Términos y condiciones
Porta Holiday is a service provided by Porta Mondial GmbH, Theresienstrasse 21, D-80333 Munich, Germany (hereinafter referred to as "Porta Holiday"), which enables its users to search for and compare tourist accommodation such as holiday flats, holiday homes and other related services provided by third party suppliers and to enquire about or book such accommodation directly with the third party supplier.
Porta Holiday handles the rental service through its sales partner Holidu.
1. Scope of application, contract language
1.1. These General Terms and Conditions of Business and Use ("GTC") shall apply to all services which Porta Holiday/ Holidu makes available to the user directly or indirectly, via the Internet, by e-mail or by telephone, irrespective of the terminal device (e.g. PC, mobile phone) and via which of the associated domains (www.portaholiday.com/de/es etc.) the user accesses Porta Holiday 's/ Holidu services.
1.2. The GTC apply exclusively; pre-formulated terms and conditions of the user, which deviate from these GTC, shall not become part of the contract, even if they are known, unless Porta Holiday expressly agrees to their validity in writing.
1.3. These GTC shall apply independently of the provisions, regulations and terms and conditions which the respective third party provider may base the contractual relationship with the user on. It is the sole responsibility of the user to save or otherwise secure for his own purposes the provisions, regulations and terms and conditions of the third party provider or the external portal through which he may make the booking. Porta Holiday / Holidu has no influence on the provisions, regulations and terms and conditions of the third party provider.
1.4. The contractual language is English.
2. Subject matter of the contract, scope of services
2.1.1. Porta Holiday does not charge the user for the use of the website.
2.1.2. Porta Holiday provides its service exclusively to non-commercial users for personal use. In particular, the user is not entitled to modify, copy, distribute, transfer, assign, sell, exploit, exhibit, publicly perform, reproduce, publish, license or alter any information, software, products or services that can be accessed or viewed via the website.
2.2. Use of the Website as an information, search and comparison portal
2.2.1. The User has the possibility to search for accommodation and services of third-party providers on the Website on the basis of self-selected parameters and to call up more detailed information on the accommodation selected by him/her, in particular on features such as equipment, location, exterior view, customer rating, price, availability, etc. The User may use the Website as an information, search and comparison portal. The user can compare the accommodation he/she has selected. Services selected by the user can, if necessary, be requested and/or booked directly with the third party provider after being forwarded to external websites of the third party provider. In such cases, Porta Holiday shall technically forward the information transmitted by the user to the external site.
2.2.2. Porta Holiday / Holidu is not involved in the booking of the user with the respective third party provider, therefore a storage of the respective contract text by Holidu does not take place. All users are expressly recommended to ensure that the booking information and contract texts of the respective third-party provider are stored permanently on their own responsibility and in good time.
2.2.3. The Porta Holiday team will be happy to assist the user with the use of the search function by telephone or e-mail. However, the customer does not have a corresponding claim to this.
2.3. Referral to Third Party Providers
2.3.1. By completing and submitting the booking form on the Porta Holiday website, the user authorises Porta Holiday / Holidu to mediate an accommodation, travel or other service to be provided by a third party supplier. Porta Holiday does not offer the services in its own name, but in the name and for the account of the respective third party supplier.
2.3.2. After selecting a service and, if applicable, additional options (e.g. extra bed), the user is requested to enter his/her personal data, in particular name and e-mail address. After selecting a payment method accepted by the third-party provider, the customer submits a binding contractual offer to the third-party provider named on the overview page by pressing the button "book with obligation to pay". Until the booking form is sent, the user can correct his selection or the data entered or cancel the process entirely by means of the usual functions of the terminal device or browser used by him (e.g. "Back function"). If the user presses the button, Porta Holiday / Holidu shall forward the user's booking request to the third party supplier and shall immediately confirm the successful transmission of the booking request to the third party supplier to the user by e-mail. This confirmation email does not yet lead to the conclusion of a contract between the user and the third party supplier. The third-party provider issues corresponding declarations of acceptance or rejection separately and directly to the user.
2.3.3. The user is requested to carefully complete the mandatory fields in the booking form (in particular personal details, contact details such as e-mail address, payment details). Incorrect information can lead to errors in the brokerage contract or the contract with the third-party provider, for which the user is then responsible.
