GENERAL TERMS AND CONDITIONS FREEDREAMS GmbH
Article 1: Definitions
For the purpose of these General Terms and Conditions the following is understood as:
Freedreams : Freedreams GmbH, having its registered office in Kleve, registered in the trade register under number HRB 16686, acting under the names: Daydreams, Freedreams, Daydreams Classic, Daydreams Family and Daydreams Wellness.
Buyer : the consumer or the business that purchases a Hotel Voucher online via Freedreams for a maximum of 3 hotel nights.
Agreement : the agreement between Freedreams and the Buyer regarding the purchase of one or more Hotel Vouchers.
Hotel Voucher : right to spend a maximum of 3 nights (per voucher) in a partner hotel of Freedreams in the course of which the Buyer commits to pay the previously presented half-board price directly at the selected hotel.
Annual Card : (also referred to as Dream Card) right to stay an unlimited number of nights in a partner hotel of Freedreams during a period of one year after the date of purchase in the course of which the Buyer commits to pay the half-board price directly at the selected hotel.
Article 2: General, conclusion of Agreement(s)
- Any and all offers made by Freedreams, Agreement(s) concluded with the Buyer and the implementation thereof in pursuance of which Freedreams sells and delivers products and services of any nature whatsoever are governed by these General Terms and Conditions. The present terms and conditions are also applicable to agreements with third parties relied on by Freedreams for the implementation of the Agreement(s).
2.2 Freedreams acts as the intermediary during the conclusion of the sale of Hotel Vouchers and Annual Cards and is therefore not a party to the sale and implementation of the content of an Agreement.
2.3 The Buyer is responsible for the supply and check of data that he/she enters and that are mentioned on the Hotel Voucher / Annual Card. Incorrect and/or incomplete data on a Hotel Voucher are fully at the risk and expense of the Buyer. If the Buyer is familiar with incorrect data on the Hotel Voucher then he / she must immediately inform Freedreams accordingly. Freedreams shall make an effort to support the Buyer in case of changes.
2.4 Purchased Hotel Vouchers cannot be returned. Section 230p under e of Book 6 of the German Civil Code is applicable to the Agreement. If the Hotel Voucher is not used during the term of validity then the Buyer has the possibility of extending the Hotel Voucher for the same term against payment.
2.5 If Freedreams has doubts about the correctness or the validity of the data entered by the Buyer and/or the means of payment / bank account used by the Buyer then Freedreams shall be entitled not to conclude the Agreement respectively to rescind the Agreement and to offer the Hotel Voucher to third parties online. Freedreams shall inform the Buyer accordingly.
2.6 A deviation(s) from these General Terms and Conditions is (are) only valid if and to the extent that Freedreams expressly confirmed the deviation(s) in writing. Potential general terms and conditions that govern the purchase and delivery of the Buyer are only applicable if they were expressly declared applicable to the Agreement in writing. A deviation(s) from the Agreement that was (were) accepted is (are) only applicable to the relevant Agreement and not to potential follow-up agreements, unless Freedreams and the Buyer expressly stipulated this in writing.
2.7 Changes of the General Terms and Conditions shall be posted on the website of Freedreams and are applicable to the current and new Agreement(s).
2.8 If one or more provisions of these terms and conditions are invalid and/or nullifiable then the remaining provisions remain in full force and effect. The alternative / revised provision shall be changed in line with the objective and the scope of the provision to be replaced.
2.9 The acceptance of an offer or the conclusion of an Agreement implies that the Buyer unconditionally accepts the applicability of these General Terms and Conditions.
Article 3: Delivery, risk
- Unless stipulated otherwise, Hotel Vouchers / Annual Cards shall immediately after payment be sent digitally to the email address specified by the Buyer.
3.2 After the Hotel Voucher / Annual Card has been sent the risk of loss, theft or abuse of the Hotel Voucher / Annual Card shall be vested in the Buyer. The Buyer is responsible for checking timely receipt of the Hotel Voucher(s) / Annual Card. If the Hotel Voucher / Annual Card is not received at the email address specified by the Buyer within 48 hours then the Buyer must forthwith inform Freedreams accordingly. Failing to do so (in a timely fashion) shall be at the expense and risk of the Buyer.
Article 4: Prices, information, payment
- The prices, descriptions and availability shown on the website is information that Freedreams receives from hotels and locations and posts online on their behalf. The presented aforementioned information is made available without obligation and subject to changes.
