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General Terms and Conditions

§ 1 Acknowledgement of general business terms and conditions

The following General Business Terms and Conditions apply solely to the range of services, deliveries and installation offers privy to Traum Ferienwohnungen GmbH & Co. KG.

By visiting www.vacation-apartments.com (hereinafter referred to as the Web Portal) of Traum Ferienwohnungen GmbH & Co. KG (hereinafter referred to as the Provider) and using the Provider’s website and related services, the visitor acknowledges the validity of these general terms and conditions.

The Provider shall acknowledge no other general terms and conditions.

§ 2 Service

The Provider publishes the holiday accommodation listings of website users who want to rent a piece of holiday accommodation (hereinafter referred to as the Lessor), making them visible to those website users who want to rent a piece of holiday accommodation (hereinafter referred to as the Lessee) and including contact details. The publishing of the listings includes an overview of possible booking periods as well as the possibility to establish direct contact between Lessor and Lessee.

§ 3 Registration

1. To use the Provider’s Web Portal, the Lessor must register. Personal data is transferred here. The Lessor must ensure that he provides information that is true and complete. The data must be kept up-to-date by the Lessor. The Provider is authorised to exclude (short-term or long-term) the Lessor from using the Web Portal in the event of false or incomplete information.
2. When the Lessor registers in the Provider’s Web Portal, he receives his own account, which is protected by a password (either determined by the Lessor or automatically generated). The Lessor must keep his account data confidential and report any misuse of it by third parties to the Provider.
3. The Lessor must transfer personal contact data when contacting the Lessor, as well as during the reservation request process.

§ 4 Data protection

The Provider declares that the guidelines of the Bundesdatenschutzgesetz („Federal Data Protection Law“) and other relevant and applicable legal data protection guidelines are observed and adhered to. The transferred data shall be used solely in connection with the settlement of the contract. The saving and handling of the data must be done in a manner conistent with the Bundesdatenschutzgesetz and other relevant and applicable data protection guidelines. The collected data shall not be transferred to other parties. This does not apply to the transfer of the publishing data to the Lessee / Lessor or any other Provider’s service partner working toward the settlement of the contract. The Provider shall ensure that the above-described data transfer is limited to what is necessary. The Provider uses so-called „cookies“ on his web portal to recognise the User when he re-visits the web portal. For the Provider, this information may not be assigned to any tangible person. The use of cookies can be deactivated with common browsers. If there should be any legal obligation with regard to the transfer of the data, then it must be fulfilled by the Provider.

Furthermore uses this website Google Analytics, a web analytics service provided by Google, Inc. (“Google”).  Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.”Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.  You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website.  By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can prevent the surveying, saving and transfer of this data by deactivating the use of cookies and Java scripts in your Internet browser or by blocking access in the domain google-analytics.com. However, this can result in usage limitations to your website. This data is not evaluated for statistical purposes; it is not used for any commercial purposes.

The User has the right to view the data that he has saved at no charge, and to withdraw his consent regarding the surveying, saving, processsing and usage of his data at any time (and it can apply in the future). Such notifications must be directed to

Traum Ferienwohnungen GmbH & Co. KG
Faulenstraße 67
DE - 28195 Bremen

§ 5 Listings and prices

1. With the aid of the Provider’s Web Portal, Lessors are able to offer holiday accommodation to Lessees via listings. The Lessor is required to pay to the Provider a fee for the listing, totalling the value that is currently demanded by the Provider. These prices must be visible in the Provider’s Web Portal. The Provider reserves the right to update the prices and, if appropriate, to include Lessors‘ listing offers subject to the payment of updated prices.
2. The Lessor can include description and images of one holiday accommodation per given listing. The Lessor acknowledges that the descriptions and images (and any other submitted material) carry no third party rights (in particular copyright and brand rights). The Lessor must also ensure that the descriptions, images and other submitted material has no punitive content, pronography or foul language. The Lessor / Lessee is himself responsible for the content of his own descriptions, images etc.
3. The Provider may abridge or summarise the content of submitted materials (such as images or descriptions), or otherwise decide not to publish them at all. This also applies to images i.e. necessary compressions as a result of colour loss or presentation deviations (size or ratio). The Lessor acknowledges the same.
4. The lessor grants the provider a non-exclusive, sub-licensable, cost-free, transferable license for the use of any contents of the advertisement published on the web portal by the lessor. This license terminates when the lessor removes the published contents individually or (the removed contents on a pro-rata basis) or the whole advertisement from the provider's web portal or when the contractual relationship terminates.
5. The payment methods are determined by valid conditions of the Provider, and must be visible in the Web Portal.
6. The Lessee shall incur no costs for using the Web Portal.

