General Terms and Conditions

Introduction

Holidu GmbH, Riesstraße 24, 80992 Munich, Germany (hereafter referred to as "Holidu") offers its Users the possibility to search for and compare worldwide tourist accommodation such as holiday flats, holiday homes and hotel rooms (hereafter referred to as "Accommodation") as well as other related services (hereafter referred to as "Services") (Accommodation and Services hereafter jointly referred to as "Services") from third-party providers (hereafter referred to as "Third-Party Providers") and, after being forwarded, to inquire or book directly with the Third-Party Provider - if necessary via an external portal (hereinafter referred to as "Services").  Holidu also offers its Users the possibility to make a binding request for services directly at Holidu ( hereinafter referred to as "express booking" ). A User is any person who visits or uses the Holidu website or makes a booking directly or indirectly via the Holidu website.

Table of content

General Terms and Conditions of Business and Use

1.1 These General Terms and Conditions of Business and Use (referred to as "GTC" and “T&Cs”) apply to all services that Holidu makes available to the User directly or indirectly via the Internet, by e-mail or by telephone, irrespective of the domains (www.holidu.com/de/at etc.) or apps (collectively referred to hereinafter as the "Website") through which the User accesses Holidu's services.       

1.2 The GTC apply exclusively; pre-formulated terms and conditions of the User which deviate from these GTC shall not become part of the contract, even if Holidu is aware of them, unless Holidu expressly agrees to their validity in writing.

1.3 These GTC apply independently of the provisions, regulations and general terms and conditions that the respective third-party provider may base the contractual relationship with the User on and which the User may have to accept on the external portal of the third-party provider prior to booking. It is the sole responsibility of the User to save or otherwise secure for his/her own purposes the terms, regulations and general terms and conditions of the third party provider or the external portal used by the third party provider through which he/she makes the booking, if applicable. Holidu has no influence on the terms, regulations and terms and conditions of the third party provider.     

1.4 The contract language is English.

1.5 Holidu will inform the User 6 weeks prior to the effective date of new or amended T&Cs by email about the change of the T&Cs.  If the proposed changes to the T&Cs are material, Holidu will request the User to expressly agree to the amended T&Cs within a set period of time. Material changes are in particular changes with regard to clauses 2, 3. In the event of (i) immaterial changes to the T&Cs that do not affect material provisions, in particular provisions that define the nature and scope of the services provided by Holidu as well as the rights and obligations under the T&Cs, or that only change minor details of the T&Cs, such as links or spelling errors that are not required by law, or (ii) changes that are required by law, a final court decision or a binding order of a competent authority, the continued use of the Website and its services after the date on which the planned changes come into force shall be deemed to constitute consent to the amended T&Cs. In this case, Holidu will also inform the User in the announcement email about the right to reject the proposed changes, the timeframe of the possible rejection, and the right to terminate the contract with Holidu free of charge at any time before the effective date of the proposed changes. The amended T&Cs will also be available as a new, updated contract text at https://www.holidu.co.uk/gtc.

2.1 General

2.1.1 Holidu does not charge the User for the use of the Website.

2.1.2 Holidu, however, provides its services exclusively to Users for personal use. Personal use expressly does not include the temporary use of the accommodation for residential purposes.

2.1.3 Holidu will, if necessary, temporarily disable or restrict access to the website for maintenance or other purposes and inform the User of this when the page is accessed. Users have no claim to uninterrupted availability of the website.

2.2 User account

2.2.1 For the use of some functionalities, in particular for renewed access to relevant information after a booking has been made, such as the saving of the booking confirmation or for the possibility of saving accommodation in a list of favourites for later access, it is necessary to set up a User account. 

2.2.2 A User account can be set up with the personal email address or with the personal profile of a social network (e.g. Facebook) or Google.      

2.2.3 When registering via a social network or Google account, the User account is created with the data transmitted by the social network or Google. Further information on this can be found in the privacy policy https://www.holidu.co.uk/privacy.

2.2.4 The User is responsible for the accuracy and completeness of the personal information provided. The User is responsible to Holidu as well as to third parties, in particular the third party provider, for the use of his User account. Therefore, the User is obliged to treat his User account data confidentially and may not make it available to third parties. The User is obliged to inform Holidu immediately of any knowledge or suspicion of unauthorized use of his User account.

2.2.5 The User account can be accessed from any terminal device (e.g. PC, mobile phone). For this purpose, the User receives a personal login link by e-mail or can use the personal profile of Google or a social network used for registration to log in.

