General terms and conditions
to use the Skiper reservation system
These General Terms and Conditions (hereinafter referred to as "GTC")
govern the use by consumers (hereinafter referred to as "users") of the
reservation system provided by Skiper Technologies GmbH, Leopoldstraße 31
in 80802 Munich (hereinafter referred to as "Skiper") via the website
www.Skiper.io (hereinafter referred to as "website"). The Website is a
reservation system with which the user is given the opportunity to search
for services made available via the Internet and, if applicable, to
conclude a contract directly with the commercial provider (hereinafter
"Provider"). Skiper only acts as an intermediary. The contract itself is
concluded exclusively between the provider and the user.
§ 1 General regulations
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These GTC's apply between the user of the website and Skiper and can be
downloaded by the user into his working memory. These GTC's can also be
requested from Skiper by e-mail or in writing.
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The user contract with Skiper concluded with a registration begins with
the sending of the search request and ends with the placing of the
order with the provider, unless the user has already withdrawn the
search request earlier.
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With each use of the reservation system, the user accepts the current
version of these GTC as binding for all legal relationships. Skiper
does not recognise any other terms and conditions. These do not become
part of the contract even if Skiper does not expressly object to them.
§ 2 Access to the market place
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Skiper offers the user a reservation system (Skiper Marketplace, Skiper
Portal, Skiper Mobile App, Skiper Affiliates and Partner Network)
through which the user can search for services and conclude a contract
with the provider.
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Registration by the user is not a mandatory requirement for using the
reservation system, but is necessary in order to be able to use all the
advantages of the reservation system. Only individual natural persons,
legal entities and partnerships with full legal capacity may register.
There is no entitlement to use the reservation system.
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A valid e-mail address and a password of your choice are also required
for registration.
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The user guarantees that the information provided by him, in particular
in the context of the use, is true and complete. The user undertakes to
inform Skiper immediately of any future changes to the information
provided.
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Skiper is entitled to withdraw the use of a user or to block access to
the reservation system if there is sufficient suspicion that the user
has violated these GTC. The user can avert these measures if he
eliminates the suspicion by presenting suitable evidence at his own
expense.
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All logins are individualised and may only be used by the respective
authorised user. The user is obliged to keep the login and password
secret and to protect them from unauthorised access by third parties.
In the event of suspected misuse by a third party, the user shall
inform Skiper thereof without delay. As soon as Skiper becomes aware of
the unauthorised use, Skiper will block the access of the unauthorised
user. Skiper reserves the right to change the login and password of a
user; in such a case, Skiper will inform the user of this without
delay.
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You must cancel reservations that you are unable to take as early as
possible, but no later than the time indicated in the email
confirmation message. To do this, you can use the link in the email
confirmation or make the cancellation in the "Reservations" section of
your user account.
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In certain cases, the Skiper Services will allow you to submit a review
about a restaurant listed on Skiper (e.g. following a reservation made
using the reservation function).
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Your rating may be at your discretion and without influence from
Skiper. It must not contravene the relevant provisions of these General
Terms and Conditions of Use or any statutory provisions.
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Not permitted are:
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Multiple ratings: each user may only submit one rating per visit to
a restaurant.
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Self-assessments: restaurants listed on the Skiper Services may not
submit or have submitted assessments about themselves by the owner, its
employees or agents, or in any other way.
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Skiper reviews and checks reviews and other content submitted by you
before publication at its own discretion, after publication in the event of
a complaint by the partner or third parties. Skiper is entitled, but not
obliged, to publish the reviews you have submitted. In particular, Skiper
reserves the right, e.g. in the event of violations of these terms and
conditions, not to publish individual ratings or parts of ratings in whole
or in part or to delete them subsequently.
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Without prejudice to any other rights, Skiper reserves the right to
deactivate the rating function and/or other Skiper services for the End
User if the End User repeatedly violates the relevant provisions of these
Terms of Use or legal regulations when submitting ratings and Skiper has
notified the End User of this in advance.
§ 3 Skiper's services
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The reservation system has extensive functionalities to manage all
current reservations and other business transactions as well as an
integrated, automated messaging system to simplify communication
between provider and user.
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Skiper's services consist of, among other things:
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Provision of the possibilities to use the reservation system;
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Forwarding of the user's search query according to his search criteria
for contacting and concluding a contract with the provider;
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Creation of information and communication possibilities among the
contracting parties.
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Skiper does not guarantee the conclusion of a contract. Its activity is
only aimed at bringing users and providers together.
§ 4 Settlement of contracts concluded through mediation
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The providers registered on the reservation system are independent
entrepreneurs.
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By sending an order enquiry, an offer to conclude a contract on the
purchase of the goods ordered by the user is transmitted to the
provider. The user then receives a confirmation of receipt, which does
not yet constitute a binding contract. A binding contract is only
concluded when the user's enquiry is accepted in a binding manner by
e-mail or by telephone.
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The contract is concluded exclusively between the provider and the
user. Skiper has no influence on the conclusion or non-conclusion of a
contract. The decision as to whether a contract with the provider is
concluded depends on the corresponding conditions of the provider and
is the sole responsibility of the provider. As a matter of principle,
the user must independently check whether the provider selected by him
fulfils the desired specifications and corresponds to the user's
wishes.
