General Terms of Use GLOBEGURU for Users

Preamble

The internet platform GLOBEGURU is provided by GLOBEGURU GmbH, represented by the managing director Ralf Versteegden, Große Bleichen 10, 20354 Hamburg, AG Hamburg, HRB : 158453 (hereinafter only referred to as "GLOBEGURU").

The platform GLOBEGURU offers registered users of the social network Instagram (hereinafter only referred to as "users") the possibility to contact accommodation providers (hotels, motels, apartments, bed & breakfasts). GLOBEGURU offers them the possibility to request offers from the accommodation providers, such as discounts, upgrades, additional services and free overnight stays (hereinafter referred to as "deals"). In return, the user publishes content about the accommodation provider on Instagram. GLOBEGURU acts as an intermediary between the user and the accommodation provider and is not a contracting party or representative of the platform users involved.

§ 1 Conclusion of contract

  1. The user must first be provided with a user account on the GLOBEGURU platform in order to take advantage of the deals offered. He can create a personal user account via the platform GLOBEGURU. The website merely represents an offer for the submission of offers by the user. A valid e-mail address and the Instagram name must be provided for the application.
  2. If the quality of the user's Instagram account meets the GLOBEGURU criteria, GLOBEGURU accepts the user's offer by sending a confirmation e-mail to the e-mail address specified in the Instagram profile. GLOBEGURU does not receive the personal login information from Instagram.

§ 2 Services provided by GLOBEGURU

  1. GLOBEGURU ensures the operation and support of the internet platform GLOBEGURU under the URL www.globeguru.com . Users with a user account are given the opportunity to request deals from the accommodation provider via the platform.
  2. GLOBEGURU reserves the right to reject deal requests from users without giving reasons within a period of 7 working days. There is no entitlement to activation of the user account for the deal request. Offers not accepted within the deadline are considered rejected. If the user's offer is rejected, the transmitted data will be deleted immediately along with the data entered for the Instagram account.
  3. GLOBEGURU supports the user in the communication and the conclusion of the contract with the accommodation provider through the standardised communication and functional structure provided on the platform. GLOBEGURU transmits the name, address, telephone number and the Instagram name of the user to the accommodation provider upon request of a deal. Services confirmed by the Accommodation Provider will be confirmed to the User in the form of uniform GLOBEGURU e-mail vouchers
  4. GLOBEGURU checks in advance the offers of the accommodation providers for the following contents:
    1. The accommodation costs for a benefit or business deal shall not exceed, as far as possible, the lowest available accommodation price of the accommodation provider for the requested booking period ("BestPrice" guarantee).
    2. Free cancellation is guaranteed by the provider up to 48 hours before the day of arrival.

§ § 3 Services of the user

  1. In addition, the user shall ensure that he fulfils his labelling obligations in an appropriate manner. In particular, the user must appropriately label his contributions published in the social network Instagram as "advertising" or "advertising" as a result of the fulfilment of a deal. Furthermore, in connection with the fulfillment of a deal, the user undertakes not to post any content which
    1. intentionally or grossly negligently contain untrue statements of fact,
    2. are threatening, coercive, offensive, defamatory and/or pornographic to minors,
    3. have content that violates the laws for the protection of minors, is racist, incites hatred against the people, is anti-constitutional or/and otherwise punishable by law,
    4. Violate applicable law, in particular violate the property rights of third parties, e.g. U, protection, copyright, personal rights, property rights or other rights of third parties,
    5. hyperlinks or similar information/references or are likely to impair the functioning of third-party data processing systems, in particular computers,
  2. Furthermore, the user is obliged to fulfil the conditions of the accommodation provider stipulated in the deal at the latest within 7 days and to upload them in the user backend to GLOBEGURU, globeguru.com, so that both the accommodation provider and GLOBEGURU can trace the fulfilment of the stipulated conditions (posts, stories about the accommodation provider). GLOBEGURU also has the unrestricted right to use the uploaded posts and stories of the user without restriction, e.g. on the GLOBEGURU website or in the GLOBEGURU newsletter.

§ 4 Right of revocation

As far as the user acts as a consumer, he is aware that he is not entitled to any right of revocation, as far as it concerns contracts for the provision of services in the areas of accommodation for other purposes than residential purposes, transport of goods, car rental, delivery of food and beverages as well as for the provision of further services in connection with leisure activities, if the contract provides for a specific date or period for the provision.

§ 5 Communication between provider and user

  1. Communication shall take place exclusively via the platform and by e-mail. In the event of a deal request by a user, GLOBEGURU shall inform the accommodation provider of the user's request to check the concrete availability. There is no obligation on the part of the provider to accept a deal request.
  2. In case of acceptance, the user receives an automatically generated e-mail confirmation with voucher from the GLOBEGURU platform. In case of a benefit or business deal, the concrete booking information together with the price will be communicated after the availability check. In the relationship between accommodation provider and user, the terms and conditions of the accommodation provider apply to the accommodation or services. An inclusion of the GLOBEGURU terms and conditions is not possible. As soon as the user accepts this offer, he automatically receives a voucher.
  3. In case of cancellation the user receives a cancellation e-mail from the GLOBEGURU system. This mail traffic is completely managed and sent via the GLOBEGURU platform.
  4. The user can request up to three deals per day (0-24 o'clock) and per destination (city, country, island etc.).

