General Terms and Conditions
General terms and conditions for download >>>
General terms and conditions and description of services - protel Air
1. GENERAL
1.1 The provider provides all services exclusively on the basis of these general terms and conditions (GTC).
The customer's terms and conditions do not apply, even if the provider has not expressly contradicted them.
1.2 These terms and conditions also apply if the provider is aware of conflicting or deviating conditions
Conditions of the customer, which performs the service to the customer without reservation. In these cases, the acceptance of the services applies
the customer as acknowledgment of these terms and conditions with simultaneous and herewith previously accepted waiver of the validity of his
own terms and conditions.
1.3 Offers are always non-binding. A contract is only concluded when the provider confirms it in writing. If the
Service by the provider without the customer having previously received an order confirmation, the contract is concluded with the
Delivery or with the beginning of the performance of the service.
2. SUBJECT MATTER
2.1 The subject of this contract is the provision of the software applications defined in the attached service description (hereinafter
- also with plural - called application) to use its functionalities, the technical enabling of the use of the application and the
Granting or brokering of usage rights to the application by the provider to the customer against payment of the offer
/ Order agreed fee.
2.2 From the point in time agreed in the service description, the provider will hold one or more central data processing systems
Data processing systems - even if there is a majority - hereinafter referred to as "server") the application agreed in the service description in
of the current version ready for use in accordance with the following regulations.
2.3 The provider stops on the server from the time agreed in the service description of the operational availability for the from
Customers generated by using the application and / or the data required to use the application (hereinafter
"Application data") storage space available in the agreed scope.
2.4 The application and the application data are backed up on the server regularly, at least every calendar day - data backup. For the
The customer is responsible for compliance with retention periods under commercial and tax law.
2.5 The transfer point for the application and the application data is the router exit of the provider's data center.
2.6 The customer is responsible for compliance with the system requirements defined in the service description on the part of the customer. For the
Quality of the required hardware and software on the part of the customer as well as for the telecommunications connection between the customer
and the provider up to the transfer point, the provider is not responsible.
3. TECHNICAL AVAILABILITY OF THE APPLICATION AND ACCESS TO THE
APPLICATION DATES, REACTION AND RECOVERY TIMES
3.1 The provider owes the availability of the application and the application data at the transfer point as defined in the service description.
Under availability is the technical usability of the application and the application data at the transfer point for use by the
Customers understood.
3.2 All details on availability can be found in the description of services. The service description determines in particular:
- the usage time,
- the period within which the availability is given,
- the degree of availability in% within the usage time,
3.3 The description of services also defines response times in the event of unavailability and / or in the event of disruptions in relation to the
Application and / or the application data apply.
4. MALFUNCTION REPORT / NON-PERFORMANCE OF MAIN PERFORMANCE OBLIGATIONS
4.1 If the provider meets the obligations agreed in paragraphs 2 and 3 after the operational provision of an application and / or the
The following rules apply:
4.1.1 The provider will respond to proper fault reports from the customer within the agreed times by assigning an identifier
take, assign the fault categories of the service description and based on this assignment, measures for analysis and elimination
of malfunctions. At the customer's request, the provider will confirm receipt of the fault report by notifying the customer
assigned identifier.
4.1.2 As far as this is necessary, the customer will immediately take measures to circumvent or rectify faults and the
Report any remaining faults to the provider.
4.1.3 If the provider does not meet the agreed obligations in whole or in part, the monthly flat-rate fee is reduced
Section 9.2 pro rata for the time in which the application and / or the application data are not available to the customer to the agreed extent or the
Storage space was not available to the agreed extent. Ongoing usage fees according to Sections 9.3 and 9.4 only apply to
Business transactions that were actually carried out using the application despite the restriction or discontinuation of the services.
If the provider is responsible for this non-performance, the customer can also claim damages in accordance with Section 12.
4.1.4 There are no claims for an insignificant deviation of the provider's services from the contractual quality.
Claims also do not exist in the event of failure of applications in a system and operational environment that has not been agreed upon or due to non-compliance
agreed conditions of use or in the event of errors that arise due to special external influences that are not required by the contract
are. This also applies to subsequent changes made by the customer or a third party, unless this makes the analysis and elimination of the defect more difficult
Not.
