• 1.1 The Provider shall make available upon payment of a subscription as per the current price list a hotel database at MYNEWHOTEL.COM and MYNEWHOTEL.COM, in which hotel companies and individual hotels (hereinafter the Advertiser(s)) are able to present their properties by means of text and images. Interested parties have free access to these internet advertisements (exposés). Visitors to the site can be directed by a hyperlink from the Advertiser's exposé to his website.
• 1.2 Upon payment of the subscription, the Advertiser shall be given access, by way of a password, to the Advertisers' area, where he can enter his offering in the Provider's hotel database.
• 1.3 As a general rule, the hotel database is available to registered users 24 hours a day. The Provider reserves the right, however, to restrict the operating hours - if necessary for technical reasons (e.g. for maintenance purposes) - to a reasonable extent or to suspend access temporarily. Advertisers cannot assert a claim to the uninterrupted availability of the hotel database.

2. Conditions of use for Advertisers

• 2.1 In order to use the platform, the Advertiser requires internet access and all the software and hardware necessary for online access, the cost of which he is to bear himself.
• 2.2 The inclusion of the Advertiser in the database can be subject to various conditions, as set forth and described in the registration form. The Provider reserves the right to revise said conditions if applicable. Membership is limited in time as a general rule in view of the site's "new" claim.
• 2.3 Advertisers register exclusively online by way of a registration form.
• 2.4 Use of the Provider's services shall be subject to the prices contained in the price schedule at the time of registration. If the subscription is extended as per Clause 6.2, the price applicable on the final possible termination date before the extension shall apply for the extension period. The prices indicated in the price schedule include statutory value-added tax at the current rate of 19%. Changes in value-added tax are reserved.
• 2.5 The Advertiser agrees to the Provider publishing the data entered under the internet address MYNEWHOTEL.COM on other and future internet platforms of the Provider or its joint venture partners. The Provider shall not be obliged, however, to publish said data on such sites.
• 2.6 The membership is non-transferable. The Advertiser is not allowed to print, duplicate, distribute, reproduce, permanently to store or to disclose to third parties offerings contained in the database. In other respects, the legal restrictions arising from copyright law, data protection law and other applicable statutory provisions apply.

3. Advertiser's duties

• 3.1 The Advertiser undertakes to furnish truthful, complete and current information on the hotels he is presenting. The Advertiser shall be solely responsible for the content and accuracy of the published data.
• 3.2 The Advertiser is allowed to use the granted password-protected authority to use the internet platform only for himself. The Advertiser undertakes to treat the user name and password in confidence, not to make same accessible to third parties, and to protect same against access by third parties. If a third party obtains knowledge of the Advertiser's user name and/or password, the Advertiser shall be obliged to notify the Provider hereof without undue delay. In this event, the Provider shall block the name and password and issue the Advertiser with a new name and password, provided that the Advertiser demonstrably was not responsible for the third party obtaining knowledge. The Advertiser shall be exclusively and solely liable for damage caused by misuse.
• 3.3 The Advertiser guarantees that he holds all the rights required for publication of the hotel advertisement. The Advertiser grants the Provider for the duration of the order, without regional limitation, all licences, ancillary copyright and other rights in all known formats (e.g. HTML, WAP, SMS) required to use and publish his hotel advertisement on the internet, including all multimedia exploitation formats. This shall include, in particular, the right to duplicate, distribute, market, transmit and/or publicly communicate, to process and edit for online distribution and to commit and/or retrieve data to and from the databases. The Advertiser undertakes not to present any data on the platform whose content infringes third-party rights, in particular the exclusive rights of third parties, or violates applicable law or the purpose of the contract.
• 3.4 If the Provider or its technical service provider executes inputs, in the sense of manual inputs, data imports or replications, on behalf of the Advertiser, the Advertiser shall be responsible for the accuracy of such data. He shall continuously ensure, by performing checks, that the data concerning his properties have been properly recorded and are current. The Provider cannot give a binding commitment as regards the completion date for manual imports, data imports or replications executed on behalf of the Advertiser.