2.2.6 Holidu reserves the right to temporarily block User accounts, to irrevocably delete them or to take other necessary measures (in particular warnings) if the User culpably violates legal regulations, third party rights such as, in particular, name, copyright and trademark rights or these GTC or pursues fraudulent intentions ("virtual domiciliary rights"). Contracts already concluded shall remain unaffected by the aforementioned measures. 

2.2.7 The deletion of a User account can be requested by the User by sending an e-mail to service@holidu.com. 

2.3 Use of the website as an information search and booking portal      

2.3.1 The User has the option of searching for services from third-party providers on the basis of self-selected parameters on the website and retrieving more detailed information on the accommodation he/she has selected, in particular on features such as equipment, location, exterior view, customer rating, price, availability, etc. The User can search for third-party providers on the basis of self-selected parameters on the website and retrieve more detailed information on the accommodation he/she has selected. 

2.3.2 Services selected by the User can (i) be requested and/or booked directly with an external portal of the third party provider after being forwarded to it; in these cases, Holidu exclusively carries out the technical forwarding of the information transmitted by the User and the booking request to the external portal of the third party provider or the latter directly, or (ii) be requested bindingly on the Holidu website by express booking. 

2.3.3 In individual cases and upon request, the Holidu team will support the User in using the search function by telephone or e-mail. However, the User does not have a corresponding claim to this.

3.1 The User can select the services he wishes to use from the offers presented by the third-party providers without obligation. 

3.2 The User can use the search function provided for this purpose, with which the desired destination, the arrival and departure dates and the number of guests are queried. If the User clicks on the "Search" button, the results matching his or her search criteria are displayed.

3.3 The User can adjust the search criteria at any time by clicking on the respective search criterion in the header of the website and then on the button visible hereunder, which leads to the application of the search criteria.

3.4 By clicking on the "Offer Button", the User is directed to the desired offer. 

3.5 If the booking is made directly via the external portal of the third party provider, the User is forwarded to the website of the third party provider by clicking on the "Offer" button. The booking process is based on the information provided by the third-party provider. 

3.6 If the booking is made as an express booking via the Holidu website, the booking process is as follows:

3.6.1 By clicking on the "offer button", the User is taken to a sub-page. On this sub-page, the essential features of the respective service of the third-party provider are summarized. Among other things, the User is informed about the available means of payment and the availability of the offer. 

3.6.2 By clicking the button that indicates the continuation of the booking process, the User continues in the booking process. The User is then asked to provide the information required for the booking, in particular first and last name, street and house number, postcode, town, country, e-mail address and telephone number. The User is obliged to provide truthful and complete information. At this point, the User has the opportunity - if offered - to individually adjust the number of persons traveling. Furthermore, the User can book separately remunerated services at this point, insofar as such services are offered by the respective third-party provider. If incorrect information in the booking form leads to errors in the booking or the contract with the third party provider and if this results in costs or additional expenses for Holidu (e.g. cancellation costs), Holidu is entitled to demand compensation from the User insofar as the User is responsible for the incorrect information.

3.6.3 By clicking on the button that refers to the last information necessary for the conclusion of the contract, the User continues in the booking process. On the following sub-page, the essential features of the services of the third-party provider are listed again.

3.6.4 Below the booking overview, Holidu refers to the validity of the GTC and the General Terms and Conditions of the respective third-party provider. By clicking on the button "Book with obligation to pay", the User accepts the GTC and the General Terms and Conditions of the respective third party provider and confirms that he/she has read and understood the cancellation information and the data protection information. The User can print out or save these documents.

3.6.5 By clicking on the button "Book with obligation to pay", the User instructs Holidu to arrange a service to be provided by a third-party provider. Holidu does not offer the services in its own name, but in the name and for the account of the respective third-party provider.    

3.6.6 At the same time, the User submits a binding offer to book the selected services to the third-party provider named on the overview page by clicking on the button "Book with obligation to pay". Until the booking form is sent, the User can correct his selection or the data entered or cancel the process entirely using the usual functions of the terminal device or browser used by him (e.g. "Back function"). If the User clicks the button "Book with obligation to pay", Holidu forwards the User's booking request to the Third-Party Provider and immediately confirms the successful transmission of the booking request to the Third-Party Provider by e-mail ("Confirmation of Booking Request"). This confirmation email again contains Holidu's General Terms and Conditions, including references to the General Terms and Conditions of the Third-Party Provider, as well as the information that the contract for the booked services is concluded exclusively with the Third-Party Provider. This confirmation email does not yet lead to the conclusion of a contract between the User and the third-party provider. Corresponding declarations of acceptance or rejection are issued by the third-party provider separately and directly to the User. The User can find further information on this from the respective third-party provider.

