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Drawn up in January 2015
These Terms and Conditions shall apply as between Okanda AG (hereinafter referred to as “Okanda”) and the users of Okanda’s on-line portal (hereinafter referred to as the “Customer”). Okanda shall arrange contracts for the letting of conference, banquet and function rooms (hereinafter referred to as “Conference Rooms”) between the Customers and various service providers - hotels, event organisers, etc. - (hereinafter referred to as the “Venue”) to carry out events such as banquets, seminars, conferences, fairs and presentations as well as for all other services provided in this connection (e.g. renting out conference equipment, catering, conference package deals).
2.1. Okanda will exclusively act on the basis of a contract for intermediary services between Okanda and the Customer. When the booking order is sent, the contract for intermediary services between Okanda and the Customer is formed, irrespective of the actual conclusion of a contract with the selected Venue.
2.2. Okanda will confirm the Customer’s booking request by e-mail. The relevant contract for accommodation and/or service will exclusively be formed between the Venue and the Customer. Okanda shall exclusively provide intermediary services and does not act as a tour operator. The arranged services are exclusively provided by the Venue concerned.
2.3. The prices and availabilities recorded on Okanda are entered into Okanda’s on-line portal by the Venue concerned and do not claim to be exhaustive. However, it is always possible that the offered capacities of the Venue are booked in the meantime; this shall not affect the contract for intermediary services between Okanda and the Customer. Only the services and terms offered by the Venue through Okanda’s on-line portal shall be decisive for the conclusion of a contract.
2.4. The contractual relationship between the Customer and the Venue shall be subject to the General Terms and Conditions of the Venue concerned, which may be requested from Okanda at any time or viewed on the website of the Venue concerned. In so far as services of foreign Venues are arranged, foreign law may be applicable to these contracts.
3.1. The intermediary services are provided free of charge for the Customer. Okanda will exclusively act on behalf of the Customer.
3.2. The form of payment for the services provided by the Venue shall be agreed between the Customer and the Venue.
4.1. The Special Terms for Cancellations/Rescission and Changes in Booking shall apply as between the Customer and the Venue. They can be viewed at www.okanda.com.
4.2. Cancellations (rescission) and changes in booking as regards services of the Venue that have been booked must be effected at www.okanda.com in the customer area provided for this purpose. Receipt by Okanda shall be the decisive factor as regards timeliness of the declaration.
5.1. Okanda shall not be liable for availability of the individual services at the time of booking or for the provision of the booked service.
5.2. Within the limits of its intermediary services, Okanda shall only be liable for any damage incurred, on whatever legal grounds, in the following cases:
5.2.1. Unlimited liability according to the legal provisions for warranted qualities and in the case of gross negligence or intent.
5.2.2. Liability shall be excluded in the case of slight negligence on the part of Okanda or engaged vicarious agents, in so far as no material contractual obligation was breached, nor a case of initial inability to perform, impossibility or default is concerned. Otherwise, liability shall be limited to the value of the booked service; however, in any case, it shall be limited to the foreseeable and typical damage.
5.3. Descriptions and scope of the service of the Venues are provided by the Venue concerned on its own responsibility. Okanda will not examine the content for completeness and accuracy. Errors in the description by the Venue shall not give rise to liability on the part of Okanda. The Venue concerned shall be the sole contact in this regard.
The personal data of the Customers are collected electronically, saved, processed, transmitted to the Venue concerned and used in so far as this is required for the performance of the contract. Okanda shall ensure that it does not perform any acts in the performance of the contract for intermediary services which violate existing data protection provisions. Further information on data protection can be found in the data protection provisions of this website.
7.1. Okanda regularly checks and updates the information on these webpages. Despite all the care taken, the data may have changed in the meantime. Therefore, no liability or guarantee can be accepted or given for the up-to-dateness, accuracy and completeness of the information. The same goes for websites to which reference is made via a hyperlink. Okanda is neither responsible nor liable for the content of the websites reached via such a link. Okanda reserves the right to terminate links or related programs at any time. Furthermore, Okanda reserves the right to make changes or additions to the information provided at any time.
7.2. A link to the webpages of Okanda may only be established if it refers to the homepage www.okanda.com (no deep links) and if none of Okanda’s rights are infringed thereby, in particular copyrights, ancillary copyrights or rights relating to official identification marks.
7.3. The content and structure of Okanda’s webpages are protected by copyright. All rights are reserved. Information or data (text, picture, graphic, sound, video or animation files) on Okanda’s webpages may in particular not be used or utilised in any way, not even in extracts, without the prior written consent of Okanda.
7.4. The pictures, logos and texts used on Okanda’s webpages are protected. It is not permitted to use same without the prior written consent of Okanda.
7.5. The right to use Okanda’s website only exists within the limits of state of the art. Okanda reserves the right to restrict access to the website temporarily if this is required with regard to capacity limits, security or integrity of the server or in order to carry out technical measures and if this serves the proper or improved provision of services (e.g. in the case of maintenance).
7.6. Only end customers are entitled to use the services of Okanda. Any commercial use of the services of Okanda is expressly prohibited.
8.1. Should individual provisions of this contract prove to be ineffective or unenforceable, this shall not affect the validity of the other provisions of the contract. The legal provisions – in so far as these exist – shall replace the ineffective parts of the contract. Furthermore, the parties undertake to agree an effective provision which comes as close as possible to the agreement originally intended.
8.2. German law shall apply. If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of the contractual relationship between the Customer and Okanda shall be Wiesbaden.