General Terms and Conditions for Users

By registering, you accept the following General Terms and Conditions (hereinafter referred to as “GTC User“) for the use of the hotelbird App as well as the hotelbird Web Portal (hereinafter referred to as “hotelbird Services“). You can find the GTC User under https://hotelbird.com/agb-fuer-kunden. By registering, an agreement on the use of the hotelbird Services (hereinafter referred to as “User Agreement“) is concluded between you and hotelbird GmbH (hereinafter referred to as “hotelbird“). There shall be no entitlement to the conclusion of a User Agreement.

1.             Services Provided

1.1 If the hotel booked by you uses the hotelbird Services (“Partner Hotel” or “Hotel“), you can comfortably check in and out of the Hotel with no queues via your mobile phone, use your phone as key to your room and easily and quickly pick up your room access card from the reception or any kiosk terminal with your Check-In Pass. Above that you can directly pay with your smartphone and receive your invoices via e-mail.

1.2 When entering your e-mail address during the reservation you will automatically receive an invitation from the Hotel to use the hotelbird Service and your reservation is automatically linked to your hotelbird Account. Alternatively, you can find your reservation in a Partner Hotel in your Account by entering the Hotel booked by you and the reservation number as well as your surname.

1.3 The following Services are available for any reservations in your Account:

1.3.1 Online Check-In: Three days before arrival you can check in from everywhere via the App or the Web Portal.

1.3.2 Depending on the facilities of the Hotel, hotelbird offers the following possibilities for the hand-over of the room key.

(a) Digital Key: You receive a digital key together with the room number; you can open the door of your hotel room with the digital key. For this, a working Bluetooth connection is required.

(b) Check-In-Pass: With your Check-In Pass you can quickly and easily pick up your room key from a kiosk terminal or the reception.

1.3.3 Online Payment: You can comfortably pay for your stay at the Hotel via the App or the Web Portal. After successful check-out and payment you will receive an invoice for your stay via e-mail.

1.3.4 Online Check-Out: On departure day you can check out via the App or the Web Portal.

1.4 Any details in connection with your reservation will be made available from the respective Hotel. Hotelbird has no influence on the correctness and completeness of the reservation details provided by the Hotel.

2.             No Fees

The hotelbird Services are made available to you at no cost.

3.             Registration; Obligation to Update

3.1 The use of the hotelbird Services is subject to a one-time registration. Only persons that have reached the age of 18 are authorized to register. All details requested during the registration must be complete and truthful. Multiple registrations are inadmissible.

3.2 The verification of the registration is performed via your e-mail address. After entering the e-mail address you will receive a number code which you have to enter into the App to verify that you are the owner of the e-mail address; this is required to use the hotelbird Services.

3.3 You are obliged to always keep the data and information stored in connection with the hotelbird Services (including contact details) up to date. In case of any changes you must immediately update the data to ensure a smooth process of the Services. A transfer of the hotelbird Account to any other person is inadmissible.

4.             User’s Obligations

4.1 You are obliged to keep your access data secret. Disclosure to any third party is inadmissible. Should you have any suspicion that your access data could have become known to any third party you are obliged to immediately change your access data and inform hotelbird. You shall be fully liable for any activities carried out under usage of your access data.

4.2 In case of loss of your mobile phone you are obliged to immediately and directly have all digital keys requested and received disabled by hotelbird. For this, please directly contact the respective Hotel or the hotelbird Support.

4.3 Hotelbird takes adequate technical and organizational security measures in accordance with the latest state of the art in order to protect you. To further minimize the remaining risk you as a user are obliged to participate in the securing of your systems by taking appropriate security measures on your devices, in particular by installing a virus scanner. In addition, please use a password as access protection for your smartphone so that in case of loss of the smartphone no third party can obtain access to your data, e.g. the hotelbird App with your key.

4.4 The abusive use of the hotelbird Services is inadmissible. This, particularly, includes any attempt to gain unauthorized access to any premises as well as any other non-intended interferences with the hotelbird Services, for example the exploitation of security loopholes or the deployment of malware.

5.             Rights of Use

5.1 Hotelbird is the owner / licensee of the complete intellectual property to the hotelbird Services. hotelbird shall grant you a right to use the hotelbird Services; this right is revocable at any time, limited to the term of the contractual use of the hotelbird Services, simple (i.e. non-exclusive) and non-transferrable.

5.2 You are prohibited from decompiling or modifying the Services and the related App, creating derivative works thereof, using them/it for the purpose of Reverse Engineering or attempting to gain knowledge of the source code. Any access to the Services is only admissible pursuant to the specification of services, i.e. via the App or the Web Portal. The usage of web scrapers or similar techniques is inadmissible.

6.             Availability; Transmission Security

6.1 As according to the current state of the art an absolute faultlessness of software is not possible, hotelbird shall not assume any guarantee that the hotelbird Services are error-free and an uninterruptible access to them is possible.

6.2 Furthermore, absolute security cannot be guaranteed in case of a data transfer via the internet despite the use of common encryption algorithms.

7.             Termination

7.1 You may terminate this User Agreement at any time in writing. Alternatively, you may terminate this Agreement by deleting your Account via the App. A respective function is available under the topic data protection.

7.2 Hotelbird may terminate the User Agreement at any time by giving notice of two weeks to the end of a month.

7.3 If there are concrete indications that you have violated statutory provisions, any third-party rights or the GTC User or if there is any other good cause, your Account may be temporarily disabled or deleted and the User Agreement may be extraordinarily terminated. After your Account has been disabled or deleted, a new registration is inadmissible.

8.             Data Protection

Insofar as hotelbird processes personal data this is carried out pursuant to the applicable provisions of data protection law. For further information please see our Privacy Policy.

9.             Liability

9.1 Hotelbird shall be liable without limitation in case of intent, gross negligence, injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee that has been assumed.

9.2 In case of a slightly negligent violation of material contractual duties (cardinal duties), hotelbird shall only be liable for the foreseeable damage typical for this type of agreement. Material contractual duties are duties whose fulfillment is required to achieve the aim of the agreement.

9.3 The liability of hotelbird shall be excluded for any other cases.

9.4 These limitations of liability shall also inure to the benefit of the legal representatives and vicarious agents of hotelbird.

10.          Amendments to the GTC User

Hotelbird reserves the right to amend the GTC User in case of significant changes to the bases of this User Agreement like the existing legal situation, the market terms and the technical requirements. The amended GTC User shall serve the adaption to the changed bases and be submitted to you in writing in advance. If you do not object to the amendments within a period of six weeks from receipt of the notification in writing, the amended GTC User shall become contractually agreed. You will again be informed of such circumstances in the notification submitted.

11.          Final Provisions

11.1 German law shall exclusively apply; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.2 In case the user is an entrepreneur within the meaning of Sec. 14 German Civil Code (Bürgerliches Gesetzbuch, BGB), the exclusive place of jurisdiction on any dispute shall be the registered office of hotelbird GmbH in Munich.

11.3 If individual provisions of the GTC User are or become invalid, such invalidity shall not affect the remaining provisions. In such case, the parties shall make every effort to fill any loopholes by creating legally effective provisions which come as close as possible to the original economic purpose.