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Actions using the respective login of a user are generally attributable
to the user. Users are responsible for all declarations of intent made
themselves on the reservation system. For declarations made by third
parties under the user's member account, the users are liable to a
foreseeable extent according to the principles of a contract with
protective effect for third parties.
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Skiper does not provide any guarantee for the information provided by
the provider in the profile or in the offer or for the fulfilment of
the concluded contracts, nor does it assume any liability for material
defects or defects of title of the traded goods and services. Skiper
has no obligation to ensure the fulfilment of the contracts concluded
between the user and the provider. Likewise, Skiper does not assume any
liability for possible breaches of duty by the provider.
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Skiper cannot guarantee the true identity and power of disposal of the
provider. In case of doubt, the user and the provider are required to
inform themselves in an appropriate manner about the true identity and
the power of disposal of the other contracting party.
§ 5 Liability Skipers
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Skiper is liable for intent and gross negligence without limitation,
but for slight negligence only in the event of a breach of material
contractual obligations. Liability in the event of a breach of material
contractual obligations is limited to the damage typical for the
contract, the occurrence of which Skiper had to expect at the time of
conclusion of the contract on the basis of the circumstances known at
that time.
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Skiper accepts no liability for faults within the pipeline network for
which Skiper is not responsible.
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Skiper shall only be liable for the loss of data in accordance with the
above paragraphs if such loss could not have been avoided through
reasonable data backup measures on the part of the user.
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Liability does not extend to impairments of the contractual use of the
services provided by Skiper on the reservation system caused by
improper or incorrect use by the user.
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The above limitations of liability shall also apply mutatis mutandis in
favour of Skiper's vicarious agents.
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Insofar as the reservation system offers the possibility of forwarding
to databases, websites, services etc. of third parties, e.g. by setting
links or hyperlinks, Skiper is not liable for the accessibility,
existence or security of these databases or services, nor for their
content. third parties, e.g. through the setting of links or
hyperlinks, Skiper is not liable for the accessibility, existence or
security of these databases or services, nor for their content. In
particular, Skiper is not liable for their legality, correctness of
content, completeness, up-to-dateness, etc.
§ 6 Copyrights
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The website and its underlying software and database are protected by
copyright. This applies in particular to rights to published texts, the
design of the site and the logos used.
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The provision for use within the scope of these General Terms and
Conditions does not constitute a waiver of copyrights.
§ 7 Data security and privacy policy
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Skiper's servers are secured in accordance with the state of the art,
in particular by firewalls; however, the user is aware that there is a
risk for all participants that transmitted data can be read in the
transmission path. This applies not only to the exchange of information
via e-mail leaving the system, but also to the integrated messaging
system and all other transmissions of data. The confidentiality of data
transmitted within the framework of the use of the reservation system
can therefore not be guaranteed.
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Further information on data protection and the handling of personal
data can be found in the data protection declaration.
§ 8 Dispute resolution
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According to the EU Regulation No. 524/2013 on Online Dispute Resolution
in Consumer Matters, consumers are provided with the possibility to settle
disputes with traders in connection with online sales contracts or online
service contracts out of court via an online reservation system (OS
platform). You can reach this platform via the link:
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https://ec.europa.eu/consumers/odr
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Pursuant to §§ 36, 37 VSBG, the portal operator informs that it is
neither willing nor obliged to participate in dispute resolution
proceedings before a consumer arbitration board.
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Cancellation policy / Cancellation form
1. cancellation policy / use of portal
Information on the statutory right of withdrawal for consumers
Right of withdrawal
You have the right to cancel this contract within fourteen days without
giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of
the contract.
To exercise your right of withdrawal, you must contact us (Skiper
Technologies GmbH, Leopoldstraße 31, 80802 Munich, Tel: 0151-61853180,
Email: Support@Skiper.io
by means of a clear declaration (e.g. a letter sent by post, fax or email)
of your decision to revoke this contract. You can use the attached model
withdrawal form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the
notification of the exercise of the right of cancellation before the end of
the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we
have received from you, including the delivery costs (with the exception of
the additional costs resulting from the fact that you have chosen a type of
delivery other than the cheapest standard delivery offered by us), without
delay and at the latest within fourteen days from the day on which we
received the notification of your withdrawal from this contract. For this
repayment, we will use the same means of payment that you used for the
original transaction, unless expressly agreed otherwise with you; in no
case will you be charged for this repayment.
If you have requested that the service should begin during the withdrawal
period, you must pay us a reasonable amount corresponding to the proportion
of the services already provided up to the time you notify us of the
exercise of the right of withdrawal with regard to this contract compared
to the total scope of the services provided for in the contract.
End of the cancellation policy
Exclusion of the right of withdrawal:
Pursuant to Section 312 g (2) No. 9 of the German Civil Code (BGB), the
right of withdrawal does not apply to contracts for the provision of
services in connection with leisure activities if the contract provides for
a specific date or period for the provision of the services.
2. withdrawal form
Sample cancellation form
(If you wish to revoke the contract, please complete and return this form).
To Skiper Technologies GmbH, Leopoldstraße 31, 80802 Munich, Email:
Support@Skiper.io
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase
of the following goods (*) / the provision of the following service (*):
________________________________
Ordered on (*) / received on (*): __________________
Name of the consumer(s): __________________
Address of the consumer(s): __________________
Signature of the consumer(s) (only in the case of notification on paper):
__________________
Date: __________________
(*) Delete as applicable.