General Terms and Conditions

Terms and conditions for customers (clients)

These are the general terms and conditions (hereafter “GTC”) of the MICE access GmbH and MICE access(as mediator) regarding the use of the software MICE access (hereafter: “online-portal”). The GTC rules: the contract relation between MICE access and the natural and juristic persons, using the services of MICE access (incl. the partner agencies, are called subsequent also “clients”. Members (customers) who place in the online-portal enquiries andbookings, are called subsequent also “clients”. Whilst using the services of MICE access a contract, applying to these GTC, of the usage for theonline portal (“user contract”) with MICE access and the relevant user comes into force.

Right of Withdrawal

Every member can withdraw his declaration of consent respective to the conclusion of a contract and to these GTC within two weeks in written,without naming any reasons (as letter, fax, email). The deadline begins with the contacting and usage of the services of MICE access (includingpartner agencies). In order to ensure the deadline the sending of the withdrawal in due time is sufficient. The withdrawal is to be addressed to:MICE access GmbH, Südportal 5, D-22848 Norderstedt, or via email to: info@miceaccess.com. This right of withdrawal relates only to theuser contract. MICE access points out that confidentiality for uncoded in the internet transferred data is not ascertained.

§ 1 Service

MICE access and the partner agencies procure the clients hotel and congress rooms for exhibitions, congresses and business trips. At this MICEaccess (incl. Partner agencies) acts solely as broker for a business between customer and contractor. The reservation- such as accommodationcontracts are effected directly between the client (customer) and contractor (hotel).

MICE access and the partner of MICE access provide the visitors of the websites and partner sites information about registered hotels. The information is maintained by the registered hotel. MICE access and his partners are not responsible for the data of the registered hotels. Each registered hotel may change and complete his own data at any time without examination by MICE access.

§ 2 Fees

For the customer the usage of the online portal is free of charge.

§ 3 Offers and bookings

MICE access solely acts as broker. A liability for the content, procedure or the payment of the event or the booked overnight stays in the hotel is inany case excluded. The customer is obliged, after the firm booking via MICE access, to provide the booked hotel all requested date for the booking.The contractor is obliged to send the customer, after the group or meetings booking (MICE access groups and MICE access meetings) via theonline portal a confirmation of reservation with details in respective to the payment and cancellation conditions. This should be reconfirmed by thecustom in written. MICE access has no influence for the contents in the offers sent by the contractor. The liability for correct details in the offers is inany case excluded. Every offer, shown in the online portal, is non-binding.

If the booking of the customer is done via the individual booking module MICE access individual, the differing GTC from our partner Booking.comapply. These are directly visible whilst performing the individual bookings.

§ 4 Applicable law, written form, place of jurisdiction

The using of the online portal is liable to the valid laws of the federal republic of Germany and these GTC. All explications, in context to the future’swith MICE access concluded user contract, have to be sent in written or via email. MICE access reserves the right to change the above mentionedemail address at the own discretion. In such case MICE access informs the member about the change of the email address. If the user is aconsumer, then the user contract and the GTC are liable to the law of the federal republic of Germany, as long as these not opposed to cogentstatutory regulations, especially consumer protection legislation.

§ 5 Duration of contract and termination

The contract is concluded for an unlimited period of time and can be terminated by both contract partners at any time.

§ 6 Disorder of the online portal

Members are not allowed to use mechanism, software or other scripts, which could disorder the functionality of the online portal. It is not allowed, toblock by MICE access generated contents, to overwrite or to modify or in any other way to intervene distractive in the online portal. Members arefurthermore not allowed, to take steps, which could lead to system interferences to the infrastructure of MICE access.

§ 7 Copyright

All rights regarding MICE access – this includes all relations, conditions, descriptions, data, procedures and knowhow – are solely for MICE access.Same counts for all copyrights, trademarks and all other immaterial rights to and regarding MICE access. On MICE access uploaded content arenot allowed, without any permission of the copy right owners, to be copied or circulated. Every form of copy, reproduction or any other case ofimitation is without any explicit consent via MICE access prohibited.

§ 8 Taking over of the contract by third parties

MICE access has the right, with an advance notice of four weeks, to transfer his right and obligations of the with the members concluded contractrelationships in total or partly to third parties. The right of the member to terminate the user contract as per § 5 remains also in this case

 

§ 9 changes to these GTC, severability clause

MICE access reserves its rights to change these GTC at any time and without naming any reasons. The changed GTC, are considered to have been accepted, as long as the member does not dissent the validity of the new GTC within 2 weeks via Email. MICE access will point out the twoweeks deadline to the member in the mail, which includes the changed conditions. Should any of the provisions of these conditions or of otherterms agreed be or become void, the validity of the remaining parts of these conditions shall not be affected. The contract partners are obliged toreplace a void or inexecutable condition with such a condition that covers the meaning and purpose of the void and inexecutable condition as perthe both parties economical wishes at most.

