General terms and conditions

§ 1. FERIWA
§ 2. Services
§ 3. Privity of contract
§ 4. Conclusion of contract (landlord)
§ 5. Term of contract
§ 6. Fee
§ 7. Services for the landlords
§ 8. Customer's duties
§ 9. Termination/cancellation
§ 10. Disclaimer
§ 11. Privacy policy
§ 12. Additional information
§ 13. Jurisdiction

§ 1. FERIWA

Owner: Anja Groß; Leimenrode 11; D-60322 Frankfurt am Main and Winfried Steitz; Leimenrode 11; D-60322 Frankfurt am Main operate following portals: Feriwa.com, Mein-Biourlaub.de and Mein-Kurort.de, hereafter referred to as Feriwa. Feriwa publishes property data and websites submitted by the customer or creates websites and publishes these on the internet for the term of contract.

§ 2. Services

2.1 Feriwa acts insofar solely as advertisement and search portal and does not accept any liability for the accuracy, reliability and integrity of information on the listed advertisements as well as on external links. The information concerning reliability and accuracy can not be controlled by Feriwa. Also, Feriwa is not entitled to take any complaints during impairment of performance.

2.2 The tenant closes a contract directly with the landlord. There is no contractual relationship between the tenant and Feriwa. You will always immediately receive the landlord's or the agent's address, so that you can directly clear up questions concerning noise, construction activities or other information concerning the property.

2.3 On the sites of Feriwa, there are offers as e.g. package holidays, flights and insurances etc. from third parties. Feriwa is not liable for the provision of these services.

§ 3. Privity of contract

3.1 From the information mentioned above results, that contractual rights when renting a property and the underlying contractual relationship only arise between the landlord and the tenant. The renting of the properties does not represent a service of Feriwa. Contractual demands from the tenant can therefore only be claimed to the landlord. The same is applied to indemnity claims.

3.2 Feriwa is not entitled and liable to take any complaints regarding the rented property. They have to be asserted directly to the landlord. Feriwa does not act as render of service and therefore has no influence on the landlord's service.

3.3 For further services as e.g. holiday packages, flights or insurances etc. which are offered on the website of Feriwa, there are own contracts which are concluded between the render of services and the person booking this service.

3.4 Feriwa's goal is to refer to holiday houses, holiday apartments and other properties, which can directly be rented from the respective landlord. Feriwa does not charge any costs for the tenant.

3.5 The tenant can not claim any further contractual demands or indemnity claims from Feriwa because there is not contractual relationship between the tenant and Feriwa.

§ 4. Conclusion of contract (Landlords)

4.1 The contractual relationship is first concluded as a result of a written order by the customer or an on-line registration and second as a result of Feriwa accepting the order.

4.2 Feriwa reserves the right to reject an order entirely or in parts or to terminate ahead of time without giving reasons. In this case, the amounts already paid will be refunded pro-rata.

§ 5. Term of contract

5.1 The term of contract begins with the registration of a property ad on the Feriwa portal. The term of contract is 12 months and is extended by the concluded term of contract in case the contract was not terminated by the expiration of the contract term. (see § 9)

5.2 In case of promotional offers, the respective conditions agreed upon of the respective promotion agreed upon are valid.

§ 6. Fee

6.1 The fees act in accordance of the respective price list in force, which can be seen any time by the customer or can be sent to on request.

6.2 The charges invoiced by Feriwa is due as soon as you receive the invoice. In case of the customer's default, Feriwa is entitled to suspend the offered services and to lock the access to the customer menu until the customer has paid the debts.

6.3 Prices changes are only valid on the date of the next invoice. The customer has an additional right to termination in case his general period of cancellation has already expired at this time.

6.4 The fees have to be paid in advance for the contract term. Feriwa reserves the right to render services not till then the fees have been paid by the customer.

6.5 The advertisement fees are plus VAT. In case of an increase of VAT, the remaining amount will be charged on the next customer's invoice.

6.6 Free entry: free entries on Feriwa are free of charge and are not limited by time. They can be terminated any time by the customer. The termination has to be in written form via mail or email. A free entry gets per term one possible inquiry for free.

6.7 The bank charges for overseas payments have to be paid by the customer.

§ 7. Services for the landlord

7.1 The services offered by Feriwa can be seen on-line on the websites of Feriwa or, if desired, can be requested at Feriwa. All services exceeding the services stipulated by contract and the additional optional services are not enforceable by the customer.

