NetManagement GmbH privacy policy

This page has been translated automatically. Please note that in the event of a legal dispute, only the official German version of this website / this document applies.

These websites, the portal and the offers, information, products and services contained therein are not aimed at consumers within the meaning of § 13 BGB, but basically only at institutions, associations, authorities, companies, associations and traders (within the meaning of § 14 BGB) from the hospitality and tourism industry (B2B).

NetManagement GmbH (hereinafter “NetManagement” or “We” or “Us”) thanks you for visiting our website and mobile applications (together also “online offer”) and for your interest in our company and our products.

1. NetManagement respects your privacy

The protection of your privacy when processing personal data and the security of all business data is an important concern of ours, which we take into account in our business processes. We process personal data that is collected when you visit our online offers confidentially and only in accordance with the statutory provisions.

Data protection and information security are part of our corporate policy.

2. Responsible

NetManagement GmbH is responsible for processing your data; exceptions are explained in this data protection notice.

Our contact details are as follows:

NetManagement GmbH
Menzelstrasse 13
22607 Hamburg
Germany

3. Collection, processing and use of personal data

3.1 Categories of data processed

Communication data (e.g. name, telephone number, email address, address, IP address) are processed.

3.2 Principles

Personal data is all information that relates to an identified or identifiable natural person, e.g. names, addresses, telephone numbers or e-mail addresses that express the identity of a person.

We collect, process and use personal data (including IP addresses) only if there is a legal legal basis for this or if you have given us this, e.g. B. have given your consent as part of a registration.

3.3 Processing purposes and legal bases

We and service providers commissioned by us process your personal data for the following processing purposes:

3.3.1 Provision of this online offer

Legal basis: Overriding legitimate interest on our part in direct marketing, as long as this is done in accordance with data protection and competition law requirements.

3.3.2 Answering user inquiries using a contact form

Legal basis: Overriding legitimate interest on our part in marketing and in the improvement of our products and services, as long as this is in accordance with data protection and competition law requirements or the fulfillment of the contract or consent.

3.3.3 Answering user inquiries as part of a live chat

Legal basis: Overriding legitimate interest on our part in marketing and in the improvement of our products and services, as long as this is in accordance with data protection and competition law requirements or the fulfillment of the contract or consent.

3.3.4 To identify malfunctions and for security reasons

Legal basis: Fulfillment of our legal obligations in the area of ​​data security and an overriding legitimate interest in the elimination of disruptions and the security of our offers.

3.3.5 In-house and third-party advertising as well as market research and reach measurement to the extent permitted by law or on the basis of consent

Legal basis: Consent or overriding legitimate interest on our part in direct marketing, as long as this is in accordance with data protection and competition law requirements.

3.3.6 Safeguarding and defending our rights

Legal basis: Legitimate interest on our part in asserting and defending our rights.

3.4 Log files

Each time you use the Internet, your Internet browser automatically transmits certain information and saves it in so-called log files.

We store the log files for a period of 14 days to identify faults and for security reasons (e.g. to investigate attempted attacks) and then delete them. Log files, the further storage of which is necessary for evidence purposes, are excluded from deletion until the respective incident has been finally clarified and can be passed on to investigating authorities in individual cases.

Log files (without or without a full IP address) are also used for analysis purposes under the requirements of Section 3.3.4 "In-house and third-party advertising as well as market research and range measurement to the extent permitted by law or on the basis of consent".

In particular, the following information is stored in the log files:

• IP address (Internet protocol address) of the terminal device from which the online offer is accessed;
• Internet address of the website from which the online offer was accessed (so-called origin or referrer URL);
• Name of the service provider through whom the online offer is accessed;
• Name of the files or information accessed;
• Date and time as well as duration of the retrieval;
• Amount of data transferred;
• Operating system and information on the Internet browser used, including installed add-ons (e.g. for the Flash Player);
• Http status code (e.g. "request successful" or "requested file not found").

