General Terms and Conditions of MICE access GmbH

General Terms and Conditions for Customers (Clients)

These are the General Terms and Conditions (hereinafter referred to as “GTC”) of the MICE access GmbH and of MICE access (as an intermediary) for the use of the MICE access software (hereinafter referred to as the “Online Portal”). The terms and conditions regulate the contractual relationship between MICE access and the natural and legal persons using the services of MICE access (including the partners) and are referred to below as the contracting party. Suppliers (hotels and venues) submitting specific offers on requests are also referred to below as “contractors”. Customers sending inquiries and creating bookings in the online portal are also referred to below as “clients”. By using the service of MICE access, a contract based on these GTC is concluded between MICE access and the respective customer or supplier for the use of the online portal (“User Agreement”).

Right of withdrawal:
Each contracting party may revoke its consent to the conclusion of the contract of use and these GTC within two weeks without giving reasons in writing (eg letter, e-mail). The period begins with the contact and use of the service of MICE access (including partners). To maintain the cancellation period, the timely dispatch of the revocation is sufficient. The revocation must be sent to: MICE access GmbH, Südportal 5, D-22848 Norderstedt, or by e-mail to info@miceaccess.com. This right of revocation refers exclusively to the contract of use. MICE access points out that confidentiality for unencrypted data transmitted over the Internet is not guaranteed.
Duty to provide information according to the Consumer Dispute Resolution Act (§ 36 VSBG): MICE access GmbH is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.

§ 1 Service
MICE access and the partners provide clients with hotel rooms, meeting rooms and venues for trade fairs, conferences and business trips. In this case, MICE access (including partners) merely acts as an intermediary for a business between client and respective supplier. The reservation and or accommodation contracts are always concluded directly between the customer and the supplier. MICE access and the partners provide visitors to MICE access websites and partner sites with information about registered suppliers. The displayed information and media are maintained by the registered suppliers. MICE access and its partners have no control over the accuracy of those information and media. Each registered supplier can change their data at any time independently without the changes being checked by MICE access.

§ 2 Fees
The use of the online portal is free of charge for the client unless otherwise agreed with MICE access GmbH or the supplier or unless otherwise stated in the online portal.

§ 3 Offers and bookings
MICE access only acts as a mediator. Liability for the content, process or payment of the event or the booked hotel accommodation is excluded in any case. The client has the obligation to provide the booked supplier with all necessary data for the processing of the booking after booking via MICE access. The supplier is obliged to send the client a reservation confirmation stating the terms of payment and cancellation after a group, meeting or event booking. This should be reconfirmed in writing by the client.
MICE access has no influence on the contents of the offers submitted by the supplier. A liability of MICE access GmbH for correct information in the offers is excluded in any case. Each offer which is displayed in the online portal is non-binding and does not represent an offer in the legal sense, but merely contains an invitation to the client.
If the customer’s booking is made using the single booking module “hotel rooms”, the terms and conditions of the supplier Booking.com apply in addition to these general terms and conditions. These are displayed directly when individual bookings are made. If an offer is made via the availabilities of InstantBook, the terms and conditions of the respective hotel apply. These are displayed before the booking and must be read and accepted before initiating the booking.
In addition to the general terms and conditions of this online portal, the general terms and conditions of the respective supplier apply to the client.

§ 4 Applicable Law, Written Form, Place of Jurisdiction
The use of the online portal is based on the applicable laws of the Federal Republic of Germany and these GTC. All declarations transmitted within the scope of the user agreement to be concluded with MICE access GmbH must be made in writing or by e-mail. MICE access GmbH reserves the right to change the above-mentioned e-mail address at its sole discretion. The valid contact data of MICE access GmbH can be found in the imprint of the online portal. For consumers, the contract of use and the terms and conditions are subject to the law of the Federal Republic of Germany, insofar as no mandatory statutory provisions, in particular consumer protection regulations, are in conflict. Place of fulfillment is Norderstedt. Norderstedt is the exclusive place of jurisdiction for all disputes arising from the contract of use and these GTC, insofar as the user is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. Norderstedt is the exclusive place of jurisdiction for all disputes arising from the user agreement and these Terms and Conditions.
General terms and conditions and deviating regulations of the users do not apply unless MICE access GmbH has expressly confirmed this in writing. Individual agreements always have priority.

§ 5 Contract duration and termination
The contract is concluded for an indefinite period and can be terminated at any time by all contracting parties.

§ 6 Disruption of the online portal
Clients may not use any mechanisms, software or other scripts that may interfere with the functioning of the online portal. It is not permitted to block, overwrite or modify content generated by MICE access GmbH or to interfere in any other way with the online portal. Furthermore, clients are not entitled to take measures that could lead to system impairments of the infrastructure of MICE access GmbH. A claim to access and accessibility of the online portal does not exist.