§ 6 Contract settlement

1. By sending a listing to the Provider, the Lessor submits to the Provider an offer to insert a piece of holiday accommodation. The contract shall not be regarded as settled via a confirmation on the part of Provider or via the publishing of the listing on the Provider’s Web Portal. The Provider is authorised to refuse listings without the indication of reasons.
2. The duration of the Contract is mandated by the valid Provider’s terms and conditions, which are to be displayed on the Provider’s Web Portal. If nothing ese is agreed, the contract duration period is 12 months. The selection of the set time periods lies with the Lessor. No preliminary cancellation can be made by the Lessor. When the contract duration expires, the contractual relationship shall end automatically.
3. The Provider is authorised to remove the Lessor’s listing from the offer in the event of circumstances that prevent the Provider from including another listing. This especially applies in the event any justifiable complaints by Lessees concerning the state of the accommodation or the behaviour of the Lessor toward the Provider. If such circumstances can be rectified, then the Lessor can demand that the listing be re-inserted once they have been rectified. The Lessor is responsible for the rectification actions. The disconnection of a listing does not authorise a prolongation of the listing duration period or a reduction or withdrawal of the Provider’s fee.

§ 6a Extension and termination of the contract

1. Advertisement contracts concluded as from 1 September 2012 are automatically extended by the term of contract stipulated so far, however, not more than by another 12 months (extension of advertisement). In this respect, a discontinuance of the presentation of the advertisement between termination of the advertisement contract and the re-conclusion can be avoided. If the lessor does not want the advertisement to be extended (any longer), the extension of the advertisement / automatic extension of the contract can be personally deactivated online during the term of contract in the personal lessor-area under the menu item "My Data". This is equal to an ordinary termination to the end of the contractual term and can be changed at the lessor's discretion during the term of the contract. Alternatively, it can be terminated in writing to the end of the contractual term by mail or via the contact form of the web portal. In the event of a termination, the contractual services of the provider are maintained until the termination of the contract.
2. The contractual conditions of the extension of the advertisement are subject to the conditions of the provider in force with respect to the advertisement offer booked so far. They can be viewed on the web portal of the provider. Any discounts and special conditions granted upon first conclusion of an advertisement contract shall not apply to any extensions of the advertisement. If the conditions of an extension of the advertisement with respect to the conditions in force so far have changed to the lessor's detriment, the lessor shall have an exceptional right of termination with immediate effect which can be exercised within two weeks upon extension.
3. If any contract to be extended is no longer offered by the provider, an extension is not possible. The lessor shall then have the possibility to conclude a new advertisement contract with the provider in accordance with this general term and provision.
4. In order to settle the new amount due from the extension of the advertisement, the same mode of payment is used which has already been opted for by the lessor for the first term of contract. Any direct debit or debit authorization of the first term of contract in favor of the provider and the related authorization for storage of payment-relevant data shall survive. The lessor explicitly agrees with that. The lessor's right to revoke their direct debit or debit authorization or the storage of payment-relevant data shall remain unaffected.
5. The aforementioned regulations concerning the extension of the advertisement according to this general term and provision shall only apply to lessors having opted for the mode of payment „via direct debit“, „via credit card“ or „via PayPal“. Lessors having chosen payment „via invoice“ cannot extend their advertisement contracts automatically. An automatic extension is not possible either if the lessor revokes any existing direct debit or debit authorization.