4.2 The no-fault liability of the provider according to § 536a Paragraph 1 BGB due to defects that already existed at the time of the conclusion of the contract
were present is excluded.
4.3 Claims based on a defect become statute-barred within one year from the start of the statutory limitation period. The statutory deadlines remain
unaffected, insofar as the law prescribes longer periods as in Section 438 (1) number 2 BGB (buildings and items for buildings), as well as in the case of a
intentional or grossly negligent breach of duty by the provider, in particular his legal representatives or vicarious agents
fraudulent concealment of a defect as well as in cases of injury to life, body or health.
5. OTHER SERVICES OF THE PROVIDER
5.1 The provider provides the customer with electronic user documentation (online help) written in German. Unless the
The provider provides third-party software as an application and no documentation in general in German / English from this third party
is available, the provider is entitled to provide only the documentation accessible to him. The customer is entitled to
To save the provided documentation while maintaining existing proprietary rights notices, and for the purposes of this contract in
to reproduce a reasonable number. In addition, the usage restrictions agreed for the application under section 7 apply to the
Documentation accordingly.
5.2 Further services of the provider can be agreed in writing at any time. Such further services are against reimbursement of the
proven effort at the provider's generally applicable prices at the time of commissioning.
6. DISCLAIMERS
The subject of this contract is not:
- the fault management of faults in connection with the use of the application in non-approved environments or with
Changes to the application by the customer or third parties are available;
- the fault management of technical problems of the Internet that cannot be influenced by one party; this does not apply if and to the extent that the
Provider who also offers telecommunications services;
- Upgrades of the application, ie new versions with significant functional enhancements;
- the transfer of other new software;
- The elimination of malfunctions or failures that are based on the fact that the hardware and software used by the customer are due to inadequate
technical ability is not able to execute program sequences correctly or to process data records correctly, in particular these
to recognize, calculate or run completely and correctly;
- the elimination of malfunctions caused by improper or incorrect use of the application by the customer. Same goes for
Faults that are based on the fact that the customer uses unskilled personnel to use the application;
- additionally agreed on-site assignments at the customer's, advice and support with changed software, clarification of interfaces
Third-party systems, installation and configuration support, in particular for additional software or hardware.
7. RIGHTS OF USE AND USE OF THE APPLICATION, RIGHTS OF THE PROVIDER
AT ÜBERSCHREIUNG THE USE OF POWERS
7.1 Rights to use the application
7.1.1 In the application, the customer receives simple, non-sublicensable and non-transferable, for the term of this contract or the respective
Application of limited usage rights in accordance with the following regulations.
7.1.2 The application is not made available to the customer. The customer may only use the application for his own business activities
use by your own staff.
7.1.3 The customer only uses the application for the number of people specified by him in the offer / order at the same time. If there is a
simultaneous use by more than the number of people specified there, the customer pays an additional usage fee in addition to the
Time of commissioning generally applicable prices of the provider; other claims of the provider remain unaffected.
7.1.4 The customer is not entitled to any rights that are not expressly granted to the customer above. The customer in particular is not
entitled to use the application beyond the agreed usage or to have it used by third parties or the application to third parties
to make accessible. In particular, it is not permitted to reproduce, sell or leave the application for a limited time.
especially not to rent or lend.
7.2 Customer's Obligations to Use Safely
7.2.1 The customer shall take the necessary precautions to prevent unauthorized persons from using the application.
7.2.2 The customer is responsible for ensuring that the application is not too racist, discriminatory, pornographic, endangering the protection of minors, politically
used for purposes that are extreme or otherwise unlawful or that violate official regulations or requirements, or for corresponding purposes
Data, in particular application data, are created and / or stored on the server.
7.3 Violation of the provisions according to Sections 7.1 and 7.2 by the customer
7.3.1 The provider can revoke the customer's right of use if this is not insignificant against usage restrictions or other
Regulations for protection against unauthorized use in section 7.1 or 7.2 violates. The provider has to give the customer a grace period for remedial action beforehand
put. In the case of repetition and in special circumstances that require immediate revocation after weighing up the interests of both parties
justify, the provider can express the revocation without setting a deadline. The customer has to discontinue use after the provider
to confirm the revocation in writing.