Terms and conditions for hotels (contractor)

These are the general terms and conditions (hereafter “GTC”) of the MICE access GmbH and MICE access (as mediator) regarding the use of the software MICE access (hereafter: “online-portal”). The GTC determine: the contractual relationship between MICE access and the natural and juristic persons, using the services of MICE access (including partner agencies) which are called “members” below. Members (hotels) which submit proposals upon receiving requests will be called “contractor” below. Members (clients) who place requests and bookings into the online-portal, are also called “clients”. Whilst using the services of MICE access a contract, applying to these GTC, of the usage for the online portal (“user contract”) with MICE access and the relevant user comes into force.

Right of Withdrawal:

Every member can withdraw his declaration of consent respective to the conclusion of a contract and to these GTC within two weeks in written, without naming any reasons (as letter, fax, e-mail). The deadline begins with the contacting and usage of the services of MICE access (including partner agencies). In order to ensure the deadline the sending of the withdrawal in due time is sufficient. The withdrawal is to be addressed to: MICE access GmbH, Südportal 5, D-22848 Norderstedt, or via e-mail to: info@miceaccess.com. This right of withdrawal relates only to the user contract. MICE access points out that confidentiality for any uncoded data transferred in the internet cannot be guaranteed.

§ 1 Service

MICE access and the partner agencies procure hotel and congress rooms for exhibitions, congresses and business trips to the clients. MICE access (including partner agencies) acts solely as a broker for a business between the client and the contractor. The reservation and accommodation contract will be concluded directly between the client (customer) and contractor (hotel).

MICE access and the partner agencies provide the visitors of the websites and partner sites with information about the registered hotels. The information are looked after by the registered hotel. MICE access and its partners are not responsible for the data of the registered hotels. Each hotel which is registered may change and complete its own data at any time without examination by MICE access.

§ 2 Fees

In the event of success, MICE access will charge the contractor a commission for arranging a booking from the client to the contractor, which is due 14 days after invoicing. The commission can be chosen by the contractor when submitting the offer and is between 8% and 15% on the overnight rate of the booked hotel rooms (accommodation rate excl. VAT) or between 5% and 15% for booked conferences. Pickable business comprises all services booked before the event. Unless otherwise agreed, services booked before the event:

  • Lodging
  • Conference flat rates or F&B services
  • and room rental

of the building.

In the event that no commission was selected in the original booking for one or more of the above-mentioned services, this commission must be notified immediately in writing to MICE access when booking additional services. Services booked before the event include all services that arise with the booking until the arrival of the guests. In order to examine the commission claim, the contractor is obliged to provide written proof of the time of booking additional services if required. If one or more of the services selected changes into one or more other services in the course of a booked event (with the exception of accommodation) as a result of changes to the original booking, the selected agency commission shall remain in force. The agency commission is due when the contractor has been arranged a transaction and a claim to payment arises from the client (usually after departure of the hotel guests). The contractor is not permitted to independently revoke or change the chosen commission after submission of the offer. MICE access is obliged to check the correctness of the transmitted turnover of the contractor. For this purpose, MICE access is entitled to view the copies of invoices for all sales generated within the scope of the booked event. These must be sent to MICE access immediately upon request and at the latest within 13 days after the guests’ departure.

If the contractor does not provide MICE access with copies of invoices or other written proof of the turnover of the event upon request, MICE access is entitled to charge a commission with a security surcharge of 50% of the expected turnover. The purpose of this is to ensure that settlement by the Mediation Commission is prompt and not delayed. After receipt of the agency commission invoice with security surcharge, the contractor has 7 days time to submit the originally requested copies of the invoice or other written proof of the transactions in order to make a correction of the agency commission invoice.

A correction of the commission invoice does not lead to a change in the original term of payment.

The dunning process is automated and cannot be changed manually. If payment deadlines are not met, we will pass on our receivables to our collection partner creditreform. The initiation of a collection procedure incurs additional costs for the contractor

§ 3 Rules of conduct for contractor und dismissal

Members, who disregard these GTC, valid rights or any other, for or in view of MICE access relevant circumstances, can be blocked by MICE access permanently or for a period of time. In the case of a blocking MICE access can delete the uploaded content. MICE access can block a member, especially if:

  • the member enters wrong details into his personal data,
  • the member infringes rights of third parties whist using MICE access,
  • there are justified indications of financial difficulties of the member,
  • there are secondary agreements after a request between client and contractor, without any previous allowance by MICE access.
  • There are other important reasons for a blocking.

Blocked members must not continue using MICE access or re-register using another name. In the case of a blocking MICE access limits the scope of using of MICE access for the blocked member. Blocked members can only use MICE access after the blocking has been undone. MICE access is not liable for damages occurring due to the blocking. There is no entitlement for the member to have his rights of use restored during the case of a blocking. MICE access reserves its rights to cancel the contract of use of blocked members at any time.