7.2 Feriwa reserves the right to modify, adjust or update the layout, the functions and the underlying software any time.

7.3 Feriwa also reserves the right to run an ad on all pages of Feriwa in its own favour.

§ 8. Customer's duties

8.1 The customer is not allowed to publish any information or photos which affect the rights of third parties.

8.2 The customer is not allowed to publish any illegal, unethical, sexual or pornographic contents on the website of Feriwa or to refer to websites with such contents.

8.3 The customer is bound to administer his offer independently by using his password or via the editorial staff of Feriwa and to notify any considerable information and changes about his offer.

8.4 The customer (permium entry) comitted that he only register the link to his own homepage. Links to foreign providers will be deleted.

§ 9. Termination/cancellation

9.1 The cancellation period is 4 weeks to the end of the term of contract. The termination has to be in written form via email or mail.

9.2 Feriwa reserves the right to delete the offer of the directory ahead of time or to revoke the customer's password rights in case of abuse of the website. Reasons therefore could be e.g.:

The customer taking actions which affect the operational behaviour of Feriwa
Illegal, unethical, sexual or pornographic contents on the website of Feriwa or by linking websites of third parties
Other comprehensible reasons

Here, the customer has no right of refund

9.3 The customer can have his offer deleted any time ahead of time in case the property has e.g. been sold, rented permanently or fully booked. In this case, there is no right to refund of effected charges-

9.4 Each property entry at Feriwa.com can be revoked within the statutory cancellation period of two weeks

§ 10. Disclaimer

10.1 Feriwa does not guarantee the permanent availability of its internet offer. Reasons for non-availability can be: overload of phone network, internet disturbances, server maintenance operations, software readjustment etc. Feriwa does not assume liability for damages or subsequent damages which have been caused by the server, directly or indirectly. Liability and indemnity claims are restricted to the amount of the order value.

10.2 Feriwa does not assume any liability for the accuracy and integrity of the published offers.

10.3 Feriwa is not a travel business for the purpose of § 651a German civil code. Feriwa is an advertising portal and only conducts sales promotion. Therefore, Feriwa does not assume any liability for damages of any type which are associated to the tenancy resulted from the publication.

§ 11. Privacy policy

11.1 Personal data: The personal data you transferred are only used for internal purposes regarding customer relations.

11.2 Data security: The data you provided are secured by qualified technical and organisational means. The goal is to secure your data from accidental or intentional manipulations, loss, destruction, access of unauthorised persons or unauthorised publication to third parties. Our security measures are continuously controlled and upgraded according to the technological developments and organisational possibilities.

11.3 Data transfer to third parties: without your required consent, we do not transfer any data to third parties.

11.4 Right of access to personal data: On request, we will gladly inform you about your personal data we have stored.

11.5 Anonymous data: During each access to the internet offers of Feriwa, general information are always saved (e.g. visiting time and number of page views). The data are saved anonymously, not personally. They are only used for statistical reasons and for the reason to optimise our internet offer.

11.6 Newsletter: You can subscribe or subscriber to our free newsletter any time by using your email address.

11.7 Links: The Feriwa portals contain links and references to third party websites. Feriwa is not responsible for the data security and the content of these external websites.

11.8 Use of cookies: During your stay on our web pages, cookies are saved on your computer. They save the data you have entered on your computer, so that the use of our website is simplified for you. The next time you access the web page, the saved data can be seen again. To enable the use of cookies, you have to permit it in your internet software (browser)

11.9 Coded data transfer: Due to the cryptographic procedure SSL (Secure Socket Layer), your bank details or credit card details are secured from unauthorised access. By clicking on the right mouse tab on the respective pages, you can make sure that your data is coded. The degree of codification can be retrieved from the menu point "properties" in connection. Furthermore, you can inform yourself about the degree of codification by double-clicking on the lock displayed on the format bar of your internet software (browser)

§ 12. Additional information

12.1 In case single regulations of these terms and conditions are not in accordance with the legal requirements, the terms specified for this purpose become effective. The terms which are not concerned hereof remain unaffected.

12.2 Any collateral agreements, amendments to or supplements of this Agreement must be in writing in order to be valid.

12.3 Feriwa reserves the right to modify or to supplement its terms and conditions any time.

§ 13. Jurisdiction

13.1 Jurisdiction is Frankfurt am Main (Hesse), Germany

13.2 For all privities of contract between Feriwa and the client, the law of the Federal Republic of Germany is applied.

Effective since 2011/07/05