7.3.2 If the customer violates the provisions in section 7.1 or 7.2 for reasons for which he is responsible, the provider can, after the revocation, the
Block the customer's access to the application or the application data if this can be proven to prevent the violation.
7.3.3 If the customer unlawfully violates Section 7.2.2, the provider is also entitled to access the data or application data concerned
Clear. In the event of an illegal violation by the user, the customer must immediately provide the provider with all information on the
To assert claims against the user, in particular to communicate his name and address.
7.3.4 For every case in which the customer culpably enables the use of the application by third parties or by users not named by the customer,
the customer has to pay an immediately due contractual penalty in the amount of the monthly basic flat rate according to section 9.2. The assertion
The provider reserves the right to other claims to which he is entitled, in particular for damages; in the case of assertion of
For damages, the contractual penalty will be offset against the claim for damages.
7.4 Customer's rights to databases and database works that are created If and to the extent during the term of this contract, in particular
through the compilation of application data, through activities of the customer on the provider's server permitted under this contract
Database, databases, a database work or database works are created, provide all rights to this to the customer. The customer stays too
owner of the databases or database works after the end of the contract.
8. LIABILITY FOR THIRD PARTY RIGHTS
8.1 The provider is only liable to the customer for an infringement of third party rights as a result of his performance, insofar as the performance was carried out by the
Customer is used in accordance with the contract, in particular in the contractually intended usage environment. The liability for the violation of third party rights is
also limited to the rights of third parties within the European Union and the European Economic Area as well as at the place of the contractual
Use of the service. Section 4.1.4 sentence 1 applies accordingly.
8.2 If a third party asserts against the customer that a service of the provider violates his rights, the customer is obliged to immediately
Notify provider. The provider is entitled, but not obliged, insofar as this is permissible, the asserted claims at his own expense
fend off.
8.3 If third-party rights are violated by a service provided by the provider, the provider will, at its own discretion and at its own expense:
- provide the customer with the right to use the service or
- make the service free of infringement or
- take back the service with reimbursement of the remuneration paid by the customer (minus a reasonable compensation for use),
if the provider cannot find any other remedy with reasonable effort. The interests of the customer become appropriate
considered.
8.4 Customer claims due to defects of title shall become statute-barred in accordance with Section 4.3. Clause 12 also applies to claims for damages and reimbursement of expenses.
9. REMUNERATION
9.1 The remuneration for the services to be provided for the granting of use, ie in particular the provision of the application, the
Provision of storage space including data backup results from the offer / order. Depending on the type, it can consist of one
Fixed monthly flat-rate usage and / or composed of variable, effort-dependent fees.
9.2 Fixed flat-rate usage fees apply for each commenced month from the operational availability. You will be billed 3 months in advance
and are due for payment on the first working day of the following month (based on the invoice date). With a partial use of a
Monthly, the calculation is made on the basis of 1/30 per day.
9.3 Variable, effort-dependent fees are billed monthly in arrears. This, as well as any separate remuneration, will be issued on
payment is due on the first working day of the following month.
9.4 The provider provides the customer with the invoice by email or in printed form by post.
9.5 Should a debit from the specified bank details or credit card fail because the account details are no longer correct or
If the account is not sufficiently covered, the customer is obliged to pay a processing fee of EUR 10. The right of
Provider to prove a higher damage remains unaffected.
9.6 The provider is entitled to charge interest of 5% when due. In the event of default, the provider is entitled to charge interest of 8
To request percentage points above the base rate. The provider's right to claim higher damage remains unaffected.
If the customer is in arrears with a payment for more than 30 days, the provider is entitled to block access to the application. A
Blocking the application by the provider does not count as a declaration of termination by the provider.
9.7 The provider reserves the right to increase the remuneration for the first time after 12 months and at most once a year with a notice period of 3
Months to the end of the month and to adapt to internal ones due to an increase in material or personnel costs or due to third parties
To increase cost increases. As soon as the annual remuneration increases by more than 5%, the customer is entitled, with a notice period of six
Extraordinary termination of the contract weeks after receipt of the increase request at the time the increase takes effect. At
a reduction in the corresponding costs, the customer can also apply a corresponding reduction for the first time after 12 months have elapsed
request the remuneration.