§ 7 Liability and indemnification

1. The Provider is not liable for damage or other claims in connection with the contractual relationship between the Lessor and the Lessee. The Provider shall not become a contract partner within the contract between the Lessor and the Lessee. The Provider’s activity is listed wholly to the publishing of the listings.
2. As concerns the contractual relationship with the Provider, the Provider shall only be responsible for damages resulting from negligent obligation violations if they concern typical average damages which apply to the Contract, as described above. The liability of the Provider’s agents and legal representatives, is the same. If the contractual partner is a contractor as recognised by § 14 BGB ist, the the Provider shall accept no liability in connection with negligent violations of obligations outside of the contract. Normally, the appropriate legal guidelines apply.
3. The liability restrictions of Section 2 do not apply in the following circumstances:
   1. The violation of a guarantee,
   2. A violation of the Product Liability Law,
   3. There is no guarantee,
   4. Fraudulent claims made by the Provider,
   5. Liability for a guaranteed quality feature,
   6. Injury to life / physical injury or health harm.
4. In the event that the Provider becomes overdrawn as a result of the submitted materials/Lessor’s images and descriptions, or of Lessee’s submissions or other submissions submitted by the Web Portal user in connection with third party claims or in connection with account misuse by a third party, then the Lessor/Lessee/User shell indemnify the Provider against such claims. Furthermore, the Lessor/Lessee/User shall indemnify the Provider against liability in the form of necessary legal fees regarding third party claims in connection with materials, images and descriptions submitted by the third party. The same applies for other claims related to actions/violations for which the Lessor/Lessee/User.

§ 8 Testimonials and Feedback Posts

On the Provider’s Web Portal, the User is able to establish and publish experience reports and opinions on, as well as an assessment, of the holiday accommodation pieces. The use of this function is governed by a specific guideline which can be viewed prior to the publishing. The opinion statements and evaluations can be viewed publicly. The Lessors/Lessees/Users agree to the up-to-date version of these guidelines. The publication decision also lies solely with the Provider. No claim regarding publication, deletion or alteration can be made against the Provider by the Lessor/Lessee/User – there are no obligations for it. These submissions can also receive critical content over the course of the valid print period. The Lessor expressly agrees with the same. However, the opinion publication guidelines contain clauses which forbid any diffamatory and unprincipled valuation standard by the User, or unqualified content.

§ 9 Web Portal availability / changes

The Provider shall strive to ensure perfect availability of the Web Portal. However, there can be temporary breakdowns, as a result of maintenance efforts. A temporary Web Portal breakdown does permit any kind of claim against the Provider. The Provider is also authorised to modify the Web Portal’s functions and layout, withou this influencing the Contract.

§ 10 Final clauses

1. Subject to the approval of the Client (Lessor/Lessee/User) the Provider is authorised to modify the content of the general business terms and conditions without having to infer any reasons. The modified terms and conditions shall be transferred to the Client (Lessor/Lessee/User) by email, no later than two weeks before it takes effect spätestens. If the Client (Lessor/Lessee/User) does not contradict the validity of the new general business terms and conditions within four weeks after the receipt of the email, the modified general business terms and conditions shall become valid. The modification to the Contract shall be considered approved if the Client (Lessor/Lessee/User) does not contradict the modification within four weeks after the receipt of the modification notification (in writing). The Provider is obligated to inform the Client (Lessor/Lessee/User) of the consequences of any pending failed contradiction together with the modification notification.
2. If the Client (Lessor/Lessee/User) is a business professional as recognised by Handelsgesetzbuch (Business Law Book), or a public lawyer or legal specialist, the court location is the Provider’s headquarters; which is, at the time of writing, Faulenstraße 67 in 28195 Bremen. In such a case, the Provider is also authorised to sue the Lessor/Lessee/User at his local court, at his own discretion. The same applies in the situation where the Lessor/Lessee/User has no general jurisdiction in Germany, or if he is living outside of Germany or at his usual residency location abroad when the Contract has expired, or if his home or usual residency location is unknown at the time of the legal action. The place of execution for all claims and obligations outside of the contractual relationship is the Provider’s headquarters.
3. By decree of these General Business and Delivery Terms and Conditions, this Contract is also governed solely by the physical law of the Federal Republic of Germany. The UN Purchasing Law does not apply. If the Lessor/Lessee/User is recognised as a consumer as per § 13 BGB and his usual residency is abroad, coercive clauses of this country shall remain unaffected.