3.5 Consumers, Children & Young People

Our offer is not aimed at consumers, children and young people within the meaning of § 13 BGB, but exclusively at institutions, associations, authorities, companies, corporations, traders and freelancers (within the meaning of § 14 BGB).

3.6 Disclosure of data

3.6.1 Transfer of data to other responsible parties

In principle, we will only transfer your personal data to other persons responsible if this is necessary to fulfill the contract, if we or the third party have an overriding legitimate interest in the transfer or if you have given your consent. Details on the legal bases and the recipients or the categories of recipients can be found in the section "Processing purposes and legal bases" (see No. 3.3).

In addition, data can be transmitted to other responsible parties if we should be obliged to do so due to legal provisions or an enforceable official or judicial order.

3.6.2 Service provider (general)

We commission external service providers with tasks such as marketing services, programming, data hosting and hotline services. We have carefully selected these service providers and regularly monitor them, in particular their careful handling and securing of the data stored with them. All service providers are obliged by us to maintain confidentiality and to comply with legal requirements. Service providers can also be other companies in the NetManagement group.

3.6.3 Disclosure to recipients outside the EEA

We can also pass on personal data to recipients who are based outside the EEA in so-called third countries. In this case, we ensure that the recipient either has an adequate level of data protection or that you have given your consent to the disclosure.

We can provide you with an overview of the recipients in third countries and a copy of the specifically agreed regulations to ensure the appropriate level of data protection. Please use the information in the "Contact" section (see No. 13).

3.7 duration of storage; Retention periods

In principle, we store your data for as long as this is necessary to provide our online offer and the associated services or we have a legitimate interest in further storage (e.g. we can still have a legitimate interest in postal marketing). After that, we delete your personal data with the exception of data that we have to continue to store to fulfill legal obligations (e.g. due to retention periods under tax and commercial law, we are obliged to keep documents such as contracts and invoices for a certain period of time) .

4. Use of cookies

As part of the provision of our online offer, cookies and tracking mechanisms can be used. Cookies are small text files that can be saved on your device when you visit an online offer. Tracking is possible using various technologies. We process information in particular in the context of pixel technology or log file analysis.

4.1 Categories

We differentiate between cookies that are absolutely necessary for the technical functions of the online offer and those cookies and tracking mechanisms that are not absolutely necessary for the technical function of the online offers.

The use of the online offer is generally possible without cookies, which are not used for technical purposes.

4.1.1 Technically necessary cookies

We understand technically necessary cookies as cookies without which the technical provision of the online offer cannot be guaranteed. This includes B. Cookies that store data to ensure the trouble-free playback of video or audio content.

These cookies are deleted after your visit.

4.1.2 Technically unnecessary cookies and tracking mechanisms

We use marketing cookies and tracking mechanisms. We only use these cookies and tracking mechanisms if you have given us your prior consent. The exception to this is the cookie, which saves the current status of your privacy setting (selection cookie). This is set on the basis of legitimate interest.

Generally

The use of marketing cookies and tracking mechanisms enables us and our partners to show you interest-based offers based on an analysis of your usage behavior:

Statistics:

Using statistical tools, we measure e.g. B. the number of your page views.

Conversion tracking:

Our conversion tracking partners place a cookie on your computer ("conversion cookie") if you have reached our website via an advertisement from the partner concerned. These cookies usually lose their validity after 30 days. If you visit certain pages of ours and the cookie has not yet expired, we and the respective conversion tracking partner can recognize that a certain user clicked on the ad and was redirected to our site. This can also be done across devices. The information obtained with the help of the conversion cookie is used to create conversion statistics and to record the total number of users who clicked on the relevant ad and were redirected to a page with a conversion tracking tag.

Social plugins:

On some pages of our online offer, content and services from other providers (e.g. Facebook, Twitter) are integrated, which in turn can use cookies and active components. You can find more information on social plugins in the section “Social Plugins” (see No. 7).