9.8 The customer can only offset undisputed or legally established claims; The same goes for exercising a
Right of retention. Due to defects, the customer can only make payments in proportion to the defect
retained and only if the defect is beyond doubt. Section 4.1.4 sentence 1 applies accordingly. Exercising a
The right of retention by the customer with a reciprocal right that is not based on a right from this contract is excluded.
9.9 The provider can request a remuneration for the work performed that goes beyond the remuneration set out in Sections 9.1 - 9.6, insofar as:
- a reported fault in connection with the use of the application in a non-approved environment or with by the customer or
Third made changes to the application is available.
- additional work is incurred due to improper fulfillment of the customer's obligations (see in particular section 10).
Insofar as the provider is entitled to a remuneration for the work carried out that goes beyond the remuneration specified in Sections 9.1 - 9.6
request, unless otherwise agreed in writing between the parties, this will be at the time of provision
valid list prices of the provider for hourly, daily and expense rates and billing sections are billed.
10. OBLIGATIONS AND OBLIGATIONS OF THE CUSTOMER
The customer will fulfill all duties and obligations that are necessary for the execution of the contract. In particular, he will:
1. the usage and access authorizations assigned to him or the users, agreed identification and authentication safeguards
Keep it secret , protect it from access by third parties and do not pass it on to unauthorized users. These data are by appropriate and customary
Measures to protect. The customer will inform the provider immediately if there is any suspicion that the access data and / or
Passwords could have become known to unauthorized persons;
2. create the agreed entry requirements;
3. comply with the restrictions / obligations with regard to the rights of use according to item 7, in particular a. all of it for the use of the
Name the intended use of the user in accordance with Section 7 and the corresponding changes;
b. no information or data can be accessed or accessed without authorization, or intervene in programs operated by the provider
or allow intervention or unauthorized penetration into the provider's data networks or promote such penetration;
c. the exchange of electronic messages that is possible within the framework of the contractual relationship and / or using the application
misuse for the unsolicited sending of messages and information to third parties for advertising purposes;
d. exempt the provider from claims by third parties that are based on illegal use of the application by him or that arise from
Data protection, copyright or other legal disputes caused by the customer arise with the use of the
Application are connected;
e. oblige the authorized users for their part to comply with the provisions of this contract that apply to them;
4. ensure that he (e.g. when transmitting texts / data from third parties to the provider's server) all rights of third parties to him
used material is observed;
5. Obtain the necessary consent of the respective data subject in accordance with Section 11.2, insofar as he / she has personal data when using the application
collects, processes or uses and no statutory permission applies;
6. Before sending data and information to the provider, check them for viruses and use the latest technology
Use virus protection programs;
7. Immediately notify the provider of disruptions in contractual services, in particular defects in the services according to sections 2 and 3.
For this purpose, the customer has any faults in a comprehensible form, stating all necessary for fault detection and analysis
Report information in writing.
In particular, the work steps that led to the occurrence of the fault, the mode of occurrence and the
Effects of the disorder. For this purpose, he will use the relevant forms and the provider's procedure, in particular the one in the support area of the
Use the form provided by the provider on the web portal. If the customer fails to notify us in good time for reasons for which he is responsible
this represents contributory causation or contributory negligence. Insofar as the provider does not as a result of the failure or delay in reporting
Could remedy the situation, the customer is not entitled to reduce the lump sum in accordance with Section 9.2 of the contract in whole or in part, the replacement of the
to demand damage caused by the defect or to extraordinarily grant the contract due to the defect without observing a deadline
cancel. The customer must demonstrate that he is not responsible for failing to report; The customer also has the provider
as well as providing support in the elimination of malfunctions as far as necessary.
8. Document changes in the operational environment and immediately inform the provider in writing of any changes.
The customer shall also inform the provider of any disruptions resulting from his area of responsibility that may result in the use of the application
could affect , as well as inform their expected duration immediately.