2.3.4. The text of the contract and booking data are stored by Porta Holiday / Holidu for a limited period of time for the purpose of processing the brokerage relationship, but cannot be accessed by the User via the Internet. The User is advised to ensure that the booking data and the text of the contract are stored permanently.
2.3.5. If Porta Holiday / Holidu mediates the booking of an accommodation, a travel or another service, a contract is exclusively concluded between the third party supplier and the user. Porta Holiday / Holidu shall not become part of this contractual relationship and shall not itself provide any accommodation, travel or transport services to the user. The third party provider shall be solely responsible to the user for the proper performance of a mediated service, regardless of its legal nature. All rights in connection with the booking made by the user are to be asserted directly against the third party supplier as the contractual partner and not against Porta Holiday / Holidu. This also applies to any legal rights or rights voluntarily granted by the third party supplier, such as rights of cancellation or withdrawal or other declarations concerning the contractual relationship or the service relationship between the user and the third party supplier (e.g. notifications of defects).
2.3.6. As far as Porta Holiday / Holidu has not assumed a corresponding contractual obligation by explicit agreement with the user, Porta Holiday / Holidu does not guarantee for the conclusion of the contract with the third party supplier indicated by the user in the booking request.
3. Notes on the terms of payment
Payment for the mediated services can be made in any manner accepted by the third-party provider. The individual terms of payment (e.g. any fees to be borne by the user for the selection of certain means of payment, any down payment due, due dates, etc.) are displayed to the user in the booking process on the website. Depending on the selected service, the collection of payment is carried out by the respective third party provider or a service provider used by the third party provider for the collection of receivables.
4. granting of rights of use, exemption
4.1. The exclusive rights of use for the Website and the protected content (e.g. photos, graphics, descriptions) accessible via the Website are held by Porta Holiday / Holidu, Holidu's cooperation partners and, if applicable, the third party providers. The user is expressly prohibited from adopting the website - either in whole or in part by way of adopting texts, graphics or the design.
4.2. In deviation from paragraph 1, the user is authorised to download, display and print out individual pages of the website exclusively for personal purposes (e.g. documentation of the third party provider's details/proof). In this case, the user is obliged to indicate the source (www.portaholiday.com/de/es etc.) in the file or printout by means of an easily understandable, clearly legible and firmly attached notice.
4.3. The User shall not provide any information, data and content (such as images, texts) via the website that violate the rights of third parties - such as rights to names, copyrights and trademarks - or violate existing laws.
4.4. The user already now indemnifies Porta Holiday / Holidu from all claims of third parties, especially from claims due to copyright and trademark infringements, which should be raised against Porta Holiday / Holidu in connection with the exercise of the contractual rights, upon first request. The user has to inform Porta Holiday / Holidu immediately about any infringements of the contractual rights. Porta Holiday / Holidu shall be entitled to take appropriate measures to defend itself against claims by third parties or to pursue its rights. The indemnification also includes the reimbursement of costs which Porta Holiday / Holidu incurs or has incurred through legal prosecution/defence.
5.1. The User shall use the Website solely for personal, non-commercial use and, in particular, shall not use any programs or functions to automatically generate page views or content on the Website or to automatically copy content from the Website.
5.2. Furthermore, the user shall not provide any content or information on the website which
- constitute advertising disguised as a review
- is unobjective, discriminatory or intentionally untrue;
- is unrelated to any accommodation or service on the Website;
- are immoral, offensive or pornographic;
- contain viruses, Trojan horses or other malicious software,
- are commercial in nature and constitute an unreasonable nuisance to other users (e.g. in the form of chain letters, surveys, SPAM).
6. Guidelines for comments and ratings
These guidelines apply to any type of content (including text, images, video and links) that you upload to Porta Holiday / Holidu.
6.1. Helping others. Feedback is a help to our customers. Therefore, uploaded content should be relevant and based on your true and honest opinion.
6.2. Respect others. You should not upload bad or inappropriate content. Also, you should not violate other people's privacy with the uploaded content. You should not impersonate any other person or organisation.