§ 7 Copyright
All rights regarding MICE access – including all relationships, conditions, descriptions, data, procedures and know-how – are the sole property of MICE access GmbH. The same applies to all copyrights, trademarks and all other intangible rights to and regarding MICE access GmbH. Content stored by MICE access may not be copied or distributed without the prior consent of the copyright holder. Any form of copying, reproduction or other form of imitation is prohibited without the express consent of MICE access.

§ 8 Assumption of contract by third parties
MICE access GmbH is entitled to transfer their rights and obligations from the contractual relationships concluded with the clients in whole or in part to third parties with a notice period of four weeks. The right of the client to terminate the contract of use according to § 5 remains unaffected in this case as well.

§ 9 Privacy policy
For the orderly execution of the order, in particular for the preservation of the notification obligations under these GTC, it is necessary to store and process personal data of the contracting parties. MICE access guarantees the confidential handling of this data in accordance with the legal provisions. The contractual partners of MICE access expressly agree to the storage and processing of their data. Each contracting party can view and change their stored data at any time. Upon request, the personal data will be deleted. With the deletion of the personal data, the use of the online portal can be restricted or forbidden.
Registered customers expressly agree on receiving newsletters from MICE access at irregular intervals.
For more details, please read the privacy policy on miceaccess.com.

§ 10 Amendments to these GTC, severability clause
MICE access GmbH reserves the right to change these GTC at any time and without stating reasons. The amended GTC shall be deemed accepted if the client does not object to the validity of the new GTC by e-mail within two weeks of their coming into force. MICE access will inform the other party about this two-week period in the e-mail containing the changed conditions.
If a provision of these GTC is invalid or unenforceable, the remaining provisions shall remain unaffected. The contracting parties undertake to replace an invalid or unenforceable provision by a provision which comes closest to the meaning and purpose of the invalid or unenforceable provision in accordance with the economic intent of the parties. The same shall apply to any loopholes.

General Terms and Conditions for suppliers (Contractors)

These are the General Terms and Conditions (hereinafter referred to as “GTC”) of the MICE access GmbH and pf MICE access (as an intermediary) for the use of the MICE access software (hereinafter referred to as the “Online Portal”). The terms and conditions regulate the contractual relationship between MICE access and the natural and legal persons using the services of MICE access (including the partners) and are referred to below as the contracting party. Suppliers (hotels and venues) submitting specific offers on requests are also referred to below as “contractors”. Customers sending inquiries and creating bookings in the online portal are also referred to below as “clients”. By using the service of MICE access, a contract based on these GTC is concluded between MICE access and the respective customer or supplier for the use of the online portal (“User Agreement”).

§ 2 Fees
Unless otherwise agreed, MICE access shall receive a placement commission from the supplier that is due for payment within 14 days of the invoice being issued for the successful mediation of a booking between a client and a supplier. The commission can be selected by the supplier with each submission of an offer and is at least 8% on the overnight rate of the booked hotel rooms (excluding VAT) and at least 5% on conference packages, F & B services and room rentals (excluding VAT) for meetings. Commissionable business includes all services booked before the event. The calculation of the commission is based on the above-mentioned net sales (excluding VAT).
In the event that no commission has been chosen for one or more of the above services in the original booking, MICE access GmbH must be notified immediately in writing about the commission for additional services by the supplier. Services booked prior to the event include all services that accrue from the time of booking until the arrival of the guests or the beginning of the event. If necessary, the supplier will be required to provide written proof of the date of the booking of additional services in order to examine the commission claim. If, in the course of a booked event, one or more of the chosen services is transformed into one or more other services by changes in the original booking (including a change of date), the selected commission will remain in place.
The commission becomes due when business has been mediated to the supplier and a claim for payment from the client arises (usually after departure of the hotel guests). The supplier shall not be allowed to withdraw or change the chosen commission after submitting the offer.
The supplier is obliged to inform the MICE access GmbH immediately after the end of a mediated event or after the departure of the guests about the actually achieved turnover in connection with the mediated booking. For this purpose, the supplier receives a corresponding e-mail with access to an online form for the simple transmission of sales.
MICE access is obliged to verify the accuracy of the sales submitted by the supplier. For this purpose, MICE access is entitled to view the invoice copies of all sales incurred in the context of the booked event. These must be sent to MICE access immediately upon request and at the latest within 13 days after departure of the guests.
If the supplier does not provide MICE access with copies of invoices or other written proof of the sales of the event upon request, MICE access is entitled to charge a mediation commission with a security surcharge of 50% of the expected sales. This serves the purpose of ensuring that the settlement of the commission takes place in a timely manner and is not delayed. Upon receipt of the commission invoice with a security surcharge, the supplier will have 7 days to present the originally requested invoice copies or other written proof of turnover in order to correct the commission invoice. If the supplier does not provide any corresponding proof, the amount of the expected sales with a surcharge of 50% shall be deemed to have been agreed by mutual consent.
A change in the invoice does not lead to a change of the original payment term.
In the event of non-compliance with the payment target, an automated dunning procedure which cannot be changed manually is carried out. In the case of a failure to meet the payment deadlines, we pass our claims to our debt collection partner. The start of a collection procedure can result in additional costs for the supplier.

