These general terms and conditions shall apply to services provided by Tripmakery GmbH (hereinafter referred to as “Tripmakery”) for accommodation providers and shall be an essential part of the partner contract between Tripmakery and the accommodation providers (hereinafter collectively referred to as “Parties”, individually “Party”).
2.1 Tripmakery provides an online intermediary platform for travel groups (https://tripmakery.com/en-gb/) 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 "continue to offers", the request is completed.
2.3 Tripmakery forwards this request to appropriate accommodation providers and thus submits a binding offer to conclude the partner contract – if no contractual relationship is already in effect.
2.4 The accommodation providers will provide and submit a binding booking offer (on the conclusion of an accommodation contract) to Tripmakery if capacities are available. This offer shall be binding for a period of 14 days. With the transmission of this booking offer – if no contractual relationship is already in effect – the partner contract shall be concluded.
2.5 Tripmakery shall immediately forward the binding booking offer of the accommodation providers to the travel group.
3.1 The Accommodation Provider has the possibility to create a profile about the accommodation (details about the accommodation, facilities, pictures, location, rooms etc) via the extranet provided by Tripmakery (https://partner.tripmakery.com/de).
3.2 With the creation of the profile about the accommodation – if no contractual relationship exists yet – the partner contract is concluded.
3.3 Via the extranet, the accommodation provider can set the conditions for creating "automatic offers" (eg the group discount). This requires Tripmakery to have access to the room rates and availability in real time through the hotel channel manager of the accommodation provider.
3.4 The information provided via the hotel channel manager of the accommodation provider in connection with the conditions for "automatic offers" defined via the extranet is a binding booking offer (for the conclusion of an accommodation contract) that Tripmakery makes available to travel groups for booking on the online intermediary platform.
4.1 The booking offers of the accommodation provider as described in point 2.4 and 3.4 of these general terms and conditions constitute binding offers to conclude an accommodation contract. The accommodation contract shall be concluded once the travel group either has accepted the accommodation provider's offer forwarded by Tripmakery by clicking the "complete reservation " button or has accepted the accommodation provider's offer made available on the online mediation platform by clicking on the "complete booking" button. After the conclusion of the accommodation contract, Tripmakery shall immediately forward the contact details of the travel group to the accommodation provider.
4.2 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.
5.1 The accommodation provider undertakes to quote the room rate including VAT, all other taxes, fees and charges as well as extras, costs and fees, including costs for breakfast, meals, late check-out and early check-in fees etc (hereinafter referred to as "total price") in the binding booking offers according to point 2.4 and 3.4 of these general terms and conditions and shall provide its general terms and conditions at the same time if available.
5.2 After the conclusion of the accommodation contract according to point 4.1 of these general terms and conditions, the accommodation provider shall immediately provide the travel group with a booking confirmation by mail or email, which in particular includes the total price.
5.3 Apart from the total price quoted in the booking confirmation, the accommodation provider shall not charge the travel group any processing or administration fees, regardless of the agreed payment method.
6.1 The information provided by the accommodation provider for use on the online intermediary platform shall include details of accommodation, facilities, location of the accommodation and rooms (photos), room prices, group profiles (for which trips the accommodation is suitable) and the contact details of the accommodation provider.
6.2 The accommodation provider represents and warrants to Tripmakery that the information about the accommodation is at any time truthful, accurate and not misleading. This also applies in particular to the conditions set via the extranet for the creation of "automatic offers" as well as the information provided by the accommodation provider via the hotel channel manager. The accommodation provider shall at any time be responsible for the accuracy and topicality of the information about accommodation. The accommodation provider undertakes to keep the information up-to-date.
7.1 The accommodation provider undertakes to pay Tripmakery a commission of 10 % of the total price plus VAT (hereinafter referred to as "commission") for each accommodation contract concluded via the online intermediary platform.
7.2 In the event that the booking offers described in point 2.4 and 3.4 of these general terms and conditions are not accepted by the travel group according to point 4.1 of these general terms and conditions, but an accommodation contract is concluded between the travel group and the accommodation provider nevertheless, the accommodation provider shall pay the commission to Tripmakery.
7.3 The commission shall be charged at the end of the calendar month of the envisaged departure date of the travel group and shall be sent to the accommodation provider by post or email (excluding cancellations free of charge).
7.4 The commission, which is invoiced for a period of one month, is due for payment within 14 days after invoice date and shall be paid by the accommodation provider to Tripmakery's bank account at the Erste Bank der oesterreichischen Sparkassen AG (IBAN AT322011183783477600, BIC GIBAATWWXXX).
7.5 The accommodation provider shall bear the bank charges relating to the payment of the commission.
7.6 In the event of late payment Tripmakery reserves the right to charge statutory default interest according to section 456 Austrian Commercial Code (UGB).