4. Liability

• 4.1 The Provider shall not be liable to users of the website for the accuracy of the information furnished by the Advertiser or for the proper performance of a hotel contract brought about by an offer on the Provider's internet platform. The Provider shall likewise not be liable if the content entered by the Advertiser or content to which reference is made by way of a link violates applicable law or the purpose of the contract, or infringes third-party rights, in particular the exclusive rights of third parties.
• 4.2 If third parties assert claims against the Provider on the basis of improper information furnished by the Advertiser within the meaning of Clause 3.1, or because of an infringement of rights within the meaning of Clause 3.3, the Advertiser shall be obliged to exempt the Provider upon first request from all such claims - irrespective of their cause in law - and from the cost of a necessary legally defence.
• 4.3 The Provider shall not be liable for the loss of data and programs, or for the suspension of publication brought about by force majeure or the interruption of operations, in particular temporary disruptions and failures of technical infrastructure and transmission interruptions.
• 4.4 The Provider shall be liable only for intent and gross negligence, excepting the infringement of material contractual obligations. In case of slight negligence, the liability shall be restricted to the foreseeable loss to be anticipated in the context of the contract.

5. Data protection

• 5.1 The Provider and Advertiser undertake to comply with the provisions of data protection law, in particular the Teleservices Data Protection Act (TDDSG) and the Federal Data Protection Act (BDSG).
• 5.2 The Advertiser agrees to the Provider processing and using his data within the framework of the contract's purpose. Personal data of the Advertiser are to be placed at the disposal of third parties only if necessary for the purpose of settling accounts for services rendered. Personal data can be used beyond this purpose only with the Advertiser's express consent. Such consent can be revoked at any time by e-mail or fax.
• 5.3 Personal data shall be transmitted to FIRSTGATE Click&Buy by way of an SSL-encoded connection. The SSL (Secure Socket Layer) security protocol facilitates secure communication via the internet.
• 5.4 The Provider draws the attention of the Advertiser to the possible processing of his data, even without his consent, in states beyond the scope of application of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (Official Journal L 281, page 31).

6. Blocking / termination

• 6.1 The duration of the contract is limited in time as a general rule. The limit is imposed according to the various durations offered the Advertiser upon registration.
• 6.2 The Provider reserves the right to refuse membership of the hotel database. In case of misuse of the access authority or other serious breach of the Provider's Standard Business Conditions, the advertisement can be terminated without notice. In such an event, paid fees shall not be reimbursed. The Provider is further entitled to terminate without notice if the Advertiser infringes his duties arising from Clause 3. In such cases, MyNewHotel reserves the right not to publish the offered hotels and to delete hotels that have already been included. Such misuse refers in particular to:
  • Information concerning a new opening and/or the opening date
  • Information concerning the hotel's geographical location
  • Information concerning opening prices/special offers
  • Information concerning the category and/or furnishing of the hotel
  • Redirecting interested parties to chargeable telephone numbers, such as 0190 numbers
  • Information that violates applicable laws
• 6.3 The Provider is entitled to revise its conditions of use to the exclusion of Advertisers being able to assert claims based on such a revision.

7. Closing provisions

• 7.1 The law of the Federal Republic of Germany shall apply exclusively.
• 7.2 The venue shall be Cologne, provided that the Advertiser is a merchant (Kaufmann) within the meaning of the German Commercial Code (HGB). If the Advertiser does not have a general venue in Germany, the courts at the Provider's general venue (Cologne) shall be agreed as having jurisdiction.
• 7.3 The hotel database of the Provider, MYNEWHOTEL.COM, shall be used exclusively on the basis of the present Standard Business Conditions. Contrary standard business conditions shall not be binding save as agreed in writing with the Provider.
• 7.4 The Provider is entitled to revise and/or amend the present Standard Business Conditions according to amended conditions of use. The current Standard Business Conditions as revised from time to time, as published on the MYNEWHOTEL.COM website, shall apply.
• 7.5 If a provision of the contract or Standard Business Conditions is invalid, this shall not affect the other provisions. In such an event, the parties shall agree on a legally valid ruling corresponding closest economically to their intent. The same shall apply mutatis mutandis to a gap in the provisions.