Communication between contractor and client

The company’s name of the client will already be revealed to the contractor when submitting a request. Unless otherwise specified, it is generally prohibited that the contractor contacts the client directly in order to influence the process of the request. In case the client uses the request procedure of MICE access Version 4.0 or the contractor had booked a Premium Option before and transmitted a valid offer via MICE access, the communication between the contractor and client is permitted. In this case, the contractor will be advised of this possibility. Existing framework agreements or corporate contracts between the client and the contractor will be not be accounted for at requests via MICE access. Unless stated otherwise, the client will be contacted only after a firm booking and only by the selected contractor.

The booking of a proposal which has been transmitted by the contractor may only be made exclusively via the MICE access system – it does not matter if the client’s booking wish is expressed whilst the request is running, after the request has run out or if the client approached the contractor after initially declining the proposal.

Should the client express his booking wish to the contractor after the runtime has already run out, the contractor will inform the responsible supplier (which is named in the request) or MICE access, so that the booking can be made via the MICE access system.

For a breach of this regulation the contractor will be charged through MICE access with a penalty by invoice in the amount of the mediation commission of the expected business. In addition, the contractor can be excluded from MICE access.

§ 4 Offers and bookings

MICE access solely acts as broker. A liability for the content, procedure or the payment of the event or the booked overnight stays in the hotel is in any case excluded. The customer has the right, after the firm booking via MICE access, to provide the booked hotel all requested date for the booking. The contractor is obliged to send the customer, after the group or meetings booking (MICE access groups and MICE access meetings) via the online portal a confirmation of reservation with details in respective to the payment and cancellation. This should be reconfirmed by the customer in written. The event or accommodation contract is concluded directly between the contractor and the client. MICE access is not liable for any damages occurred to the hotel in any way by the event or the customer. MICE access has no influence for the contents in the offers sent by the contractor. The liability for correct details in the offers is in any case excluded. Every offer, shown in the online portal, is non-binding.If the booking of the customer is done via the individual booking module MICE access individual, the differing GTC from our partner Booking.com apply. These are directly visible whilst performing the individual bookings.

Published media

The contractor confirms with the publishing of media (pictures, texts, videos) on the websites of MICE access, that the publishing does not infringe the rights of third parties and that the contractor is the holder of the copyrights of the published meda and allows MICE access unrestricted right of use for the relevant media.

§ 5 Applicable law, written form, place of jurisdiction

The using of the online portal is liable to the valid laws of the federal republic of Germany and these GTC. All explications, in context to the future’swith MICE access concluded user contract, have to be sent in written or via email. MICE access reserves the right to change the above mentionedemail address at the own discretion. In such case MICE access informs the member about the change of the email address. If the user is a consumer, then the user contract and the GTC are liable to the law of the federal republic of Germany, as long as these not opposed to cogentstatutory regulations, especially consumer protection legislation.

§ 6 Duration of contract and termination

The contract is concluded for an unlimited period of time and can be terminated by both contract partners within a deadline of 14 days to the end ofthe month. The right of a termination due to an important reason, especially during a breach of the conduct remains hereby unaffected. Theentitlement of the agreed commission remains also for MICE access after the termination.

§ 7 Disorder of the online portal

Members are not allowed to use mechanism, software or other scripts, which could disorder the functionality of the online portal. It is not allowed, to block by MICE access generated contents, to overwrite or to modify or in any other way to intervene distractive in the online portal. Members are furthermore not allowed, to take steps, which could lead to system interferences to the infrastructure of MICE access.§ 8 Copyright

All rights regarding MICE access – this includes all relations, conditions, descriptions, data, procedures and know how – are solely for MICE access.Same counts for all copyrights, trademarks and all other immaterial rights to and regarding MICE access. On MICE access uploaded content are not allowed, without any permission of the copy right owners, to be copied or circulated. Every form of copy, reproduction or any other case of imitation is without any explicit consent via MICE access prohibited.§ 9 Taking over of the contract by third parties

MICE access has the right, with an advance notice of four weeks, to transfer his right and obligations of the with the members concluded contract relationships in total or partly to third parties. The right of the member to terminate the user contract as per § 6 remains also in this case 

§ 10 changes to these GTC, severability clause

MICE access reserves its rights to change these GTC at any time and without naming any reasons. The changed GTC, are considered to have been accepted, as long as the member does not dissent the validity of the new GTC within 2 weeks via Email. MICE access will point out the two weeks deadline to the member in the mail, which includes the changed conditions. Should any of the provisions of these conditions or of other terms agreed be or become void, the validity of the remaining parts of these conditions shall not be affected. The contract partners are obliged to replace a void or inexecutable condition with such a condition that covers the meaning and purpose of the void and inexecutable condition as perthe both parties economical wishes at most.