Please note that when using the tools, your data may be transferred to recipients outside the EEA where there is no adequate level of data protection in accordance with the GDPR (e.g. USA). You can find details on this in the following description of the individual marketing tools:

Name: Google Tag Manager

Provider: Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA

Function: Management of website tags via an interface, integration of program codes on our websites

Name: Google Ads

Provider: Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA

Function: placement of advertisements, remarketing, conversion tracking

Further information can be found at: https://adssettings.google.com/authenticated

4.2 Management of cookies and tracking mechanisms

You can manage your cookie and tracking mechanism settings in the browser and / or in our privacy settings:

Note: The settings you have made only relate to the browser used.

4.2.1 Switching off all cookies

If you want to switch off all cookies, please go to your browser settings and deactivate the setting of cookies. Please note that this can impair the functionality of the website.

4.2.2 Administration of your settings regarding technically unnecessary cookies and tracking mechanisms

When you visit our website, you will be asked in a cookie layer whether you give us your consent for the use of marketing cookies or tracking mechanisms.

In our privacy settings you can revoke your consent with effect for the future or you can give us your consent at a later point in time.

5. Google

5.1 Google Maps

This site uses the Google Maps map service via an API. The provider is Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

To use the functions of Google Maps, it is necessary to save your IP address. This information is usually transmitted to a Google LLC server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of an appealing presentation of our online offers and to make it easy to find the places we have indicated on the website. This represents an overriding legitimate interest on our part within the meaning of Art. 6 Para. 1 lit.f GDPR.

You can find more information on handling user data in Google's privacy policy:

https://www.google.de/intl/de/policies/privacy/.

5.2 Google Web Fonts

This page uses so-called web fonts from the provider Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA for the uniform representation of fonts. When you call up a page, your browser loads the required web fonts into your browser cache in order to display texts and fonts correctly.

For this purpose, the browser you are using must connect to the Google servers. This gives Google knowledge that our website has been accessed via your IP address. The use of Google Web Fonts takes place in the interest of a uniform and appealing presentation of our online offers. This represents an overriding legitimate interest on our part within the meaning of Art. 6 Paragraph 1 lit.f GDPR.

If your browser does not support web fonts, a standard font will be used by your computer.

Further information on Google Web Fonts can be found at https://developers.google.com/fonts/faq and in Google's data protection declaration: https://www.google.de/intl/de/policies/privacy/.

6. Microsoft Azure Content Delivery Network

To optimize the loading times of this website, we can use a so-called "Content Delivery Network" (CDN) service, offered by public cloud solutions from Microsoft. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052-6399 USA.

The use of the CDN service represents a legitimate interest within the meaning of Art. 6 Para. 1 lit.f GDPR.

As part of this processing, personal data is transmitted to the USA. The transmission is based on European standard contractual clauses in which Microsoft has committed itself to complying with European data protection law for the services it provides.

Further information on Microsoft's data protection guidelines can be found here: https://privacy.microsoft.com/de-de/privacystatement.

7. Social plugins

We use so-called social plugins from various social networks in our online offer; these are described individually in this section.

When using the plugins, your internet browser establishes a direct connection to the servers of the respective social network. In this way, the respective provider receives the information that your Internet browser has called up the corresponding page of our online offer, even if you do not have a user account with the provider or are not currently logged into it. Log files (including the IP address) are transmitted directly from your Internet browser to a server of the respective provider and may be saved there. The provider or its server can be located outside the EU or the EEA (e.g. in the USA).

The plugins are independent extensions of the social network providers. We therefore have no influence on the scope of the data collected and stored by the social network providers via the plugins.

The purpose and scope of the collection, further processing and use of the data by the social network as well as your rights and setting options for the protection of your privacy can be found in the data protection information of the respective social network.

If you do not want the providers of the social networks to receive data via this online offer and, if necessary, save or use it, you should not use the respective plug-ins.

7.1 Social plugins with a 2-click solution

With the so-called 2-click solution, we protect you from your visit to our website being recorded and evaluated by social network providers as standard. If you call up a page on our website that contains such plugins, these are initially deactivated. The plugins are only activated when you click the button provided.

