(A) Weekengo GmbH ("weekengo ") provides a search engine for hotels and flights that finds low-priced offers from various providers on different hotel and flight booking sites ("Application"). Weekengo is therefore neither a travel agent nor a tour operator.
1. CONTENT OF THE OFFER
Weekengo GmbH, Burghofstraße 40, 40549 Düsseldorf operates the mobile App weekengo and the Website weekengo.com for comparing prices of flights and hotel stays that are offered or arranged by third parties. The Application is purely a price search engine. It searches through different hotel websites, websites of online travel agencies and tour operators and also airlines ("Third-Party Providers") to show users the least expensive possible combinations for their weekend trip. The Application offers the option to customise the search using individual criteria.
2. SERVICES PROVIDED BY WEEKENGO
2.1 Weekengo is solely the operator of the search engine usable by means of the App and the Website and will not become a party to any contract in the event that flight or hotel services are then booked. After using the search functions, you as a user have the option to book the selected flight and hotel services directly with the respective Third-Party Provider. Weekengo solely provides the technical capabilities for finding the deals as well as the technical connection for directing you to the booking website of the Third-Party Provider. Weekengo does not guarantee the accessibility of the website of the Third-Party Provider.
2.2 Solely the respective Third-Party Provider is responsible for the bookings made via the Third-Party Provider's booking website. The booking is subject to the Third-Party Provider's respective terms and conditions and data protection provisions as well as any other terms and conditions of the service provider (such as transport conditions of the airline, GTCs of the hotel).
2.3 Since weekengo is not a party to a contract for any flight and/or hotel services booked with the Third-Party Providers via the App or Website, any rights arising in connection with the booking shall be asserted by you as a user solely towards the respective Third-Party Provider as a party to the contract. In this context weekengo also does not provide any communication whatsoever, nor does it forward such communication to the Third-Party Providers.
2.4 The App and the Website show content, prices, availability and other information provided of the respective Third-Party Providers. Weekengo does not assume any liability for the accuracy and timeliness of such information. Rather, such information is accessed by the Third-Party Providers' websites and data interfaces at regular intervals and is shown to users with the status of the last time such information was accessed. Due to fluctuations that may occur in the meantime, which are constantly possible in terms of hotel and air fares as well as availability, it is therefore possible that the prices and data displayed may not be the most current. Moreover, additional fees may be charged by the Third-Party Provider that are beyond the reasonable influence of weekengo.
2.5 Weekengo does not guarantee the availability of the service or the functionality of the user account. Weekengo is entitled to discontinue the App and the Website at any time and without prior notice.
3. RIGHTS AND OBLIGATIONS OF THE USER
3.1 Responsibility of the user
As a user, you acknowledge and agree that the flight and hotel services found via the App or the Website and reserved with Third-Party Providers are independent travel services and do not constitute a package tour. You are directly responsible for combining the various travel services. It is possible that different terms and conditions apply to each travel service. Furthermore, changes made to one booking will have no impact on the other booking. The cancellation of an outbound flight, for example, will therefore have no impact on the hotel stay booked separately or a return flight that may have been booked separately.
3.2 User account
3.3 Account data
As a user, you are not permitted to pass on your use and access data to third parties. You must ensure that your account data and your password are treated confidentially. You are accountable to weekengo and third parties for the use of your account.
3.4 Deletion of the user account
As a user, you are entitled to terminate your registration for the future at any time and to request the deletion of your data. If the account is deleted, all your personal data will be deleted permanently and completely.
3.5 Unauthorized use
4.1 Liability of the user
4.2 General limitation of liability
Weekengo shall be liable for damage, on whatever legal grounds, principally only in cases of intent or gross negligence. This limitation of liability shall not apply to damage due to injury to life, body or health, due to the breach of material contractual obligations, within the scope of the Product Liability Act, or where an explicit guarantee has been furnished. Material contractual obligations in this context are those obligations which must be fulfilled in order for the object of the contract to be achieved. If such material contractual obligations are breached, weekengo shall be liable only for the damage that is foreseeable and typical of the contract if such damage is caused by slight negligence, unless the damage claims of the user are due to injury to life, body or health.
4.3 Vicarious agents and legal representatives
The above liability regulations shall apply mutatis mutandis to the liability of weekengo in the event of a breach of obligations on the part of its legal representatives, employees or vicarious agents.
5. Data protection
5.2 If, when registering the account or at another point in time, you agree to receive information about offers or promotions (such as email newsletters, push notifications), you will receive information from weekengo at regular intervals. You are entitled to revoke your consent in writing or via email at any time.
6. Final provisions
6.1 Applicable law
The laws of the Federal Republic of Germany shall apply unless internationally mandatory statutory regulations or international conventions, particularly mandatory consumer protection regulations, provide otherwise.
If the user is a merchant or has no general place of jurisdiction in Germany, the place of jurisdiction for all legal disputes arising from this agreement shall be Düsseldorf.
6.3 Applicability and modification rights
6.4 Severability clause
If any individual provisions of this contract should be invalid, the validity of the remaining provisions shall remain unaffected. The parties to the contract shall endeavour to replace the invalid provision with a provision that legally and economically best reflects the objective of the contract.