective other contractual partner violates important obligations from the contract or applies for or initiates a bankruptcy or other insolvency process against the other contractual partner, or the same is refused due to lack of assets, or if the services supplied by the other contractual partner are hampered or prevented for a period longer than six months as a result of force majeure.
9.2. roomchooser is also entitled to extraordinarily terminate the contract for cause, and prematurely, if essential parameters of the provision have changed greatly and prematurely and roomchooser can therefore no longer be reasonably expected to continue the services from an economic point of view.
9.3. The following reasons constitute a material contractual breach and shall entitle roomchooser to terminate the contract extraordinarily and immediately:
(1) the Accommodation places incorrect or misleading information about the Accommodation on roomchooser.com;
(2) roomchooser receives one or more legitimate and serious complaints from one or more guests who have reserved the Accommodation;
(3) the evaluation process is misused by the Accommodation, insofar as the review on roomchooser.com does not reflect the honest opinion of a genuine stay of a true guest in the Accommodation;
(4) the Accommodation behaves illegally towards guests or employees of roomchooser;
(5) there are (alleged) risks relating to security, privacy or health in the accommodation or its facilities;
(6) the Accommodation demonstrably does not reply to room inquiries within 24 hours; or
(7) Delay in payment of 14 days with grace.
10.1. Changes and additions to the contract require the written form. This also applies to the abolition of this requirement of form.
10.2. 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. The invalid or unenforceable provision is to be replaced by a proper regulation, which best approximates the economic purpose of the invalid or inexecutable clause.
10.3. Any provision beyond the rights or obligations existing by virtue of the contract requires the prior written consent of the other contractual party. roomchooser is however entitled to transfer the contract to a company affiliated to the roomchooser legal group without the consent of Accommodation.
10.4. roomchooser is entitled to use third parties completely or partially for the fulfilment of its obligations.
10.5. Unless otherwise agreed, the applicable statutory regulations are valid exclusively under Austrian law, even if the order is executed abroad. Exclusively the territorial jurisdiction of the competent Court for the headquarters of roomchooser shall be deemed as agreed for any disputes.
10.6. The section 10.5 notwithstanding, roomchooser has the right to bring action, to initiate a court case, to raise a preliminary injunctive relief or a compliance action before a competent court at the location or seat of the Accommodation; in such a case, the law of the appropriate jurisdiction of the location or seat of the Accommodation is valid. For this purpose, the Accommodation waives any potential existing right to demand another jurisdiction or another applicable law.
10.7. The contract can be submitted online or as a PDF, which (as a copy) is regarded as the original and is valid and binding. The contract comes into effect only after written confirmation of the acceptance and approval of the Accommodation by roomchooser. By registering and logging in at roomchooser.com as Accommodation, the Accommodation agrees with the general terms and conditions, recognises them and accepts them. The agreement is valid, binding and legally enforceable without a stamp or seal.