8.1 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.
8.2 Complaints and claims regarding the accommodation (or the products or services offered, changed or made available by the accommodation provider) or special requests by the travel group shall be processed by the accommodation provider without the mediation or assistance of Tripmakery.
8.3 The accommodation provider 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 (travel group).
9.1 The accommodation provider undertakes to keep the booked rooms available and, if the accommodation provider for whatever reason cannot fulfill its obligations under these general terms and conditions, inform Tripmakery immediately. The accommodation provider shall strive to offer alternative accommodation of equal or better quality at its own expense if Tripmakery did not provide an alternative accommodation.
9.2 In the event that there are no or not enough rooms available at the arrival of the travel group, the accommodation provider shall find an adequate, alternative accommodation of equal or better quality compared to the accommodation booked by the travel group, a private transfer to the alternative offered accommodation for the travel group free of charge and shall reimburse Tripmakery and / or the travel group all costs and expenses incurred by the travel group and / or Tripmakery in conjunction with the overbooking. The obligation to pay the commission according to point 7.1 of these general terms and conditions remains unaffected.
9.3 In the event that the rooms booked by the travel group are not available and the travel group makes no use of any alternative accommodation offered by the accommodation provider, the accommodation provider is obligated to Tripmakery to pay a penalty fee of 50 % of the commission due in the event of proper conduct.
9.4 The accommodation provider shall not be entitled to cancel a concluded accommodation contract.
9.5 Cancellations made by a travel group prior to the date and time from which a cancellation fee is charged, shall not result in a commission payment.
9.6 Cancellations made by a travel group after the date and time from which a cancellation fee is charged, the accommodation provider shall pay a commission of 10 % of the cancellation fee to Tripmakery.
9.7 In the event of no-show, the accommodation provider shall pay to Tripmakery a commission of 10 % of the amount charged to the travel group.
9.8 In the event of force majeure, the accommodation provider shall not charge the travel group affected by force majeure any fees, costs, expenses or other amounts. The accommodation provider shall notify Tripmakery within two business days of the scheduled departure date. In the event of a travel group was not able to use a reservation due to registered force majeure, Tripmakery shall not charge a commission.
10.1 Both parties are entitled to conclude and fulfill the partner contract and all other contracts listed in these general terms and conditions and to commit themselves to it.
10.2 The accommodation provider represents and warrants to Tripmakery that, according to the conditions of these general terms and conditions, the accommodation has and fulfills all the required permissions, licenses and other regulatory approvals and requirements necessary to manage, perform and continue the processes and operations as well as to provide accommodation on the online intermediary platform.
10.3 The accommodation provider represents and warrants to Tripmakery proper registration with the competent tax authorities, or any resulting taxes, fees, or other charges of any kind that have been collected or are based on this service, to be paid, collected, or withheld in accordance with the applicable jurisdiction.
10.4 In the event of any breach of the warranties, the violating party shall restore a condition as if the warranty was correct.
11.1 Tripmakery shall not be liable to the accommodation provider in connection with a (temporary or partial) failure, interruption, loss of use, disruption or unavailability of the online intermediary platform.
11.2 According to point 2.3 of these general terms and conditions the booking requests made by travel groups via the online intermediary platform shall be forwarded by Tripmakery to the accommodation provider with all information (eg contact details of the travel group, arrival date, number of nights, type and size of the travel group, meal requests, amenities and services, special requests and wishes of the travel group and the total travel budget). These requests are solely based on the information provided by the travel group. Tripmakery cannot verify this information for accuracy or represent or warrant that it is accurate and complete. Tripmakery is therefore not responsible for the accuracy or completeness of booking requests.
11.3 Since Tripmakery does not become a contractual partner of the respective accommodation contract and shall therefore not be liable for any of the obligations arising out of the accommodation contract, in particular the payment obligation of the travel group.
12.1 Unless otherwise agreed, the partner contract shall be concluded for an indefinite period.
12.2 Each party may at any time terminate the partner contract by written notice in observation of a notice period of 14 days.
12.3 In the event of good cause being given each party may terminate the partner contract with immediate effect and without prior written notice. A good cause is deemed to be the case in particular, the material violation of one of the provisions of these general terms and conditions by the other party (eg late payment, provision of false information or receipt of a significant number of complaints from travel groups).
13.1 Tripmakery set the protection of the data provided by the accommodation provider as part of the mediation of the accommodation contract as the highest priority.
13.2 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.
14.1 The place of performance for all obligations arising out of the mediation contract shall be the registered seat of Tripmakery in Vienna.
14.2 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).
14.3 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.
14.4 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.