§1 General Information
(1) The User enters into agreement with CA Customer Alliance GmbH, hereafter referred to as “Customer Alliance”, Ullsteinstr. 130 Tower B, 12109 Berlin. Further contact details and Commercial Register data, as well as the name of an authorized representative, can be found under Imprint.
(2) Customer Alliance renders services exclusively on the basis of the conditions stated herein. These conditions are valid for all future business dealings, even when not expressly agreed upon again.
§2 Object and Purpose of Agreement
(1) The agreement between Customer Alliance and the User shall arise from the sending of the Order Form. Alternatively, the agreement shall arise through the signing of a written contract or the sending of an order confirmation.
(2) The services of Customer Alliance are open only to legal entities and to commercial entities with unlimited capacity.
(3) Object of the agreement is the use of Customer Alliance’s services. Customer Alliance’s services offer hotels, guest houses, vacation apartments, vacation homes, and similar businesses the possibility to enable guest ratings of their business and services and to show these ratings on the business’ website. Ratings of fewer than three points will be held in a reconciliation process for 14 days, during which time the User may make contact with the rater before publication. In addition, Customer Alliance offers the possibility to create customer surveys and to send surveys to guests. In order to send emails, the User must enter the required data into the software.
(4) Customer Alliance may change or alter the appearance of its websites and graphics at any time. Customer Alliance may perform updates on its software and, in so doing, enhance or otherwise modify its existing services.
(5) The User recognizes that 100% availability of Customer Alliance’s services is technically impossible to guarantee. Customer Alliance does, however, strive to offer the highest possible level of availability. In particular, work and maintenance performed in the interest of improving wait time, security, and capacity may result in short-term disturbances or temporary unavailability in the service.
(6) The User may use Customer Alliance’s software to process data only insofar as the User has legal permission to do so.
§3 Costs and Payment
(1) Details of the various service packages and the costs of the respective packages can be found on the Customer Alliance website as well as in the User’s finalized contract.
(2) Payment for the service packages is due upon invoicing and can be made according to the payment methods offered. Should payment, despite Customer Alliance’s performance of contractual services as per agreement, not be made, particularly in the case of a direct debit payment that cannot be covered, the User will be responsible for any and all additional costs that may result.
(3) Customer Alliance makes all invoices available for download from its website for a period of at least one year.
(4) Customer Alliance may, in order to effect payment of services, use the services of trustworthy third parties:
1. Should a third party become involved, the payment to Customer Alliance will be made only when the amount stipulated by the third party is made available, so that the third party has unlimited disposal of it.
2. Upon default of payment, Customer Alliance may make a claim to a debt collection agency and may transmit to this third party the personal information required in order to carry out the claim.
§4 Termination of Agreement
(1) Both the User and Customer Alliance have the right to terminate the agreement without cause by giving notice of termination at least ten business days before the end of the minimum term of service or before the end of the extended term of service. If no termination is effected, then the agreement will be automatically renewed for a term equal to the previous one. This provision does not affect the right of either party to terminate the agreement with due cause.
(2) The termination can be made at any time by fax or by post.
§5 Liability
(1) Customer Alliance is liable for claims based on gross negligence, malicious intent, or deceit on the part of Customer Alliance, its employees, or its agents.
(2) In the case of ordinary negligence, liability is limited to losses of a foreseeable, naturally arising nature.
(3) Customer Alliance cannot be held responsible for negative ratings, for any breakdown in the reconciliation process, or for any stagnation or decline in sales. Problems resulting from installation, possible server failure, and events resulting from same are excluded from liability.
§6 Data Protection
(1) Customer Alliance heeds German Data Protection Laws and European Data Protection Guidelines and, specifically, does not supply unauthorized data to third parties.
(2) Further information can be found in our Data Protection Clauses.
§7 Final Provisions
(1) Customer Alliance may, without cause, alter these Terms and Conditions, unless doing so would be unreasonable for the User. Customer Alliance shall notify the User of changes to the Terms and Conditions in a timely fashion. Should the User not contest the validity of the new Terms and Conditions within two weeks of notification, this shall be considered to constitute User acceptance of the altered Terms and Conditions. Customer Alliance will notify the User of the User’s right to contest and of the time limit for contesting.
(2) The place of fulfillment is the legal domicile of Customer Alliance.
(3) The place of jurisdiction is, as far as allowed by law, the legal domicile of Customer Alliance.
(4) German law holds under exclusion of International Private Right and the UN Convention on Contracts for the International Sale of Goods, as acceded to in German law.
(5) Should individual provisions of this agreement be invalid or contradict legal provisions, the agreement will in all other respects remain unaffected.
The English version of the Terms and Conditions is a courtesy translation of the original German legal text.