Arranging events (such as conferences, congresses, incentives, supporting programs), corporate contracts and travel (business & leisure)
§ 1 Subject of the Terms of Use
Terms of Use for Customers
§ 1 Subject of the Terms of Use
1) The Bodensee Convention (hereinafter referred to as "BC") provides a booking platform (hereinafter referred to as the "Portal") on www.bodensee-convention.com through which hotels, event locations or event providers (collectively "Providers") can participate in the Member Program, contact customers and accept bookings from customers.
Upon request from the customer, BC will request providers to submit an offer by email.
Providers may use currently available free and paid services within the scope of their respective availability. Further information about the services can be found in the service descriptions. § 8.
(2) These Terms of Use govern the provision of services by BC and the use of these services by providers.
(3) Information about BC’s privacy policy can be obtainedhere.
(4) These Terms of Use shall only apply to providers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
§ 2 Changes to the Terms of Use
(1) BC reserves the right to amend these Terms of Use at any time, even within existing contractual relationships. BC will notify customers of such changes at least 30 calendar days before the changes are scheduled to take effect. If customers do not object within 30 days of receiving the notification and continue to use the services after the objection period has expired, the changes will be deemed to have been effectively agreed upon from the expiration of the objection period. In the event of an objection, the contract will continue under the previous terms and conditions. In the notification of the changes, BC will inform customers of their right of objection and the consequences.
(2) BC is entitled at any time to change the services provided on the website, to make new services available free of charge or for a fee, and to discontinue the provision of free services. BC will always take the legitimate interests of the customers into account..
§ 3 Protection of content, responsibility for third-party content
(1) The content available on the BC website is predominantly protected by copyright or other intellectual property rights and is the property of BC, the service providers, or other third parties who have made the respective content available. The compilation of the content as such may be protected as a database or database work within the meaning of Sections 4 (2) and 87a (1) of the German Copyright Act (UrhG). Customers may use this content only in accordance with these Terms of Use.
(2) The content available on the portal originates partly from BC and partly from other service providers or other third parties. Content from service providers and other third parties is hereinafter collectively referred to as "Third-Party Content." BC does not review third-party content for completeness, accuracy, and legality and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality, and timeliness of third-party content unless the illegality is obvious and known to BC. This also applies to the quality of the third-party content and its suitability for a specific purpose, as well as to third-party content on linked external websites.
§ 4 Registration and Participation
(1) Completing a booking does not require participation in the BC Member Program. However, there is no entitlement to participation or the forwarding of inquiries. MICE reserves the right to reject applications for participation without stating reasons.
(2) Participation in the BC Member Program is only permitted for companies within the meaning of Section 14 of the German Civil Code (BGB). In the case of a legal entity, registration must be made by a natural person with full legal capacity and authorized to represent the company.
(3) When participating in the BC Member Program, mandatory information must be submitted. This includes, in particular, the company's contact details, first name, last name, and the authorized representative's email address.
(4) The Member Program (Gold, Silver, Bronze) has a minimum contract term of one year and is extended for a further year if participation is not terminated. Participation begins upon signing the cooperation agreement, or upon the desired date specified by the provider in the framework agreement.
(5) It is also the responsibility of the provider to ensure that the services available on the website are used exclusively by the provider itself or by persons authorized by the provider. If there is reason to suspect that unauthorized third parties have or will gain access to the access data, BC must be informed immediately.
(6) Customers are obliged to keep their data (including contact details) up to date. If the data provided changes during the participation period, customers must immediately inform BC of the change.by email to inform.
(7) BC is entitled to irretrievably delete all data generated within the scope of participation upon expiration of the agreement and after expiry of any statutory retention periods.
§ 5 Termination of registration and participation
(1) Participation in the BC Member Program may be terminated at any time, but no later than three months before the contract renewal date, without giving reasons. If the notice period expires, the cooperation agreement will be extended for another year.
§ 6 Bookings and conclusion of contract with customers
(1) If a customer requests a booking via BC from a provider and the provider concludes a corresponding contract with the customer, the customer and provider become contractual partners. In this relationship, the contractual provisions of these parties, as stated in the contract, apply exclusively.
(2) If the provider contacts the customer and asks him to send his request directly to BC rather than via BC in order to avoid a booking by BC, BC has the right to prohibit the customer from further participation as a member.
(3) Upon the conclusion of a booking (depending on member status) for which the request and offer were initiated through BC, BC charges a commission of 15% on all services listed, booked, and used in the offer or reservation contract. BC calculates the commission after the event only based on the services actually used. For clarification: There will be no adjustment to the percentage, but an adjustment will be made if the service actually used and billed differs from the booked service. Services obtained by a provider from its subcontractor ("third party") are not subject to this commission policy.
(4) The obligation to pay a brokerage commission is reduced or waived if, at the time of submitting the offer, the provider is registered as a framework contract partner in the relevant BC customer instance for the event date. This is the case if the customer's commercial data for this framework contract has been activated.
Activated means that the customer has transferred the data to BC and BC has processed it.
For bookings made outside the agreed and deposited framework agreement period, the provider is obligated to pay the commission pursuant to paragraph (3) and to reflect this accordingly in its offer. Refusal of the commission due to a reference to a future framework agreement cannot be considered.
