Scope

Revenue cloud solutions GmbH (hereinafter referred to as happyhotel) provides its services as part of contract initiation on the basis of these terms and conditions, which become part of the service contract. Deviations from these terms and conditions are only effective if confirmed in writing by happyhotel. happyhotel is entitled to change these general terms and conditions at any time subject to a reasonable period of notice. After publication of a change notification, the customer has an extraordinary right of termination. The changes are considered approved if the customer does not object to the changes in writing within 14 days.

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Conclusion of contract

The contract for the use of the services offered by happyhotel is concluded when a representative authorized by happyhotel accepts the order placed by the customer. Acceptance is confirmed by implication or in writing by the first act of performance. Insofar as happyhotel uses third parties to perform the agreed service, they do not become the customer's contractual partners. happyhotel is entitled to refuse to conclude the contract without giving reasons.

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Contract duration and termination

The contracts begin on the date of the first performance act, unless otherwise agreed in the service contract. The contracts are concluded for an indefinite period and can be duly terminated by both parties with a notice period of 14 days before the end of the contract. The contracts are automatically extended for the duration of the booked subscription - by one month or by one year. The right of both parties to an extraordinary termination (termination for good cause) remains unaffected. Any test account ends automatically at the end of the respective test period and does not have to be canceled. Withdrawal of the direct debit authorization amounts to extraordinary termination. The cancellation can be made by email or letter and is effective upon receipt. Fees already paid will not be refunded. When you cancel a happyhotel subscription, any PayPal subscription also expires. After the subscription expires, the user's access to the system is blocked.

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Scope of services

In accordance with the respective service contract, happyhotel provides the customer with the technical conditions for the publicity of programs on the Internet and ensures that the portal is available to the customer of 99.9% of the respective product on an annual average. This does not apply to periods in which the computers cannot be reached via the Internet due to technical or other problems beyond happyhotel's control (force majeure, fault of third parties, etc.). Planned or necessary maintenance work that results in downtime and has been previously notified as a maintenance window is considered available. Another part of the service obligation is the contractually agreed service packages and options. happyhotel reserves the right to modify or improve the service. If the scope of services is limited, the customer has an extraordinary right of termination. If services are provided free of charge, happyhotel is entitled to discontinue them without notice and without notice. A claim for reduction, reimbursement or compensation cannot be made as a result. In the event of a fundamental change in the legal or technical standard on the Internet, Happyhotel is allowed to terminate extraordinarily if this makes it unreasonable for Happyhotel to provide its services in whole or in part within the scope of the purpose of the contract.

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Confidentiality and data protection

happyhotel undertakes to keep secret all information and documents available in connection with the conclusion of the contract which are described as confidential or are clearly identifiable as the customer's business or trade secrets under other circumstances and not to record, pass on or exploit them — unless necessary to achieve the purpose of the contract. Happyhotel has ensured through appropriate contractual agreements with the employees and/or agents working for them that They too shall refrain from any use, transfer or unauthorized recording of such business and trade secrets. The customer has corresponding obligations with regard to happyhotel's business and trade secrets. The customer agrees that his personal data received as part of the business relationship will be stored and automatically processed in order to process the business relationship. The customer is hereby informed that happyhotel and contracted vicarious agents process your data automatically in accordance with Section 33 paragraph 1 Federal Data Protection Act and in accordance with Section 4 of the Teleservices Data Protection Act (TDDSG). The customer is entitled to request the data stored about him or his pseudonym from happyhotel free of charge at any time.
happyhotel undertakes to use this data solely for the provision of services and not to pass it on to third parties, unless these third parties are involved in providing the service. The customer releases happyhotel from all claims made by third parties with regard to data provided by the customer. Unless otherwise agreed, the customer allows communication by fax and e-mail.
Despite all due care, computer viruses or the like can be transmitted when communicating via e-mail. The customer must take appropriate security measures to prevent damage to his systems. E-mails and faxes can be read by third parties. This risk can be reduced through encryption but cannot be completely ruled out. The customer accepts this.

