These general terms and conditions shall apply to services provided by Tripmakery GmbH (hereinafter referred to as “Tripmakery”) for travel groups. Travel groups within the meaning of these general terms and conditions are consumers and entrepreneurs within the meaning of section 1 Austrian Consumer Protection Act (KSchG).
2.1. Tripmakery provides an online intermediary platform for travel groups (www.tripmakery.com), which mediates accommodation contracts between travel groups and accommodation providers (eg hotel, motel, bed & breakfast etc).
2.2. The travel group announces its travel wishes via the online intermediary platform by completing the information fields and providing contact details. By clicking the button "request free of charge", the request is completed and at the same time an offer to conclude a contract free of charge with Tripmakery on the mediation of an accommodation contract with an accommodation provider is submitted.
2.3. Tripmakery shall forward this request to appropriate accommodation providers who will subsequently submit a binding booking offer (on the conclusion of an accommodation contract) to Tripmakery if capacities are available. This booking offer shall immediately be forwarded to the travel group, which will result in the conclusion of the mediation contract between Tripmakery and the travel group.
2.4. The mediation of an accommodation contract with an accommodation provider is not commissionable for the travel group.
2.5. Tripmakery does not owe successful mediation.
3.1. The booking offer of the accommodation provider described in point 2.3 of these general terms and conditions constitutes a binding offer to conclude an accommodation contract. The accommodation contract shall be concluded once the travel group has accepted the accommodation provider's offer forwarded by Tripmakery by clicking the "make a binding booking" button. After the conclusion of the accommodation contract, Tripmakery shall immediately forward the contact details of the travel group to the accommodation provider.
3.2. The travel group shall acknowledge that the accommodation contract is binding after clicking the "make a binding booking" button and thus – unless the accommodation provider provides for a right of withdrawal – there is no right of withdrawal.
3.3. The accommodation contract shall exist directly and exclusively between the travel group and the accommodation provider. Tripmakery shall not act as a tour operator through the online intermediary platform, but solely as an intermediary of the accommodation contract.
3.4. The accommodation provider shall provide its general terms and conditions at the same time as the offer to conclude an accommodation contract. By accepting the offer to conclude an accommodation contract with the accommodation provider, the travel group accepts the general terms and conditions of the accommodation provider.
3.5. Other agreements between the travel group and the accommodation provider do not affect these general terms and conditions.
4.1. Since Tripmakery does not become a contractual partner of the respective accommodation contract, the accommodation provider is the sole contractual partner of the travel group with regard to the handling of the accommodation contract and in case of queries regarding the accommodation contract.
4.2. The travel group shall claim all rights arising out of the concluded accommodation contract as well as the agreed general terms and conditions directly against the contracting party (accommodation provider).
4.3. The withdrawal from the accommodation contract shall be declared to the respective accommodation provider. Tripmakery recommends to take out a travel cancellation insurance due to cancellation fees the accommodation provider usually charges when withdrawing the accommodation contract.
5.1. Tripmakery shall strive to ensure the accuracy of the information provided on the online intermediary platform and the provided information about appropriate accommodation providers, and created the content of the online intermediary platform and the respective booking offers with the utmost care. With regard to the free (commission-free) provision of information, the quantity of data and the existing security risks on the internet, it is impossible to avoid errors, infringements or oversights completely. The booking offers forwarded to the travel group are based solely on the information provided by the accommodation providers. Tripmakery cannot verify this information for accuracy nor guarantee that it is accurate and complete. Tripmakery shall therefore not be liable for the accuracy, completeness or topicality of this information from accommodation providers.
5.2. Tripmakery shall not be liable for the availability of accommodation at the time of booking.
5.3. If the travel group is a consumer within the meaning of section 1 KSchG, the liability of Tripmakery is excluded for slight negligence.
5.4. If the travel group is an entrepreneur within the meaning of section 1 KSchG, the liability of Tripmakery is excluded for slight and gross negligence. In this case, the travel group bears the burden of proving fault.
5.5. In both cases consequential, intangible or indirect damages and lost profits shall not be reimbursed.
6.1. Tripmakery set the protection of the data provided by the travel group as part of the mediation of the accommodation contract as the highest priority.
6.2. Tripmakery collects, processes and uses only such personal data, which are necessary to provide the services of Tripmakery, the use and operation of the online intermediary platform.
7.1. The place of performance for all obligations arising out of the mediation contract shall be the registered seat of Tripmakery in Vienna.
7.2. These general terms and conditions are governed by Austrian law to the exclusion of its conflict of law rules as well as the UN Convention on the International Sale of Goods (CISG).
7.3. For all disputes arising out of or in connection with these general terms and conditions, the competent court at the registered seat of Tripmakery shall be exclusively competent.
7.4. Should one of the provisions of these general terms and conditions be ineffective or become invalid, the validity of the remaining provisions shall not be affected thereof. The invalid provision shall be replaced by a provision that come closest to the essential purpose of the invalid provision. This applies mutatis mutandis in the case of loopholes in these general terms and conditions.