7.2 Facebook plugins

Facebook is operated at www.facebook.com by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA, and at www.facebook.de by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 , Ireland, operated ("Facebook"). You can find an overview of the Facebook plugins and their appearance here:

https://developers.facebook.com/docs/plugins/?locale=de_DE; Information on data protection on Facebook can be found here: http://www.facebook.com/policy.

7.3 Twitter plugins

Twitter is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA (“Twitter”). You can find an overview of the Twitter plugins and their appearance here: https://developer.twitter.com/; Information on data protection on Twitter can be found here: https://twitter.com/de/privacy.

7.4 Plugins from LinkedIn

LinkedIn is operated by the LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA (“LinkedIn”). You can find an overview of the LinkedIn plugins and their appearance here: https://developer.linkedin.com/plugins; Information on data protection at LinkedIn can be found here: https://www.linkedin.com/legal/privacy-policy.

8. YouTube

This online offer uses the YouTube video platform operated by YouTube, LLC, 901 Cherry Ave. San Bruno, CA 94066, USA (“YouTube”). YouTube is a platform that enables the playback of audio and video files.

If you call up a corresponding page of our offer, the embedded YouTube player establishes a connection to YouTube so that the video or audio file can be transmitted and played back. In doing so, data is also transferred to YouTube as the controller. We are not responsible for the processing of this data by YouTube.

Further information on the scope and purpose of the data collected, on the further processing and use of the data by YouTube, on your rights and the data protection options you can select can be found in the YouTube data protection notice.

9. External links

Our online offer may contain links to third-party websites that are not affiliated with us. After clicking the link, we no longer have any influence on the collection, processing and use of any personal data transmitted to the third party when the link is clicked (such as the IP address or the URL of the page on which the link is located) , since the behavior of third parties is naturally beyond our control. We are not responsible for the processing of such personal data by third parties.

10. Security

Our employees and the service companies commissioned by us are bound to secrecy and compliance with the provisions of the applicable data protection laws.

We take all necessary technical and organizational measures to ensure an adequate level of protection and to protect your data managed by us, in particular from the risks of unintentional or unlawful destruction, manipulation, loss, modification or unauthorized disclosure or access. Our security measures are continuously improved in line with technological developments.

11. User rights

Please use the information in the "Contact" section to assert your rights (see No. 13). Please make sure that we can clearly identify you.

11.1 Right to information and access

You have the right to receive information from us about the processing of your data. To do this, you can assert a right to information in relation to the personal data that we process about you.

11.2 Right to rectification and erasure

You can ask us to correct incorrect data. As long as the legal requirements are met, you can request the completion or deletion of your data.

This does not apply to data that are required for billing and accounting purposes or that are subject to statutory retention requirements. If access to such data is not required, their processing will be restricted (see below).

11.3 Restriction of processing

If the legal requirements are met, you can request that we restrict the processing of your data.

11.4 Data Portability

As long as the legal requirements are met, you can request that the data you have made available to us be transmitted in a structured, common and machine-readable format or - if technically feasible - that the data be transmitted to a third party.

11.5 Right of objection

11.5.1 Objection to direct marketing

You can also object to the processing of your personal data for advertising purposes at any time ("advertising objection"). Please note that for organizational reasons there may be an overlap between your objection and the use of your data in the context of an ongoing campaign.

11.5.2 Objection to data processing on the legal basis of "legitimate interest"

You also have the right to object to data processing by us at any time, provided this is based on the legal basis of "legitimate interest". We will then stop processing your data, unless we can - in accordance with the legal requirements - prove compelling reasons worthy of protection for further processing which outweigh your rights.

11.6 Revocation of consent

If you have given us your consent to the processing of your data, you can revoke this at any time with effect for the future. This also applies to the revocation of declarations of consent that were given to us before the GDPR came into effect, i.e. before May 25, 2018. This does not affect the legality of processing your data until you withdraw your consent.

11.7 Right of appeal to the supervisory authority

You have the right to lodge a complaint with a data protection supervisory authority. You can contact the data protection supervisory authority responsible for your place of residence or your federal state or the data protection supervisory authority responsible for us.