9. if he transmits data to the provider to generate application data with the help of the application, this regularly and the meaning of the
Back up data accordingly and create your own backup copies in order to be able to reconstruct the same in the event of loss of data and information
enable;
10. if and insofar as the technical possibility is given to him by mutual agreement, regularly those stored on the server
Secure application data by downloading; The provider's obligation to back up data in accordance with Section 2.4 in conjunction with Section 2.4 remains unaffected. the
Description of services.
11. Data security, data protection
11.1 The parties will observe the applicable data protection regulations applicable in Germany and their related
Obliging employees employed with the contract and its implementation to data secrecy in accordance with Section 5 BDSG, insofar as this is not the case
are already generally obliged to do so.
11.2 If the customer collects, processes or uses personal data, he is responsible for ensuring that he does so in accordance with the applicable, esp.
is entitled to data protection regulations and, in the event of a violation, releases the provider from claims by third parties. So much for that
processing data are personal data, there is an order data processing and the provider will comply with the legal requirements
the order data processing and instructions of the customer (e.g. to comply with deletion and blocking obligations). The instructions
must be communicated in writing in good time.
11.3 The provider takes the technical and organizational security precautions and measures in accordance with the annex to section 9 BDSG. The
In particular, the provider protects the services and systems within his access as well as those relating to the customer or the customer on the
Roaming application data and possibly other data against unauthorized access, storage, modification, or otherwise
unauthorized access or attacks - whether through technical measures by viruses or other malicious programs or data, or
through physical access - by employees of the provider or third parties, no matter how this is done. To do this, he takes the
suitable and customary measures that are required according to the recognized rules of technology, in particular virus protection and protection against
similar malicious programs, as well as other security of his facility including protection against burglary.
11.4 The provider will only collect and use customer-related data to the extent that the execution of this contract requires. The customer
consents to the collection and use of such data to this extent.
11.5 The obligations according to clauses 11.1 to 11.4 exist as long as application data are in the provider's sphere of influence, including over the
End of contract . The obligation in accordance with Section 11.4 continues for an indefinite period of time beyond the end of the contract.
12. Liability and Limits of Liability
12.1 The provider is liable for damages:
- for damage caused by him or his legal representatives or vicarious agents willfully or through gross negligence,
- according to the product liability law and
- for damages resulting from injury to life, limb or health, which the provider, his legal representative or
Agents have to ertreten v.
12.2 The provider is liable for slight negligence insofar as he or his legal representatives or vicarious agents have an essential contractual obligation
(so-called cardinal obligation), the fulfillment of which enables the proper execution of the contract in the first place or whose
Violation endangers the achievement of the contractual purpose and its compliance (such as in the case of the obligation to provide faultless performance)
Customer can trust regularly. Otherwise, liability for slight negligence is excluded.
As far as the provider is liable for slight negligence, the liability for property and financial damage is typical and foreseeable for the contract
Limited damage. Liability for other, remote consequential damage is excluded. For the individual case of damage, the liability is depending
Damage event is limited to twelve times the monthly remuneration but at least to an amount of € 10,000.
12.3 Clause 4.3 applies accordingly to the statute of limitations.
12.4 In the event of loss of data, the provider is only liable for the effort required to restore the data when the data is properly restored
Data backup by the customer is required. In the case of slight negligence on the part of the provider, this liability only applies if the customer is directly involved
has carried out a proper data backup prior to the action leading to the loss of data.
12.5 Sections 12.1 - 12.3 apply accordingly to claims for reimbursement of expenses and other liability claims by the customer against the provider.
13. Term, Termination
13.1 The contractual relationship begins with the provision of the corresponding application by the provider. Deployment of the application
takes place from the time selected by the customer.
13.2 The period of the customer's paid usage option is determined by the term of the first one selected by the customer
paid application. Any additional paid application booked by the customer will initially only be used by the customer for the remaining term
booked for the first paid application.
The period in which all paid applications can be used for a fee is extended - subject to cancellation by the
respective fee-based application by the parties - at the end of the term of the period of the first fee-based application
automatically in each case for the period of the customer's originally selected term of the first paid application, but no longer than
for another 12 months.