- Any and all prices shown on the website of Freedreams include overnight stay and exclude food and beverages, (compulsory) tourist tax, other consumptions taken and/or services or facilities offered by the hotel or third parties and other surcharges.
- Payment of the Hotel Voucher / Annual Card takes place through the manner indicated by Freedreams on the website. Further payment conditions may be imposed on the ordering and payment of a Hotel Voucher.
- If and to the extent that invoices are used with regard to certain services and products then payments must take place within 14 days after the date of the invoice.
- Products and services that are purchased on an invoice basis have automatically been deactivated and cannot be used. After processing of the payment the products and/or the services shall be activated by Freedreams. Freedreams is entitled to require a down payment or payment in full of the invoice upon conclusion of the Agreement before proceeding with delivery of the Hotel Voucher / Annual Card. Freedreams is entitled to suspend the delivery of the Hotel Voucher / Annual Card in case of late payment, without prejudice to its right to proceed with (judicial) collection of the outstanding amount. In case of late payment Freedreams shall also be entitled to effective from the first day after the due date of the invoice charge the statutory default interest and € 20.00 on account of administration costs as well as the extrajudicial collection costs, if the claim is outsourced, which costs are calculated in conformity with the German Extrajudicial Collection Costs (Standards) Act.
Article 5: Liability, force majeure
5.1 Freedreams can by no means be held liable for a (imputable) failure to comply with the Agreement by a hotel / location. Nor can Freedreams be held liable for acts or omissions of third parties, including (but not limited to) a hotel / location.
5.2 Freedreams can never be addressed for changes in the availability of hotel rooms. The compliance with a Hotel Voucher / Annual Card is a matter between the Buyer and the relevant hotel / location.
5.3 In case of an imputable failure to comply with the Agreement on the part of Freedreams the Buyer shall give Freedreams the opportunity to yet deliver the stipulated performance within a reasonable period of time. As the occasion arises Freedreams shall never be held to pay compensation of any nature whatsoever.
5.4 Force majeure is understood as each and every independent circumstance as a result of which compliance with the Agreement can within reason not be requested of Freedreams and/or that occurs through no fault of Freedreams and beyond its control. Freedreams shall forthwith warn the Buyer if an instance of force majeure occurs.
5.5 Condition for the occurrence of a right pursuant to the provisions set forth in this article is always that the Buyer informs Freedreams of a failure to comply imputable, according to the Buyer, to Freedreams in writing as soon as within reason possible. The total liability of Freedreams shall always be limited to the value of the Agreement, i.e. the price paid by the Buyer.
Article 6: Intellectual property, privacy
- Any and all websites managed by Freedreams are protected by intellectual property rights and are the exclusive property of Freedreams. Any and all data on these websites, including but not limited to texts, data, downloadable products, graphic data, images, audio, video, logos, pictograms or HTML code, are protected by copyrights, trademark rights and/or any other intellectual property right and remain the property of Freedreams or third parties.
- The Buyer is not allowed to forge or reproduce a Hotel Voucher / Annual Card with the intention of using it more frequently than paid for. The Agreement does not comprise the transfer of any intellectual property right from Freedreams to the Buyer.
- Upon the conclusion of the Agreement the Buyer is deemed to have taken note of the privacy statement of Freedreams as posted on the website(s) of Freedreams and to agree with the processing acts of the personal data supplied by him / her as indicated there.
Article 7: Warranty, Complaints
7.1 Complaints in general and complaints about Hotel Vouchers / Annual Cards must be submitted to Freedreams in writing and with a proper description of the complaint within 8 days after receipt of the relevant Hotel Voucher / Annual Card. Freedreams is only subject to the obligation to forward the complaint to the relevant hotel / location.
7.2 Freedreams shall not be liable for miscommunication, delays or improper transmission of orders and communications due to the use of the internet or any other means of communication in the traffic between Freedreams and the Buyer or between Freedreams and third parties (to the extent that this is related to the relationship between Freedreams and the Buyer), unless and to the extent that there is question of intent or gross negligence on the part of Freedreams.
Article 8: Disputes, applicable law, source of terms and conditions
8.1 Any and all disputes, including those that are only qualified as such by one party, with regard to, deriving from or related to the Agreement to which these terms and conditions are applicable shall be settled according to German law by the civil court in the district where Freedreams holds its corporate seat, barring to the extent that mandatory statutory provisions prescribe otherwise.
8.2 These terms and conditions were filed at the office of the Chamber of Commerce under number HRB 16686, are available on the website of Freedreams and are sent by email on request.