This is:

The Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI) of the Free and Hanseatic City of Hamburg - corporation under public law

Contact:

Ludwig-Erhard-Str 22, 7th floor
20459 Hamburg
Germany

12. Change of data protection declaration

We reserve the right to change our security and data protection measures. In these cases, we will also adapt our information on data protection accordingly. Please therefore note the current version of our data protection notice.

13. Contact

If you would like to get in contact with us, you can reach us using the contact details given in the section "Responsible" (see No. 2).

To assert your rights, you can contact us using the contact details given in the “Responsible” section (see No. 2).

To report data protection incidents, you can contact us using the contact details given in the “Responsible” section (see No. 2).

For suggestions and complaints regarding the processing of your personal data, we recommend that you contact our data protection officer:

NetManagement GmbH
Data protection officer
P.O. Box 520654
22596 Hamburg
Germany

or

This page has been translated automatically. Please note that in the event of a legal dispute, only the official German version of this website / this document applies.

1 Scope

1.1. Use of these web pages offered by NetManagement GmbH ("NetManagement") (hereinafter: "Hospitality Market Website") is only permitted on the basis of these conditions. These general terms of use can be supplemented, modified or replaced in individual cases by further conditions, e.g. for the purchase of products and / or services. By registering, also known as log_in, or, if separate registration / log-in is not required, by commencing use, the validity of these terms of use is accepted in their respective version.

1.2. Our offer is not aimed at consumers within the meaning of § 13 BGB, but exclusively at institutions, associations, authorities, companies, associations, traders and freelancers (within the meaning of § 14 BGB) in the hospitality and tourism industry.

1.3. When using the Hospitality Market website, the user must act for a company, i.e. in the exercise of a commercial or independent professional activity, or for a public corporation. Section 312i Paragraph 1 Sentence 1 No. 1 - 3 BGB do not apply.

1.4. The respective company or corporation is represented by the user and must be attributed to his actions and knowledge.

2. Services

2.1. On the Hospitality Market website, NetManagement provides certain information, contract documents, documents, filling out aids and software, possibly together with documentation, for retrieval or downloading.

2.2. NetManagement arranges access or contracts to services and products of third parties on the Hospitality Market website.

2.3. NetManagement is entitled to cease operation of the Hospitality Market website in whole or in part at any time. Due to the nature of the Internet and computer systems, NetManagement does not guarantee the uninterrupted availability of the Hospitality Market website.

3. Registration, password

3.1. The pages / portal of the Hospitality Market website are password protected. In the interests of business security, access to these pages is only possible for registered users. There is no entitlement to registration by NetManagement. In particular, NetManagement reserves the right to subject previously freely accessible websites to a registration requirement. NetManagement is entitled at any time to revoke the access authorization by blocking the access data without having to give reasons, especially if the user

• Is a consumer within the meaning of § 13 BGB,
• The use does not take place in the exercise of a commercial or independent professional activity, or for a public corporation,
• Not for institutions, associations, authorities, companies, associations, tradespeople and freelancers (within the meaning of § 14 BGB) in the hospitality and tourism industry,
• Has provided false information for registration,
• Has violated these conditions or his duty of care in handling the access data,
• Has violated applicable law when accessing or using the Hospitality Market website or
• Has not used the Hospitality Market website for a long period of time.

3.2. If registration is planned, the user is obliged to provide truthful information for registration and to notify NetManagement immediately (if provided: online) of any subsequent changes. The user will ensure that he receives the emails that are sent to the email address he has specified.

3.3. With the multi-level registration, the user defines the user name (email address) and password (hereinafter also: "user data") himself. The user data enable the user to view and change his data or, if necessary, to revoke or extend the consent given to data processing.

3.4. The user ensures that the user data is not accessible to third parties and is liable for all orders, contracts and other activities made under the user data. The password-protected area must be left after each use. If the user becomes aware that third parties are misusing the user data, he is obliged to inform NetManagement immediately in writing, if necessary in advance by simple e-mail.