Each paid application can be canceled by both parties with a period of six months to the end of the period of the term (calendar year)
the first paid application or the expiry of the extension period that applies thereafter.
The provider is entitled towards the customer to terminate the contractual relationship regarding the free usage option no earlier than 6 months after
Beginning of the free usage possibility or after the end of the last paid usage possibility with a deadline of
30 days to cancel.
13.3 An extraordinary termination due to or in connection with a breach of duty is only possible after a prior written warning
possible with a reasonable deadline of not less than 14 working days.
If the person entitled to terminate has knowledge of the circumstances justifying the extraordinary termination for more than 14 working days, he can
Termination can no longer be based on these circumstances.
13.4 Notwithstanding the provision in Section 13.3, the provider can terminate the contract without observing a notice period if the customer for two consecutive
the following months with the payment of the prices or a not inconsiderable part of the prices or in a period that extends over more than two
Months, is in arrears with the payment of the fee equal to the fee for two months. The provider can
in this case, in addition, a lump sum compensation immediately payable in the amount of a quarter of the amount up to the end of the regular
Request the remaining monthly flat rate for the contract period. The customer is free to prove minor damage.
13.5 no fixed contract term (termination possible at the end of the calendar year with 6 months' notice)
14. Obligations upon and after termination of the contract
14.1 Within the first month after the legal termination of this contract, the provider is obliged, at the request of the customer, to
Application data stored by the customer and, if applicable, otherwise stored on the mass storage device provided in accordance with Section 2.3
to be made available on a common data carrier or by remote data transmission in a generally recognized data format.
In addition, at the customer's request, the provider is obliged to provide all data stored by the customer to a third party named by the customer
to be made available on a conventional data carrier or by means of remote data transmission.
The customer is obliged to provide the provider with these activities according to the time and effort in accordance with the price lists valid at the time of provision
to remunerate the provider for hourly, daily and expense rates and billing sections.
14.2 Upon request, the provider is obliged to process it within the first month after the legal termination of this contract
To work together in a contractual relationship with a third party as instructed by the customer. This collaboration is limited to:
- the transmission of the application data stored by the customer,
- the instruction of the employees of the third party in the circumstances of the customer.
This cooperation is to be paid for separately according to the effort involved. The remuneration takes place at the time of termination of the contract
applicable general list prices of the provider. In addition, the customer has to provide the provider with all necessary and
to reimburse proven expenses.
15. Miscellaneous
15.1 Changes and additions to all contracts concluded between the parties should only be agreed in writing. Oral
Agreements are only valid if they are confirmed in writing by the provider within 5 days; a fax or an e-mail is sufficient
Written form requirement.
15.2 The provider and the customer are obliged to disclose business and trade secrets as well as other information designated as confidential
Information that becomes known in connection with your contractual relationship or the resulting contractual relationship is not disclosed
to protect. The disclosure of such information to persons who are not involved in the conclusion, implementation or processing of the
Contractual relationship may only take place with the written consent of the contractual partner. Unless otherwise agreed, ends
this obligation after a period of five years after the respective information became known, but not before the end of one between the
Provider and the customer's existing contractual relationship.
15.3 The provider and the customer are aware that electronic and unencrypted communication (e.g. by e-mail) involves security risks
is afflicted . With this type of communication, neither the provider nor the customer will therefore assert claims due to the absence
encryption are based, unless encryption has been previously agreed.
15.4 All contractual relationships between the parties are subject exclusively to the law of the Federal Republic of Germany.
16. Place of performance and jurisdiction
16.1 The place of performance for all obligations arising from the contractual relationship between the parties is the registered office of the provider.
16.2 Place of jurisdiction for all legal disputes arising from the contractual relationship between the parties as well as for disputes relating to the arising and the
The effectiveness of these contractual relationships is vis-à-vis merchants, a legal entity under public law or a public law entity
Special assets of the seat of the provider. However, the provider is entitled to sue the customer at his seat.
Place of jurisdiction and place of fulfillment: Kufstein
proinhotel GmbH
Tirolerstraße 10 / TOP 106
6322 Kirchbichl