In this case (i.e., in the case of a booking outside the agreed and deposited framework agreement period), the provider receives the customer's request with the request to include a 15% commission in their quoted prices. If it turns out at the time of the event that the customer and provider have since entered into a framework agreement and these rates have also been deposited with BC, BC reserves the right to reduce its commission claims against the provider by 50%.
(5) After the end of the event, BC will send the provider a request to inform BC of the actual costs of the event by email in order to calculate the commission based on the data actually used.
The provider is obliged to disclose the data within 3 working days of invoicing.
If the provider violates this obligation, BC is entitled to calculate the commission based on the contractual reservation amount. Furthermore, this invoice information serves to facilitate prompt invoice processing, depending on the customer agreement. In the event of discrepancies in the services used, BC reserves the right to inspect the customer invoice. The brokerage commission refers to the net amount plus the applicable VAT at the time of invoicing.
(6) In the event that a reservation has been cancelled for a fee and a cancellation invoice is issued for this, BC is entitled to charge the agency commission of 15% in accordance with Section 7 paragraph 3 to be added to the cancellation invoice.
§ 6 Services and Availability
(1) The content and scope of the services are determined by the functionalities currently available on the BC website.
(2) The services available on the portal may also include third-party services to which BC merely provides access. The use of such services – which are identified as third-party services – may be subject to different or additional provisions than these Terms of Use, which BC will point out.
(3) A right to use the services available on the BC website exists only within the scope of BC's technical and operational capabilities. BC strives to ensure the uninterrupted availability of its services. However, temporary restrictions or interruptions may occur due to technical disruptions (such as power outages, hardware and software errors, or technical problems with data lines).
§ 7 Scope of permitted use by customers, monitoring of usage activities
(1) The right of use is limited to access to the portal and to the use of the services available on the portal within the framework of the provisions of these Terms of Use.
(2) Customers are responsible for ensuring the necessary technical requirements for the contractual use of the services within their area of responsibility. MICE is not obliged to provide advice in this regard.
(3) BC points out that user activities may be monitored to the extent permitted by law. This may include logging IP connection data and call histories, as well as their analysis, in the event of a specific suspicion of a violation of these Terms of Use and/or a specific suspicion of the existence of another illegal activity or criminal offense.
§ 8 Right to use content available on the portal
(1) Unless further use is expressly permitted in these Terms of Use or on the Portal or enabled on the Portal by a corresponding functionality (e.g. download button),
- – Customers may access and display the content available on the website online solely for the purpose of exercising their professional activities. This right of use is limited to the duration of their contractual participation;
- – Customers are prohibited from editing, modifying, translating, displaying, publishing, exhibiting, reproducing, or distributing any content available on the website, in whole or in part. Likewise, they are prohibited from removing or altering copyright notices, logos, and other trademarks or protective notices.
(2) Customers are only entitled to download and print content if the option to download or print is available on the portal as a functionality (e.g. via a download button).
§ 9 Blocking of access
(1) BC may temporarily or permanently suspend the cooperation if there are concrete indications that customers are or have violated these Terms of Use and/or applicable law, or if BC has another legitimate interest in suspending the cooperation. When deciding on a suspension, BC will appropriately consider the customer's legitimate interests.
§ 10 Data Protection
(1) BC’s quality standards include handling the personal data of service providers and customers (hereinafter referred to as “personal data”) responsibly.
BC will therefore only process personal data resulting from the use of the available services to the extent necessary for the contractual provision of services and permitted by law or mandated by law. BC will treat personal data confidentially and in accordance with the provisions of applicable data protection law and will not disclose it to third parties.
(2) Beyond this, BC will only use personal data if the data subject has expressly consented to this. Consent given may be revoked at any time.
(3) Further information on data protection can be found in thePrivacy Policyto find.
§ 11 Liability
(1) Within the scope of the use of the Services, BC is liable in accordance with the following provisions.
(2) BC shall be liable without limitation for damages caused intentionally or through gross negligence by BC or its legal representatives, executive employees or simple vicarious agents.
(3) BC shall not be liable in cases of slightly negligent breaches of only minor contractual obligations. Otherwise, BC's liability for damages caused by slight negligence is limited to those damages that can typically be expected within the framework of the respective contractual relationship (typically foreseeable damages). This also applies to slightly negligent breaches of duty by BC's legal representatives, senior employees, or ordinary vicarious agents.
(4) The above limitation of liability shall not apply in the case of fraudulent intent, in the case of physical injury or personal damage, for the breach of guarantees or for claims arising from product liability.
§ 12 Final provisions
(1) Unless expressly stated otherwise in these Terms of Use, all declarations made as part of participation must be submitted in writing or by email. BC's email address is info@bodensee-convention.com. BC's postal address is Bodensee Convention, Anna-Zentgraf-Str. 15, 88662 Überlingen am Bodensee. Contact details are subject to change. BC will notify customers of any such changes.
(2) Should any provision of these Terms of Use be or become invalid, the legal validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a valid provision shall be deemed agreed that most closely approximates the economic intent of the parties.
(3) These Terms of Use are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(4) The exclusive place of jurisdiction for all disputes arising from these Terms and Conditions of Participation and Use shall be the registered office of BC.
§ 7 Bookings and conclusion of contracts with customers