3.5. Upon receipt of the notification in accordance with Section 3.4, NetManagement will block access to the password-protected area with this user data. The block can only be lifted after a separate application by the user to NetManagement or after a new registration.

3.6. The user can request the deletion of his registration at any time in writing, provided that the deletion does not conflict with the processing of ongoing contractual relationships. In this case, NetManagement will delete all user data and all other stored personal data of the user as soon as they are no longer required.

4. Rights of use to offers, contract documents, information, software and documentation

4.1. The use of the offers, contract documents, information, software and documentation made available on the Hospitality Market website is subject to these terms and conditions or, in the case of updates to offers, contract documents, information, software or documentation, the relevant license and documentation agreements previously agreed with NetManagement Terms of contract. Separately agreed license and contract conditions, e.g. when downloading contract documents, offers, software, take precedence over these conditions.

4.2. NetManagement grants the user a non-exclusive and non-transferable right to use the information, software and documentation provided on the Hospitality Market website to the extent agreed or, if nothing has been agreed, with the provision and Assignment by NetManagement corresponds to the purpose pursued.

4.3. Software is provided free of charge in machine-readable form. There is no entitlement to the release of the source code. This does not apply to source codes of open source software, the license terms of which take precedence over these conditions when open source software is passed on and which prescribe the source code to be released. In this case, NetManagement will provide the source code in return for reimbursement of costs.

4.4. Neither offers, contract documents, information, software nor documentation may be passed on to third parties, sold, rented or made available in any other way by the user at any time. Unless otherwise permitted by mandatory legal regulations, the user may not change, reverse engineer or translate the contract documents, the offers, the software or their documentation, nor may he extract parts. The user may make a backup copy of the software if this copy is required to secure future use on the basis of these terms of use.

4.5. The offers, contract documents, information, software and documentation are protected by copyright laws as well as international copyright agreements and other laws and agreements on intellectual property. The user will observe these rights, in particular remove alphanumeric identifiers, trademarks and copyright notices from the contract documents, offers, information, software, documentation, or copies thereof.

4.6. The rest of §§ 69a ff. Of the Copyright Act remain unaffected.

5. Intellectual property

5.1. Notwithstanding the special provisions in Section 4 of these Terms of Use, contractual documents, offers, information, brand names and other content from the Hospitality Market website may not be changed, copied, reproduced, sold, rented, used, supplemented or in any other way without the prior written consent of NetManagement be recycled.

5.2. Apart from the rights of use or other rights expressly granted herein, the user is not granted any further rights of any kind, in particular to the company name and industrial property rights such as patents, utility models or trademarks, nor does NetManagement have a corresponding obligation to grant such rights.

5.3. Insofar as the user posts ideas and suggestions on the hospitality market websites, NetManagement may use them free of charge for the development, improvement and sale of the products and services from its portfolio.

6. User Obligations

6.1. The user may not use the Hospitality Market website

• Violate morality with his usage behavior;
• Allow third parties, in particular third parties from outside the industry, access, use and viewing;
• Violate industrial property rights, copyrights or other property rights;
• Transmit content with viruses, so-called Trojan horses or other programming that can damage software;
• Enter, save or send hyperlinks or content to which he is not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal; or
• Disseminate advertising or unsolicited e-mails (so-called "spam") or incorrect warnings of viruses, malfunctions and the like, or encourage participation in competitions, pyramid schemes, chain letters, pyramid schemes and similar campaigns.

6.2. NetManagement may block access to the Hospitality Market website at any time, especially if the user violates his obligations under these terms and conditions.

7. Hyperlinks

The Hospitality Market website may contain hyperlinks to third party websites. NetManagement assumes no responsibility for the content of these websites, nor does NetManagement adopt these websites and their content as its own, since NetManagement does not control the linked information and is also not responsible for the content and information provided there. Their use is at the user's own risk.