3.6.7 When an offer is made, the text of the contract is stored by Holidu in compliance with data protection for the purpose of processing the contract ("contract text storage"). The User can print out the contract text before completing the booking process by using the print function of his browser in the last step of the booking.

3.7 With regard to the booking of services, a contract is exclusively concluded between the third-party provider and the User. Holidu does not become part of this contractual relationship and does not itself provide any services to the User.     

3.8 The third-party provider is solely responsible to the User for the proper performance of a mediated service, regardless of its legal nature. All rights in connection with the booking made by the User shall be asserted directly against the Third Party Provider as the contractual partner and not against Holidu. This also applies to legally existing rights or rights voluntarily granted by the Third Party Provider such as rights of revocation and withdrawal or other declarations concerning the contractual relationship or the service relationship of the User with the Third Party Provider (e.g. notices of defects).

3.9 Insofar as Holidu has not assumed a corresponding contractual obligation by express agreement with the User, Holidu is not responsible for the conclusion of the contract with the third-party provider specified by the User in the booking request.

Payment for the arranged services can be made in any way offered by the third party provider, both in the case of express booking and in the case of forwarding to an external portal of a third party provider. The individual terms of payment (e.g. any fees to be borne by the User for the selection of certain means of payment, any deposit due, due dates, etc.) shall be displayed to the User in the booking process on the website or on the external portal of the third-party provider or, at the latest, stated in the confirmation email of the third-party provider. Depending on the booked service, payment will be collected by the respective third party provider or a service provider used by the third party provider for debt collection, e.g. Paypal, according to the payment conditions valid at the time of the conclusion of the contract.

5.1 The exclusive rights of use for the website and the protected content (e.g. photos, graphics, descriptions) that can be accessed via it are generally held by Holidu or, where applicable, the third-party providers.      In particular, the User is not entitled to modify, copy, distribute, transfer, assign, sell, exploit, display, publicly perform, reproduce, publish, license or alter any information, photos, videos, graphics, designs, software, products or services that can be accessed or viewed via the website.

5.2 In deviation from paragraph 1, the User is authorized to download, display and print out individual contents of the website exclusively for personal, non-commercial purposes (e.g. documentation of the third party provider's details/evidence). 

5.3 The User shall not provide any information, data and content (such as images, texts) via the website that violate the rights of third parties - such as rights to names, copyrights and trademarks - or violate existing laws.

5.4 The User hereby indemnifies Holidu against all claims of third parties that may be asserted against Holidu in connection with the exercise of the contractual rights. Included are in particular also any claims for copyright and trademark infringements as well as any claims, liabilities, damages, losses and expenses that may arise in connection with: (i) a breach of these T&Cs by the User, (ii) the improper use of the Website, (iii) the stay in an accommodation, including, without limitation, any injuries, losses or damages of any kind arising in connection with or as a result of such stay, (iv) the violation of laws, regulations or rights of third parties, such as data protection regulations. This indemnity obligation shall only apply if and to the extent that the claims, liabilities, damages, losses and expenses were caused by the User's culpable breach of a contractual obligation. 

5.5 The User shall notify Holidu without delay of any impairment of the rights which are the subject matter of the contract. Holidu is entitled to take appropriate measures to defend itself against claims of third parties or to pursue its rights. The indemnification shall also include the reimbursement of the reasonable costs which Holidu incurs or has incurred as a result of legal action/defense.

6.1 The User is obliged to use the website exclusively for personal, non-commercial use and in particular not to use any programmes or functions to automatically generate page views or content on the website or to automatically copy content from the website.

6.2 Furthermore, the User will not provide any content and information via the website that is

• constitute advertising disguised as an evaluation;
• are unobjective, discriminatory or deliberately untrue;
• do not have a reference to an accommodation or service on the website;
• are immoral, offensive or pornographic;
• contain viruses, Trojans or other malware,
• are commercial actions that constitute an unreasonable nuisance to other Users (e.g. in the form of chain letters, surveys, SPAM).

7.1 The options for rebooking and canceling services that have already been booked as well as any costs incurred in this regard can be found in the contract documents or general terms and conditions of the respective third-party provider. Holidu has no influence on the conditions of the third-party providers.

7.2 Holidu is neither entitled nor obliged to accept cancellation or rebooking requests or other declarations to be made to the Third Party Provider as a contractual partner. In order not to jeopardize timely delivery, Users are obliged to transmit corresponding declarations directly to the third-party provider.