§ 3 Rules of conduct for suppliers and notice of termination
Suppliers violating these GTC, applicable law, or other circumstances relevant for or from the point of view of MICE access GmbH may be permanently or temporarily blocked by MICE access GmbH. In the event of blocking, MICE access GmbH may delete the contents of the supplier.
MICE access can block a supplier in particular if:
the supplier gives false information regarding his personal data,
the supplier infringes the rights of third parties in connection with the use of MICE access,
there are justified indications of payment difficulties from the supplier,
there are other important reasons for blocking.
Blocked suppliers are prohibited from continuing to use MICE access or from re-registering under another name. In case of a blocking, MICE access limits the scope of use for the blocked supplier. Blocked suppliers can only use MICE access again after being unblocked. MICE access is not liable for damages resulting from blocking. A claim of the supplier for restoration of the rights of use is excluded in case of a blocking. MICE access reserves the right to terminate the contract of use with blocked supplier at any time.
Communication between clients and suppliers:
The requested suppliers will be given the company name of the client when receiving a request. Unless otherwise agreed or stated, the supplier is generally prohibited from contacting the client directly in order to influence the realization of the request, bypassing MICE access. If the supplier has booked a premium option and has submitted a valid offer via MICE access, the supplier will be allowed to communicate with the client. In this case, the supplier will be informed of this possibility. Existing company contracts between client and supplier are not taken into account in the request for MICE access. Unless stated otherwise, the client may only be contacted after a fixed booking and only by the chosen supplier.
The booking of an offer submitted by the supplier may only be made via the MICE access system or via a distribution partner regardless of whether the client’s booking request is made during or after expiry of the option period of the offer. If the client expresses the booking request directly to the supplier or after expiry of the option period, the supplier is obliged to immediately inform the responsible partner (named in the request) or MICE access, so that the booking can be carried out via the MICE access system.
Under no circumstances may the supplier suggest that the client makes the booking without MICE access or without the responsible partner. The supplier must ensure that the request of the client can be identified at any time by any responsible employee of the supplier as a request via MICE access.
In the event of a violation of this regulation, the supplier will be charged a penalty in the amount of the expected commission of the business by MICE access. Furthermore, the supplier will be excluded from MICE access. MICE access also reserves the right to claim further damages.

§ 4 Offers and bookings
MICE access only acts as a mediator. Liability for the content, process or payment of the event or the booked hotel accommodation is excluded in any case. The client has the obligation to provide the booked supplier with all necessary data for the processing of the booking after booking via MICE access. The supplier is obliged to send the client a reservation confirmation stating the terms of payment and cancellation after a group, meeting or event booking. This should be reconfirmed in writing by the client.
The event or accommodation contract is concluded directly between the supplier and the client. MICE access is not liable for any damage caused to the supplier in any way by the event or the client. MICE access has no influence on the contents of the offers submitted by the suppliers. Liability for correct information in the offers is excluded in any case. Any offer made by the supplier via MICE access is binding for the client.
If the customer’s booking is made using the single booking module “hotel rooms”, the terms and conditions of the supplier Booking.com apply in addition to these general terms and conditions. These are displayed directly when individual bookings are made.
If an offer is made via the availabilities of InstantBook, the terms and conditions of the respective hotel or of the InstantBook provider apply. These are displayed before the booking and must be read and accepted before initiating the booking.

§ 5 Applicable Law, Written Form, Place of Jurisdiction
The use of the services of MICE access is based on the applicable laws of the Federal Republic of Germany and these GTC. All declarations transmitted within the scope of the user agreement to be concluded with MICE access GmbH must be made in writing or by e-mail. MICE access GmbH reserves the right to change the above-mentioned e-mail address at its sole discretion. The valid contact data of MICE access GmbH can be found in the imprint of the online portal. For consumers, the contract of use and the terms and conditions are subject to the law of the Federal Republic of Germany, insofar as no mandatory statutory provisions, in particular consumer protection regulations, are in conflict. Place of fulfillment is Norderstedt. Norderstedt is the exclusive place of jurisdiction for all disputes arising from the contract of use and these GTC, insofar as the user is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a user does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. Norderstedt is the exclusive place of jurisdiction for all disputes arising from the user agreement and these Terms and Conditions.
General terms and conditions and deviating regulations of the users do not apply unless MICE access GmbH has expressly confirmed this in writing. Individual agreements always have priority.