8. Liability for performance, material and legal defects

8.1. If offers, contract documents, information, software or documentation are provided free of charge, liability for performance, material and legal defects of the offers, contract documents, information, software and documentation, in particular for their correctness, freedom from errors, freedom from property rights and copyrights of third parties , Completeness and / or usability - except in the case of intent or malice - excluded.

8.2. The information on the Hospitality Market website can contain specifications or general descriptions of technical possibilities for services and products, which do not always have to be available in individual cases (e.g. due to product or service changes). The desired performance features of the services and products are therefore to be agreed in each individual case when purchasing or concluding a contract.

9. Other liability, viruses

9.1. NetManagement's liability for performance, material and legal defects is based on the provisions in Section 8 of these Terms of Use. In addition, any liability on the part of NetManagement is excluded, unless, for example, under the Product Liability Act, due to intent, gross negligence, injury to life, limb or health, due to the assumption of a quality guarantee, due to fraudulent concealment of a defect or due to the violation of essential contractual obligations is liable. Compensation for breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence.

9.2. Although NetManagement makes every effort to keep the Hospitality Market website virus-free, NetManagement does not guarantee that it is virus-free. Before downloading offers, contract documents and other documents, information, software and documentation, the user must ensure that appropriate security devices and virus scanners are in place on the Hospitality Market website for their own protection and to prevent viruses.

9.3. A change in the burden of proof to the detriment of the user is not associated with the above provisions in Sections 9.1 and 9.2.

10. Compliance with export control regulations

10.1. When forwarding the offers, contract documents, documents, information, software and documentation provided by NetManagement to third parties, the user must comply with the applicable provisions of national and international (re-) export control law. In any case, he must comply with the (re-) export control regulations of the Federal Republic of Germany, the European Union and the United States of America in such a transfer.

10.2. Before such disclosure, the user will in particular check and take suitable measures to ensure that

• He does not through such a transfer to third parties or through the provision of other economic resources in connection with information, software and documentation provided by NetManagement against an embargo of the European Union, the United States of America and / or the United Nations - also taking into account any restrictions for domestic transactions and any prohibition of circumvention - violates;
• Such information, software and documentation provided by NetManagement are not intended for a prohibited or licensing-related, armament-related, nuclear or weapon-related use, unless any necessary licenses have been obtained;
• The regulations of all relevant sanction lists of the European Union and the United States of America with regard to business dealings with companies, persons or organizations named there are complied with.

10.3. If required to carry out export control checks by authorities or by NetManagement, the user will immediately provide NetManagement with all information about the end recipient, the final destination and the intended use of the information, software and documentation provided by NetManagement as well as the export control restrictions applicable in this regard.

10.4. The user indemnifies NetManagement in full against all claims made by authorities or other third parties against NetManagement due to the user's failure to comply with the above export control obligations and undertakes to reimburse NetManagement for all damages and expenses incurred in this context, whether that be because, the user is not responsible for the breach of duty. This does not entail a reversal of the burden of proof.

10.5. The fulfillment of the contract on the part of NetManagement is subject to the condition that there are no obstacles to fulfillment due to national or international regulations of foreign trade law and no embargoes and / or other sanctions.

11. Subsidiary agreements, place of jurisdiction, applicable law

11.1. Subsidiary agreements must be made in writing.

11.2. If the user is a merchant within the meaning of the Commercial Code, the place of jurisdiction is Hamburg, Germany.

11.3. NetManagement GmbH operates and is responsible for the individual pages of the Hospitality Market website. The pages take into account the requirements of the respective country in which the responsible company is based. NetManagement assumes no responsibility for the fact that offers, contract documents, documents, information, software and / or documentation may be accessed or downloaded from the Hospitality Market website at locations outside the country in question. If users from locations outside the relevant country access the Hospitality Market website, they are solely responsible for compliance with the relevant regulations under the respective national law. Access to offers, contract documents, documents, information, software and / or documentation on the Hospitality Market website from countries in which this access is illegal is not permitted. In this case and if the user would like to enter into a business relationship with NetManagement, the user should contact NetManagement representatives in the respective country.

11.4. German law applies to the exclusion of the UN purchase law.