Comtravo is a service of MTR Travel Technologies GmbH, Rosa-Luxemburg-Str. 7, 10178 Berlin (hereinafter referred to as "Comtravo").
Comtravo compiles business travel services quickly, easily and uncomplicatedly via email, Skype or Short Message Service (SMS) and makes them available for the customer for direct booking.
Every use of Comtravo requires the acceptance and compliance of the user. Additionally, the General Terms and Conditions of Comtravo, which each customer of Comtravo receives during the booking process, apply for each booking.
Art. 1 Scope of Applicability, Definitions, Contractual Language
- Opposing, deviating or supplementory general terms and conditions of the user shall only be deemed to be agreed upon in case of explicit written confirmation by Comtravo.
- "Consumer" means any natural person who concludes a legal transaction for a purpose which cannot be attributed to its commercial or independent professional activities. "Business company" means any natural or juridical person or a legal partnership with personal capacity that is exercising its commercial or independent professional activity in concluding the legal transaction.
- "Users" are a visitors of the Comtravo websites. "Customers" are user who conclude pecuniary legal transactions with Comtravo.
- Language of contract is German. The German version has precedence over any foreign language versions and is binding in case of doubt.
Art. 2 Services rendered by Comtravo, Permitted Use, References
- Comtravo will present users who are not considered consumers (see Art. 1 parra 3 s. 1) business travel services matching their requests subject to the services' availability like especially - but not limited to - air or train transportation, rental cars, hotel accommodation. The presentation is based on an individual communication between Comtravo and the user via phone, email, Skype or SMS, whereby a change of media is possible and welcomed at any time. The user can book the services chosen or favored by him directly and uncomplicatedly from the transmitted compilation.
- Comtravo provides the service to the extent mentioned in parra 1 exclusively for the booking of business travel services for own purposes. The user is not allowed to use and utilize any kind of information, software, products or services that are accessible or retrievable through the website and/or other booking channels of Comtravo for his own redactional, promotional and/or commercial purposes or with the intention of generating profit. The user is especially not allowed to distribute, transfer, cede, sell, change, copy, exhibit, present publicly, reproduce, publish, nor license the accessible or retrievable information, software, products or services. The adoption of the information and its presentation on a website and/or on the booking channels by the user - be it wholly or partially by means of the adoption of texts, pictures, photographs, videos, graphics or the design - or his own redactional, promotional and/or commercial purposes or with the intention of generating profit is strictly prohibited.
- By derogation from Art. 2 parra 2 the user is entitled to download, present and print single information and pages for documentation and verification reasons only with regard to effected requests and bookings. In this case the user is obliged to acknowledge the source (e.g. www.comtravo.com/en) in the (data) file or the print-out through an easy to understand, clearly legible and firmly fixed reference.
- All product, service and company designations on the website and booking channels of Comtravo are the property of the respective right holders and are solely named or shown for verification reasons. By the access to the website and booking channels of Comtravo the user is not granted any licenses nor rights for the use of the designations, names and brands.
Art. 3 Mutual rights and duties
- Users are allowed to use Comtravo only for the compilation and booking of legitimate business travel services. Any use of Comtravo with the aim to make false, fraudulent or speculative reservations as well as reservations to cover a following request.
The user especially agrees not to:
- use the website and the booking channels of Comtravo as well as the data exchange with Comtravo for forbidden, unlawful or illegal purposes, including the publication or transmission of any kind of forbidden, harmful, threatening, abusive, harassing, defaming, vulgar, obscene, racialist, ethnical or otherwise illegal and/or harassing material;
- disassemble, dismantle or decompile in another way any kind of software, application, updates or hardware of Comtravo, unless legally permitted;
- make use of the Comtravo services through a manual or automatic process which exceeds the contractual use mentioned in Art. 2 or the inclusion of the Comtravo websites in a search index;
- infringe the limitations in robot exclusion headers on the website of Comtravo or to circumvent any other measures that block or limit the access to the Comtravo website;
- make use of deep-links on the Comtravo website or parts of it (including but not limited to the booking path for each travel service);
- use devices, software and/or programs that may or may try to disturb the normal functioning of the website and/or booking channels, nor to perform other actions that affect the servers or the network of Comtravo in an inappropriate way;
- transmit contents to Comtravo which may contain viruses, trojans or other malware;
- post advertisements disguised as reviews on the Comtravo website;
- publish reviews, comments and/or other explications on Comtravo that are unobjective, discriminating or intentionally untrue.