Any processing of personal data shall be carried out in accordance with the provisions of the EU General Data Protection Regulation ("DS-GVO") in the version applicable since 25 May 2018 and, in particular, the statutory data protection provisions of the German Federal Data Protection Act (BDSG). It is necessary for the conclusion of the contract that the User provides his personal data, which will then be used for the processing of the booking. Mandatory data required for the processing of contracts are marked separately, other data are voluntary. Holidu processes the data provided to process the booking. For this purpose, payment data may be passed on to Holidu's house bank. The legal basis for this is Art. 6 para. 1 p. 1 lit. b DS-GVO. The detailed data protection provisions can also be viewed at https://www.holidu.co.uk/privacy. These contain detailed information on how data is handled. These contain detailed information on how personal data is handled, how it is protected and what rights the customer has in this regard.

9.1 The User is entitled to any statutory warranty rights. 

9.2 Claims of the User against Holidu for damages are excluded. Excluded from the exclusion are claims for damages by the User arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Holidu or its vicarious agents. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the contracting party may regularly rely.

Holidu is not entitled or obliged to accept notifications of defects if these relate to the performance of the contract by a third-party provider. Such notifications of defects or complaints must be made directly to the third-party provider or its contact persons on site and are subject to their own legal or contractual provisions.

9.3 In the event of a breach of material contractual obligations, Holidu shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless it concerns claims for damages by the User arising from injury to life, body or health. Claims for damages by the User which are based on contractual penalty claims by contractual partners of the User, in particular third-party providers, are in no case foreseeable for Holidu or typical for the contract in the aforementioned sense.

9.4 Holidu's liability under the Product Liability Act and under other mandatory statutory liability provisions, in particular data protection law, shall remain unaffected by the above limitations and exclusions of liability.

9.5 To the extent that Holidu's liability is excluded or limited, this shall also apply to the liability of Holidu's employees, representatives and vicarious agents.

9.6 The images, maps and position data displayed on the website are only for orientation purposes regarding the local position of the respective accommodation. Only the information contained during the booking process or on and in the corresponding booking confirmations of the third-party providers is authoritative.

10.1 All legal relationships between Holidu and the User shall be governed exclusively by the laws of the Federal Republic of Germany, excluding any conflict of laws rules of private international law. If the User is a consumer, sentence 1 shall apply only to the extent that the choice of law does not undermine the protection of mandatory legal provisions of the state in which the User has his habitual residence.     

10.2 If the User has moved his place of residence or habitual abode abroad, or if his place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship shall be the place of business of Holidu. However, Holidu is also entitled to bring an action at the general place of jurisdiction of the User. If the User is a merchant and uses the services for his commercial activity, the exclusive place of jurisdiction for all present and future claims arising from the business relationship, unless a statutory exclusive place of jurisdiction applies, is the place of business of Holidu.

10.3 Should individual provisions of these GTC be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. A provision corresponding to the economic intention of the invalid or void provision shall be found. The same applies to loopholes.

Status: 10 May 2023

Preliminary version can be viewed HERE.  

Customer information on the conclusion of distance selling contracts

The following information serves to fulfil the legal obligations for information in distance selling contracts as well as in electronic business transactions. You can find our General Terms and Conditions here https://www.holidu.co.uk/gtc.

The provider of the website is                    
Holidu GmbH                   
Riesstrase 24,                    
80992 Munich                    
Germany

Phone: +49 89 120840988                   
E-mail: service@holidu.com

Management:                    
Johannes Siebers, Michael Siebers

Local court: HRB 2123215                    
Sales tax identification number (VAT ID): DE295937815

The registered office of the Company is: Munich 

The display and order of the search results displayed on the website are based on a dynamic, self-learning algorithm and depend on a variety of different factors. One of these factors is the combination of search criteria that Users enter on the website. These search criteria include variables such as destination, price, number of guests and type, facilities and features of the accommodation. Holidu also receives a fee from the third-party providers. This remuneration is another factor that affects the display and order of the search results. The sorting of the displayed offers can also be influenced by the sorting preferences selected by Users (i.e. popularity, best offer, ratings) as well as other parameters (e.g. ranking among similar offers, booking success of the respective offers, click performance).

Information about the respective third-party provider can be found in the area of the offer overview as well as within the scope of the booking overview immediately before the conclusion of the contract. With a complaint regarding the accommodation and services to be provided by the third-party provider, the User can contact the provider using the contact details provided there.

Information on the brokerage services to be provided by us can be found in our General Terms and Conditions https://www.holidu.co.uk/gtc.

