These general terms and conditions shall apply to services provided by Tripbakery GmbH (hereinafter referred to as “Tripbakery”) for accommodation providers and shall be an essential part of the partner contract between Tripbakery and the accommodation providers (hereinafter collectively referred to as “Parties”, individually “Party”).
2.1 Tripbakery 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 accommodation provider shall register as a partner of Tripbakery via the online intermediary platform by completing the information fields and providing contact details. By clicking the button "submit registration" the registration as a partner is completed.
2.3 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.
2.4 Tripbakery 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.
2.5 The accommodation providers will submit a binding booking offer (on the conclusion of an accommodation contract) to Tripbakery 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.
2.6 Tripbakery shall immediately forward the binding booking offer of the accommodation providers to the travel group.
3.1 The booking offer of the accommodation provider as described in point 2.5 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 Tripbakery by clicking the "make a binding booking" button. After the conclusion of the accommodation contract, Tripbakery shall immediately forward the contact details of the travel group to the accommodation provider.
3.2 The accommodation contract shall exist directly and exclusively between the travel group and the accommodation provider. Tripbakery shall not act as a tour operator through the online intermediary platform, but solely as an intermediary of the accommodation contract.
4.1 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 offer according to point 2.5 of these general terms and conditions and shall provide its general terms and conditions at the same time if available.
4.2 After the conclusion of the accommodation contract according to point 3.1 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.
4.3 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.
5.1 The information provided by the accommodation provider for use on the online intermediary platform shall include details of accommodation, hotel facilities, location of the accommodation, indicative prices, group profiles (for which trips the accommodation is suitable) and the contact details of the accommodation provider.
5.2 The accommodation provider represents and warrants to Tripbakery that the information about the accommodation is at any time truthful, accurate and not misleading. 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.
6.1 The accommodation provider undertakes to pay Tripbakery 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.
6.2 In the event that the booking offer described in point 2.5 of these general terms and conditions is not accepted by the travel group according to point 3.1 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 Tripbakery.
6.3 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).
6.4 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 Tripbakery's bank account at the Erste Bank der Oesterreichischen Sparkassen AG (IBAN AT322011183783477600, BIC GIBAATWWXXX).
6.5 The accommodation provider shall bear the bank charges relating to the payment of the commission.
6.6 In the event of late payment Tripbakery reserves the right to charge statutory default interest according to section 456 Austrian Commercial Code (UGB).
7.1 Since Tripbakery 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.
7.2 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 Tripbakery.
7.3 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).
8.1 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 Tripbakery immediately. The accommodation provider shall strive to offer alternative accommodation of equal or better quality at its own expense if Tripbakery did not provide an alternative accommodation.
8.2 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 Tripbakery and / or the travel group all costs and expenses incurred by the travel group and / or Tripbakery in conjunction with the overbooking. The obligation to pay the commission according to point 6.1 of these general terms and conditions remains unaffected.
8.3 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 shall pay a penalty fee of 50 % of the commission to Tripbakery.
8.4 The accommodation provider shall not be entitled to cancel a concluded accommodation contract.
8.5 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.
8.6 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 Tripbakery.
8.7 In the event of no-show, the accommodation provider shall pay to Tripbakery a commission of 10 % of the amount charged to the travel group.
8.8 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 Tripbakery 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, Tripbakery shall not charge a commission.
9.1 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.
9.2 The accommodation provider represents and warrants to Tripbakery 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.
9.3 The accommodation provider represents and warrants to Tripbakery 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.
9.4 In the event of any breach of the warranties, the violating party shall restore a condition as if the warranty was correct.
10.1 Tripbakery 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.
10.2 According to point 2.4 of these general terms and conditions the booking requests made by travel groups via the online intermediary platform shall be forwarded by Tripbakery 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. Tripbakery cannot verify this information for accuracy or represent or warrant that it is accurate and complete. Tripbakery is therefore not responsible for the accuracy or completeness of booking requests.
10.3 Since Tripbakery 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.
11.1 Unless otherwise agreed, the partner contract shall be concluded for an indefinite period.
11.2 Each party may at any time terminate the partner contract by written notice in observation of a notice period of 14 days.
11.3 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).
12.1 Tripbakery set the protection of the data provided by the accommodation provider as part of the mediation of the accommodation contract as the highest priority.
12.2 Tripbakery collects, processes and uses only such personal data, which are necessary to provide the services of Tripbakery, the use and operation of the online intermediary platform.