- issue a warning;
- delete contents posted or otherwise transmitted by the user;
- restrict the user's use of the website and/or booking channels of Comtravo;
- temporarily or permanently suspend the user from using the website and/or booking channels of Comtravo (blocking).
- Bookings/reservations of the customer confirmed by Comtravo remain unaffected from the measures referred to as in Art. 3 parra 3.
Art. 4 Information provided by the User, Data and Contents; Indemnity of Comtravo
- The user will not make available or transmit any information, data and contents (like pictures, photographs, texts) to Comtravo that infringe the rights - like name, copyright or trademark rights - of third parties or existing laws.
- If the user or customer becomes aware of any kind of violation of rights referred to as in Art. 4 parra 1 he must inform Comtravo immediately. Respective notices have to be reported to the following address:
MTR Travel Technologies GmbH
10178 Berlin, Germany
- Comtravo will not - at any time - check the information, data and contents provided by the user with regard to its legal conformity, accuracy and completeness or timeliness. It is the solely responsibility of the user to carefully check the information, data and contents with regard to its legal conformity, accuracy and completeness or timeliness before transmitting them to Comtravo.
- The user already now exempts Comtravo on initial demand from all third-party claims, especially from claims arising from copyright and trademark infringements that may be raised against Comtravo regarding the contractual use of the information, data and contents provided by the user. Comtravo is entitled to institute appropriate measures to defend itself against the claims of third parties or to pursue its own claims. The indemnification of Comtravo also includes the reimbursement of the costs that may have incurred or may incur Comtravo due to legal proceedings or defenses.
Art. 5 Data Protection
- Data Protection is subject to the regulations of the German Data Protection Act (BDSG) and German Telemedia Act (TMG). In the course of the processing of information and booking requests the collection, storage and processing of the user's personal data are possible. Collected or transmitted personal data is only used in an appropriated manner, especially for the intended creation and processing of bookings. In this context, the user consents to the use of his personal data.
- Other than that the separate data protection regulations of Comtravo apply, which can be checked out on the website www.comtravo.com/en/privacy.html. By using the website and/or booking channels of Comtravo the user consents to the use of his data in accordance with the data privacy statement.
Art. 6 Final provisions, Place of Jurisdiction
- Separate, modified or deviating general terms and conditions may apply for reservations, bookings and the purchase of business travel services transacted via Comtravo. It is the solely obligation of the customer to take note of the respective general terms and conditions.
- The contractual relationships of the parties shall exclusively be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the user of the website is a customer (see Art. 1 parra 3 s. 1), sentence 1 only applies if by the choice of law the consumer does not lose the protection of binding legal provisions of the state of his usual residence.
- In case that a customer is a merchant or a legal entity of public law or special fund under public law, Berlin is the solely place of jurisdiction for all disputes arising from the contractual relationship between Comtravo and the customer. The same applies if the customer does not have a general place of jurisdiction in Germany or if the location of his domicile or customary place of abode is not known at the time of institution of proceedings. Mandatory statutory provisions remain unaffected from the previous prorogation.
- Should any one or more of the provisions of the present GTAC be or become invalid or otherwise unenforceable, the validity of the remaining provisions shall not be affected thereby. The parties shall replace the inoperative provision by an operative one coming as close as possible to the economic purpose and effect intended by them. The same applies for possible regulation gaps.