§ 6 Termination

  1. Duration of the contract. The agreement begins with the acceptance of the contract offer by GLOBEGURU and runs for an indefinite period. As far as no obligations of the user for the fulfilment of obligations according to § 3 are outstanding, this user contract can be terminated at any time by both sides with a period of notice of 2 weeks to the end of a calendar month.
  2. Extraordinary termination. The right to termination without notice for good cause remains unaffected.
  3. Important reason. As important reason are considered in particular, but not exclusively
    1. the use of infringing content by the user,
    2. the delay of the user with achievements in accordance with § 3 after reminder in text form,
    3. the violation of essential contractual obligations, or
    4. multiple requests for deals with no recognisable commitment, e.g. through multiple rejections of binding offers from accommodation providers.

    Good cause shall also be deemed to exist if, at least once, the quality of the media service provided by the user is not sufficient for the respective accommodation provider and the accommodation provider has requested the user via the platform to delete the published content or not to link the provider. The user receives a request from GLOBEGURU upon this request.

    Should the user demonstrably not have provided any media consideration without stating reasons, GLOBEGURU reserves the right to terminate the concluded user contract with the user without notice for good cause.

  4. The termination must be in text form.

§ 7 Remuneration

The use of the platform is free of charge for the user. This expressly does not apply to payable contracts between the user and the accommodation provider.

§ 8 Liability

  1. A liability of GLOBEGURU no matter on what legal ground only occurs if the damage is caused by
    1. has been caused by culpable violation of one of the cardinal obligations or essential ancillary obligations in a manner that endangers the achievement of the purpose of the contract, or
    2. is due to gross negligence or intent on the part of GLOBEGURU.
  2. If GLOBEGURU is liable according to paragraph 1 lit. a. for the violation of an essential contractual obligation without gross negligence or intent, the liability is limited to the extent of damage which GLOBEGURU typically had to expect at the time of conclusion of the contract due to the circumstances known to GLOBEGURU at that time. This also applies to damages caused by gross negligence or intent of employees of GLOBEGURU's representatives who are not part of GLOBEGURU's managing directors or executive employees. Liability for consequential damages, in particular for loss of profit or compensation for damages to third parties, is excluded, unless GLOBEGURU is guilty of intent or gross negligence.
  3. Claims for damages according to the Product Liability Act and for damages resulting from injury to life, body or health shall remain unaffected by the above limitations of liability.
  4. GLOBEGURU has only a mediating role in relation to the accommodation provider and towards the user and therefore does not assume any warranty for products or services of the accommodation provider.
  5. The above limitations of liability also apply in favour of any legal representatives and vicarious agents of GLOBEGURU involved.
  6. GLOBEGURU is not liable for the deals and contents posted by the accommodation provider which do not meet the requirements according to § 2 and § 5. GLOBEGURU is not liable for the claims contained in the content about products and/or services of the accommodation provider. Possible breaches of competition law, copyright law, trademark law, data protection law or other legal violations of measures are the responsibility of the accommodation provider.
  7. The user indemnifies GLOBEGURU from any claims of third parties. The indemnity is limited to the legal attorney and court fees with regard to the costs of the defence. Any settlement between GLOBEGURU and the claimant is subject to the user's consent. GLOBEGURU will inform the claimant about this.
  8. If GLOBEGURU becomes aware of illegal contents of the user, GLOBEGURU is entitled to demand the removal of the link from the user.
  9. If the user does not fulfil his obligations from § 3 after a reminder, he owes GLOBEGURU the monetary value of his free nights, upgrades or additional services received from the accommodation provider. GLOBEGURU does not back up the content posted by the user and the e-mails received.

§ 9 Data protection

GLOBEGURU stores and processes the personal data of the user in compliance with the applicable legal provisions exclusively for the fulfilment of this contract. The user's data (such as title, name, address, e-mail address, telephone number) possibly received from the accommodation provider and via the granting of Instagram profile access are collected exclusively from the accommodation provider, processed and used on the server of GLOBEGURU as far as this is necessary for the establishment, execution, modification or termination of this contract. GLOBEGURU is entitled to transfer the data to third parties commissioned by GLOBEGURU as far as this is necessary for GLOBEGURU to fulfil its obligations under this contract. The user can revoke the consent given here at any time with effect for the future. Otherwise, the data protection declaration available at www.globeguru.com/privacy shall apply

§ 10 fehlt

fehlt

§ 11 Subject to change

  1. GLOBEGURU reserves the right to change these terms and conditions, unless the change or deviation is unreasonable for the user considering the interests of GLOBEGURU. GLOBEGURU will inform the user about the change of these contractual conditions at the latest 6 weeks before the planned validity in text form. If the user does not object to the validity of the new GTC within 6 weeks after notification, the amended GTC shall be deemed accepted by the user. GLOBEGURU will inform the user in the notification about his right of objection as well as at the next login after notification of the change.
  2. ) If the user objects to the new terms of use, the contractual relationship will be terminated at the announced entry into force of the new terms of use. An extension is excluded in this case. The previously agreed terms and conditions shall continue to apply until the termination date.

§ 12 Final provisions

  1. General terms and conditions of the user shall not apply, even if inclusion has not been expressly objected to.
  2. Changes, additions and cancellations of the contract concluded on the basis of these terms and conditions require at least text form. Also a cancellation of this contract or a change of this form clause require the text form. No collateral agreements have been made.
  3. The law of the Federal Republic of Germany shall apply to the exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods..
  4. Place of performance and jurisdiction is the registered office of GLOBEGURU.
  5. Should any provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by a provision that comes as close as possible to what the parties intended, taking into account economic aspects. The same shall apply in the event that any amendments to the agreement become necessary. § 139 BGB does not apply.