These general terms and conditions (“GTC”) shall apply to services provided by Tripmakery GmbH (hereinafter referred to as “Tripmakery”) for travel groups. Travel groups within the meaning of these GTC 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 (e.g. 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 shall forward this request to appropriate accommodation providers who will subsequently submit a binding booking offer to Tripmakery if capacities are available. Each booking offer shall immediately be forwarded to the travel group.
2.4. By clicking on the "complete reservation" button in this booking offer, the travel group reserves the rooms at the conditions specified in the accommodation provider's booking offer. Tripmakery will forward this reservation to the accommodation provider.
2.5. After confirmation of the reservation by the accommodation provider, Tripmakery will send a booking confirmation to the travel group.
2.6. In some cases, accommodation providers also make "automatic booking offers" available for booking on the online mediation platform.
2.7. In the case of "automatic booking offers", the travel group books the "automatic booking offer" by clicking on the "complete reservation" button. Tripmakery shall immediately send a booking confirmation to the travel group.
2.8. The mediation of an accommodation contract with an accommodation provider is not commissionable for the travel group.
2.9. Tripmakery does not owe successful mediation.
3.1. By forwarding a booking offer to the travel group in accordance with point 2.3 of these GTC, Tripmakery submits an offer to the travel group to conclude a contract for the mediation of an accommodation contract with an accommodation provider that is not subject to a charge.
3.2. The mediation contract between the travel group and Tripmakery is concluded upon the travel group reserving rooms at the conditions set out in the accommodation provider's booking offer in accordance with point 2.4 of these GTC.
3.3. In the case of "automatic booking offers", the mediation contract between the travel group and Tripmakery is concluded by booking an offer made available on the online mediation platform by the accommodation provider in accordance with point 2.6 of these GTC.
4.1. With the reservation described in point 2.4 of these GTC, the travel group submits an offer to conclude an accommodation contract. By confirming the reservation made by the travel group in accordance with point 2.5 of these GTC, the accommodation provider accepts the offer to conclude an accommodation contract. The accommodation contract is thereby concluded.
4.2. “Automatic booking offers” as described in point 2.6 of these GTC of the accommodation provider constitute offers to conclude an accommodation contract. The accommodation contract shall be concluded once the travel group has accepted the accommodation provider's offer made available on the online mediation platform by clicking on the "complete reservation" button according point 2.7 of these GTC.
4.3. The travel group shall acknowledge that the accommodation contract is binding after receipt of the booking confirmation and thus – unless the accommodation provider provides for a right of withdrawal – there is no right of withdrawal.
4.4. The accommodation contract shall exist directly and exclusively between the travel group and the accommodation provider. The travel group and the accommodation provider shall agree the contractual provisions not regulated in the accommodation contract (e.g. the general terms and conditions of the accommodation provider) directly with each other.
4.5. Tripmakery does not act as a tour operator via the online booking platform but solely as an agent for the accommodation contract.
4.6. Other agreements between the travel group and the accommodation provider do not affect these GTC.
5.1. 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.
5.2. The travel group shall claim all rights arising out of the concluded accommodation contract as well as any additional ancillary points contractually directly agreed with the accommodation provider (e.g. the general terms and conditions of the accommodation provider) in accordance with point 4.4 of these GTC directly against the contracting party (accommodation provider).
5.3. 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.
6.1. Tripmakery shall strive to ensure the accuracy of the information provided on the online intermediary platform and the provided information about appropriate accommodation providers. Tripmakery 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.
6.2. Tripmakery shall not be liable for the availability of accommodation at the time of booking.
6.3. If the travel group is a consumer within the meaning of Section 1 KSchG, the liability of Tripmakery is excluded for slight negligence.
6.4. 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.
6.5. In both cases consequential, intangible or indirect damages and lost profits shall not be reimbursed.
7.1. 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.
7.2. 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.
7.3. Further information about the handling of personal data can be found in Tripmakery's privacy policy, available on https://tripmakery.com/en-gb/datenschutz.
8.1. The place of performance for all obligations arising out of the mediation contract shall be the registered seat of Tripmakery in Vienna, Austria.
8.2. These GTC 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).
8.3. For all disputes arising out of or in connection with these GTC, the competent court at the registered seat of Tripmakery shall be exclusively competent.
8.4. Should one of the provisions of these GTC 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 comes closest to the essential purpose of the invalid provision. This applies mutatis mutandis in the case of loopholes in these GTC.