General Terms and Conditions of Use
1. Scope of application
1.1. Use of the Website operated by unikplaces, Philip Gebhardt, Krochmannstr. 18, D-22299 Hamburg (hereinafter referred to as "Operator") under www.unikplaces.de/.com/.net and the services offered therein (hereinafter collectively referred to as "Website") are subject to the following General Terms and Conditions of Use.
1.2 By using the Website the user accepts the General Terms and Conditions of Use in full; otherwise it is not allowed to use the Website.
2. Service description
The Operator operates an Internet portal on its Website, on which selected restaurants, hotels and other catering and hotel businesses are presented. On this Website the user can submit and publish a comment on the corresponding restaurant or hotel after visiting this restaurant or staying in this hotel. Details of how the service works are available on the website.
3. User’s obligations
3.1 The user shall undertake not to infringe any applicable German legal requirements, especially not any criminal law provisions, when using the Website.
3.2. When using the comment function, the user shall undertake to specify his user name (nickname), email address and date of the hotel or restaurant visit on which the comment is based.
3.3 When using the Website, the user shall undertake not to post any contents, especially comments and ratings, which are untrue, offensive, degrading or slanderous and/or constitute abusive criticism.
3.4 The user shall undertake to ensure that all the comments and ratings which it posts on the Website remain unbiased and objective and, within the context of these comments and ratings, refer in terms of content solely to the actual underlying restaurant visit and/or hotel stay.
3.5 The user shall ensure that it does not breach any rights of third parties, especially copyrights, trademark or other labelling rights as well as personal rights of third parties, when using the website.
3.6 The user shall undertake not to send any junk or spam emails or distribute any contents of an advertising nature via the Website or carry out any acts which could adversely affect the service and availability of the Website.
3.7 By using the Website, the user shall agree to publication of the contents it has posted on the Website.
3.8 The Operator is entitled to delete contents posted by the user, especially contents and ratings, if there are clear indications that a breach of the General Terms and Conditions of Use or the applicable law has occurred.
4. Responsibility for contributions
4.1 Each user is personally responsible for the contents it posts on the Website. The Operator accepts no responsibility for the accuracy, completeness or quality of contents provided by users on the Website, especially the comments made by users therein.
4.2 The contents posted by users when using the Website, especially comments and ratings, do not constitute comments by the Operator. The Operator shall not adopt the contents provided by users on the Website as its own. On the contrary, they are regarded as “foreign” contents, from which the Operator expressly distances itself.
5. Release clause
The user shall release the Operator from all claims which third parties assert against the Operator due to a breach of their rights as a result of contents posted on the Website by the user or due to its other use of the Website. The user shall in this connection also undertake to bear the Operator’s necessary legal defence costs, including any court and lawyer’s fees, if it is responsible for the legal infringement.
6. Liability restrictions
6.1 unikplaces is not liable for any slightly negligent breach of non-essential contractual obligations. In the event of a slightly negligent breach of an essential contractual obligation the liability of unikplaces shall be limited to the contractually typical, foreseeable damage depending on the type of goods or service. Essential contractual obligations are obligations, the fulfilment of which allows the contract to even be duly implemented at all and on the observation of which the contracting party can regularly rely.
6.2 The liability restrictions do not relate to claims of the Customer arising from product liability. Furthermore, the liability restrictions do not apply in case of physical injury or damage to health attributable to unikplaces or loss of life or in the event that damage is due to the lack of a guaranteed quality or any other non-fulfilment of a guarantee.
6.3 The aforementioned liability restrictions apply to all claims for damages irrespective of their legal basis, especially also to liability based on pre-, collateral and extra-contractual claims.
6.4 Insofar as liability of unikplaces is excluded or limited, this also applies to its staff members, employees or other vicarious agents.
7. Data protection
The Operator shall undertake to comply with the statutory data protection provisions, especially the German Federal Data Protection Act (BDSG) and the German Telemedia Act TMG, when operating its Website and collect, process and utilise the personal data entrusted to it in compliance with the Operator’s data protection provisions. See the Operator’s Data protection provisions for details.
8.1 Access registration can be terminated by both the Operator and the user subject to five days’ notice. Statutory termination can be effected by email.
8.2 The right to termination without notice for good cause shall not be affected thereby. Such good cause exists especially in the event of breaches of section 3. of these General Terms and Conditions of Use by the user. Termination without notice can be effected by email.
8.3 In the event of termination without notice for good cause the user is not allowed to log onto the Website with new access registration.
8.4 In the event of termination the Operator is entitled to delete all data, contributions and ratings posted by the user on the Website.
9. Changes to the General Terms and Conditions of Use
The Operator may amend these General Terms and Conditions of Use at any time without giving reasons. In the event of such an amendment the Operator shall send the amended version of the General Terms and Conditions of Use to the registered user of the Website by email. If the user does not object to these amended General Terms and Conditions of Use within one month, the effect of which shall be expressly pointed out to it, the amended General Terms and Conditions of Use shall be deemed to have been accepted by the user.
10. Final provisions
10.1 The law of the Federal Republic of Germany to the exclusion of the UN Sales Convention applies to all legal relationships arising from use of the Operator’s services.
10.2 The sole place of jurisdiction for all disputes arising from or in connection with use of the Operator’s services is Hamburg, provided that the user is a merchant.
10.3 If one of the provisions of these General Terms and Conditions of Use is invalid, the remainder of the provisions shall not be affected thereby.