§ 6 Contract duration and termination
The contract is concluded for an indefinite period and may be terminated by either party with one month’s notice. This does not affect the right to terminate the contract for good cause, in particular in the event of a breach of the supplier’s rules of conduct. The right to the agreed commission for successfully mediated bookings remains valid even after termination of the contract.

§ 7 Disruption of the online portal
Clients may not use any mechanisms, software or other scripts that may interfere with the functioning of the online portal. It is not permitted to block, overwrite or modify content generated by MICE access GmbH or to interfere in any other way with the online portal. Furthermore, clients are not entitled to take measures that could lead to system impairments of the infrastructure of MICE access GmbH. A claim to access and accessibility of the online portal does not exist.

§ 8 Published media and copyright
All rights regarding MICE access GmbH – including all relationships, conditions, descriptions, data, procedures and know-how – are the sole property of MICE access GmbH. The same applies to all copyrights, trademarks and all other intangible rights to and regarding MICE access GmbH. Content stored by MICE access may not be copied or distributed without the prior consent of the copyright holder. Any form of copying, reproduction or other form of imitation is prohibited without the express consent of MICE access.

Published media of the supplier:
The supplier publishes his contents at MICE access with the background of being presented via MICE access and via affiliated distribution partners on the Internet and that he is placed in business. With the publication of media (images, texts, videos) on the websites of MICE access, the supplier confirms that the publication does not violate the rights of third parties, that the supplier owns the copyrights of the published media and that the supplier grants MICE access an unrestricted right to use the corresponding media. The supplier grants MICE access GmbH a non-exclusive, temporarily and spatially unlimited and free license to host, use, distribute, execute, copy, make publicly accessible, translate and create derivative works from all content uploaded by the supplier as well as to grant all these rights to third parties under the same conditions. The supplier grants MICE access GmbH the right to modify and edit uploaded pictures and texts and to publish them afterwards on the website without time or space restrictions as well as to grant these rights to third parties under the same conditions. All contents are independently maintained by the supplier. The MICE access GmbH does not check the published contents and media of the supplier and therefore has no influence on the correctness of this information. Each registered supplier can change and supplement his data at any time independently without examination by the MICE access GmbH.

§ 9 Assumption of contract by third parties
MICE access GmbH is entitled to transfer their rights and obligations from the contractual relationships concluded with the clients in whole or in part to third parties with a notice period of four weeks. The right of the client to terminate the contract of use according to § 6 remains unaffected in this case as well.

$10 Pricavy policy
For the orderly execution of the order, in particular for the preservation of the notification obligations under these GTC, it is necessary to store and process personal data of the contracting parties. MICE access guarantees the confidential handling of this data in accordance with the legal provisions. The contractual partners of MICE access expressly agree to the storage and processing of their data. Each contracting party can view and change their stored data at any time. Upon request, the personal data will be deleted. With the deletion of the personal data, the use of the online portal can be restricted or forbidden.
If contact details are transmitted to the supplier, this data may not be used for purposes other than submitting offers in the sense of MICE access, in particular such data may not be disclosed to third parties. The contracting party is informed that the information provided within this contractual relationship is required for the establishment, content or amendment of the contractual relationship are stored, collected, processed and used in automated procedures by MICE access. MICE access collects personal data in order to be able to handle requests safely and reliably. Personal data will only be made accessible to the extent necessary for the use of MICE access (for example, disclosure of address data to interested clients after placing a request). MICE access uses your data to support your requests or your order processing and to communicate with you. Your data is necessary in order to provide you with services and support, to keep you updated on present requests, and to personalize MICE access such as to fit your needs. In principle, MICE access is allowed to process and use personal data internally in order to detect and prevent unlawful or contractually adverse uses of services, as far as there are concrete indications for this. Messages sent to other contractors by contractors via MICE access are stored by MICE access and are randomly checked for violations of applicable law or the GTC of MICE access. Registered suppliers expressly agree on receiving newsletters from MICE access at irregular intervals.
For more details, please read the privacy policy on miceaccess.com.

§ 11 Amendments to these GTC, severability clause
MICE access GmbH reserves the right to change these GTC at any time and without stating reasons. The amended GTC shall be deemed accepted if the client does not object to the validity of the new GTC by e-mail within two weeks of their coming into force. MICE access will inform the other party about this two-week period in the e-mail containing the changed conditions.
If a provision of these GTC is invalid or unenforceable, the remaining provisions shall remain unaffected. The contracting parties undertake to replace an invalid or unenforceable provision by a provision which comes closest to the meaning and purpose of the invalid or unenforceable provision in accordance with the economic intent of the parties. The same shall apply to any loopholes.