The essential features of the services offered by the third-party provider can be found by the User in the respective description on the website.

15.1 The User can select the accommodation or services he/she wishes without obligation from the offers presented by the third-party providers. 

15.2 The User can use the search function provided for this purpose, with which the desired travel destination, the arrival and departure dates and the number of guests are queried. If the User clicks on the "Search" button, the results matching his or her search criteria are displayed.

15.3 The User can adjust the search criteria at any time by clicking on the respective search criterion in the header of the website and then on the button visible below that leads to the application of the search criteria.

15.4 By clicking on the offer button, the User is then taken to the desired offer. 

15.5 If the booking is made directly via the external portal of the third-party provider, you will be redirected to their website by clicking on the offer button. The booking process is based on the information provided by the third-party provider. 

15.6 If the booking is made as an express booking via the Holidu website, the booking process is as follows:

15.6.1 Clicking on the "offer button" takes the User to a sub-page. 

This subpage summarises the essential features of the respective service of the third-party provider. Among other things, the User is informed about the available means of payment and the availability of the offer. 

15.6.2 By clicking on the button visible in the following window, which indicates the continuation of the booking process, the User continues in the booking process. The User is then asked to provide the information required for the booking, in particular first and last name, street and house number, postcode, town, country, e-mail address and telephone number. The User is obliged to provide truthful and complete information. At this point, the User has the opportunity - if offered - to individually adjust the number of persons travelling. Furthermore, the User can book separately remunerated services at this point, insofar as such are offered by the respective third-party provider. If incorrect information in the booking form leads to errors in the booking or the contract with the third party provider and if this results in costs or additional expenses for Holidu (e.g. cancellation costs), Holidu is entitled to demand compensation from the User, insofar as the User is responsible for the incorrect information.

15.6.3 By clicking on the button that refers to the last information necessary for the conclusion of the contract, the User continues in the booking process. On the following sub-page, the essential features of the services of the third-party provider are listed again.

15.6.4 Below the booking overview, we refer to the validity of our General Terms and Conditions as well as the General Terms and Conditions of the respective third-party provider. By clicking on the button "Book with obligation to pay", the User accepts the General Terms and Conditions as well as the General Terms and Conditions of the respective third party provider and confirms that he/she has read and understood the cancellation information as well as our data protection information; the User can print out or save these documents. By clicking on the button "Book with obligation to pay", the User instructs Holidu to arrange a service to be provided by a third-party provider. Holidu does not offer the service in its own name, but in the name and for the account of the respective third-party provider.

15.6.5 At the same time, the User clicks on the button "Book with obligation to pay", the User submits a binding offer to book the selected accommodation or service to the third-party provider named on the overview page. Until the booking form is sent, the User can correct his/her selection or the data entered or cancel the process entirely by means of the usual functions of the terminal device or browser used by him/her (e.g. "Back function"). If the User confirms the button "Book with obligation to pay", Holidu forwards the User's booking request to the Third Party Provider and immediately confirms the successful transmission of the booking request to the Third Party Provider to the User by e-mail ("Confirmation of Booking Request"). This confirmation email once again contains our General Terms and Conditions, including any references to the General Terms and Conditions of the third-party provider, as well as the notice that the contract for accommodation and services is concluded exclusively with the third-party provider . This confirmation email does not yet lead to the conclusion of a contract between the User and the third-party provider. Corresponding declarations of acceptance or rejection are issued by the third-party provider separately and directly to the User. Further information on this can be found at the respective third-party provider.

15.7 When an offer is made, the text of the contract is stored by us in compliance with data protection regulations for the purpose of processing the contract ("contract text storage"). The User can print out the contract text before completing the booking process by using the print function of his browser in the last step of the booking. 

The prices shown in the respective offer are total prices and may include taxes and fees. The total price of the service as well as the individual price components shall be made available to the User again in the booking overview immediately before the booking is made.

Details on the payment modalities can be found in the service description of the respective offer.

The User is entitled to statutory warranty rights, which may be modified in accordance with the General Terms and Conditions. Further details can be found in the General Terms and Conditions https://www.holidu.co.uk/gtc.

The language available for the conclusion of the contract is English. Our booking confirmation and the provision of further information are exclusively in English.

Notice regarding consumer arbitration proceedings pursuant to Section 36 of the Consumer Dispute Resolution Act (VSBG) and online dispute resolution pursuant to Article 14 (1) of the Regulation on Online Dispute Resolution in Consumer Matters (Regulation (EU) No. 524/2013; so-called ODR Regulation).

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/.

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Status: 15 April 2024