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Payment terms

All prices quoted by happyhotel are exclusive of statutory value added tax, unless otherwise stated. The agreed basic charges are payable in advance in accordance with the contractual agreement and are due upon receipt of the invoice. Payments from the client to the contractor for use within Internet services or for other products within the system can be made via electronic direct debit, credit card and PayPal via happyhotel. In the case of billing via happyhotel, happyhotel is entitled by the customer to collect the payment to be made by him from an account to be named by the customer. In the case of chargebacks, Happyhotel is entitled to charge a processing fee of 8.00€ per direct debit. If the monthly or annual subscription costs cannot be deducted from the credit card or account in time, the user's access to the system will be blocked. After receipt of payment, access to the system is enabled again. The offsetting against disputed and not legally established counterclaims, as well as the withholding of payments by the customer due to counterclaims arising from other contractual relationships, are excluded. Payments are always offset against the oldest outstanding claim.
It is possible to switch from a monthly to an annual subscription with effect from the first day of the next billing month. The subscription is then automatically renewed for one year. The same applies to switching from a monthly/annual subscription to another monthly/annual subscription. It is possible to switch from an annual to a monthly subscription up to the last day of the fiscal year and with effect from the first day of the next billing year, provided that a monthly subscription is available. The subscription will then automatically continue on a monthly basis.

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Collaboration and customer obligations

The customer is obliged to provide appropriate funding to the account specified by him in the direct debit authorization. The customer assures that the data provided by him is correct and complete and that he does not receive happyhotel's services as a consumer. He undertakes to immediately inform happyhotel of any changes to the data provided (in particular about changes to the customer's bank account details). The customer releases happyhotel from all claims by third parties arising from the infringement of their property rights by the content presented or transmitted by the customer via the Internet. The indemnification is made in such a way that the customer must reimburse happyhotel for all expenses incurred, including legal defense costs, with claims made by the third party.

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Customer liability

The customer is liable for all damages and legal consequences that happyhotel or its vicarious agents incur as a result of misuse or illegal use of the portal.

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Liability limitations

Claims for damages due to breaches of duty and tort can only be asserted against happyhotel and its vicarious and vicarious agents if intentional or grossly negligent action can be proven. The above disclaimer does not concern the breach of essential contractual obligations (cardinal obligations). Happyhotel's liability for guaranteed characteristics, personal injury and mandatory legal regulations also remains unaffected. Happyhotel is not responsible for performance problems due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the customer cannot complain about a reduction of his service obligation. Happyhotel is not liable for the information published about its services. The sender is responsible for their accuracy, completeness and timeliness. Happyhotel is not liable for damage that the customer may incur as a result of lack of security measures when transmitting data. A possible liability for compensation is limited to the amount of the annual fee. Liability for damage resulting from data loss is limited to the amount that would have arisen if data was properly backed up, but not more than the annual fee. Compensation claims by the customer expire one year after they arise, without prejudice to the provision of Section 202 BGB. This reduction does not apply if Happyhotel acted with gross negligence or intent.

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Salvatory clause

Should any provision of these terms and conditions be invalid, this shall not affect the validity of the remaining provisions.

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Applicable law and Place of jurisdiction

German law applies. The place of jurisdiction for all disputes arising from the parties' contractual relationship is Offenburg.
Status: 24.04.2024

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Withdrawal policy

Right of Withdrawal

You can cancel your contract within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or — if the item is handed over to you before the deadline expires — by returning the item. The period begins after receipt of this notice in text form, but not before receipt of the goods by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before fulfilment of our information obligations in accordance with Section 312c (1) BGB in conjunction with Art. 246 Sections 1 and 2 EGBGB and our obligations under Section 312e (1) sentence 1 BGB in conjunction with Art. 246 § 3 EGBGB The cancellation period is sufficient to send the revocation or the item in good time. The revocation must be sent to:

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Revenue Cloud Solutions GmbH
Im unteren Angel 1
77652 Offenburg

Phone: +49 (0) 781 9605239910
Mail: info@happyhotel.io

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Withdrawal consequences

In the event of an effective withdrawal, the benefits received by both parties must be reimbursed and any benefits derived (e.g. interest) must be returned. If you are unable to return the received service to us in whole or in part or only in a worsened condition, you may have to pay us compensation in this respect. When handing over items, this does not apply if the deterioration of the item is due exclusively to their inspection — as would have been possible for you in a retail store, for example. You do not have to pay compensation for any damage caused by the intended use of the item. Items that can be sent as parcels must be returned at our risk. You must bear the costs of returning the goods if the delivered goods correspond to what you ordered and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return is free of charge for you. Items that cannot be shipped as parcels will be picked up from you. Obligations to refund payments must be met within 30 days. The period begins for you when you send your declaration of withdrawal or the item, and for us when you receive it.

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