6.3. Promotions and commercial requests. Any form of advertising is not allowed.
6.4. Illegal activities. Do not upload content that encourages or supports illegal behaviour.
6.5. Disclaimer. The opinions expressed are those of Porta Holiday / Holidus customers and not of Porta Holiday / Holidu. Porta Holiday / Holidu accepts no responsibility or liability for any reviews or responses. Porta Holiday / Holidu is a distributor (with no obligation to review) and not a publisher of the content.
6.6. rights to delete the contributions. Contributions may be deleted by contacting firstname.lastname@example.org.
7. Correspondence and communication
When you complete a booking through Porta Holiday / Holidu, you agree to receive an email after your stay asking for your review of the holiday home.
- Warning of the user;
- Deletion of offers or other content of the user;
- Restricting the user's use of the website;
- exclusion of the user - temporarily or permanently - from the use of the website (blocking).
9. Rebooking, Cancellation
9.1. The possibilities for rebooking and cancellation of already bindingly booked accommodation and services as well as any costs incurred in this respect can be found in the contract documents or terms and conditions of the respective third party provider. Porta Holiday / Holidu has no influence on the terms and conditions of the third party suppliers.
9.2. Porta Holiday / Holidu is not obliged to accept cancellation or rebooking requests or other declarations which are to be made to the third party supplier as the contractual partner. In order not to jeopardise timely delivery, users should send such declarations directly to the third party supplier.
10. Data protection
Data protection is subject to the regulations of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). The separate data protection regulations apply, which can be viewed on the website at https://www.portaholiday.com/data-protection.html.
11. Warranty, limitation of actions, liability
11.1. The user shall notify Porta Holiday / Holidu of any deficiencies in the mediation service within one month. As far as reasonable, Porta Holiday / Holidu shall be given the opportunity to remedy the situation. The period shall commence from the contractually agreed end of the mediated service, but not before the user has become aware of the circumstances giving rise to the claims against Porta Holiday / Holidu.
The customer is requested to note that Porta Holiday / Holidu is not entitled or obliged to accept notices of defects if these relate to the performance of the contract by the third party supplier. Corresponding notifications of defects or complaints are to be asserted directly against the third party provider or its contact persons on site and are subject to their own legal or contractual provisions, if applicable.
11.2. Claims of the user against Porta Holiday / Holidu arising from the brokerage contract are subject to a limitation period of one year, notwithstanding § 195 BGB (German Civil Code), unless the damage is based on injury to life, body or health, or such damage is based on a grossly negligent breach of duty by the broker Porta Holiday / Holidu or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Porta Holiday /Holidu. The limitation period shall commence at the end of the year in which the claim arose and the customer became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence.
11.3. All further claims of the user against Porta Holiday / Holidu for damages are excluded. Excluded from the exclusion are claims for damages by the user arising from injury to life, body, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Porta Holiday / Holidu or its vicarious agents. Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.
11.4. In the event of a breach of essential contractual obligations, Porta Holiday / Holidu shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the user's claims for damages are based on injury to life, limb or health.
11.5. The liability of Porta Holiday / Holidu according to the Product Liability Act and according to other legally binding liability regulations shall remain unaffected by the above limitations and exclusions of liability.
11.6. Insofar as the liability of Porta Holiday / Holidu is excluded or limited, this shall also apply to the liability of Porta Holiday / Holidu's employees, representatives and vicarious agents.
11.7. The pictures, maps and position data displayed on the website are only for orientation purposes regarding the local position of the respective accommodation. Only the information provided during the booking process on the website of the third party provider or on and in the corresponding booking confirmations of the third party provider shall be authoritative for the content of the contract.
12. Final provisions, place of jurisdiction
12.1. All legal relations between Porta Holiday / Holidu and the user arising from the contract of use are exclusively subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, sentence 1 shall only apply insofar as the choice of law does not undermine the protection of mandatory legal provisions of the state in which the user has his habitual residence.
12.2. Should individual provisions be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions. For consumer disputes with us, Porta Mondial / Porta Holiday / Holidu GmbH, the online arbitration consumer dispute resolution service is responsible. The dispute resolution body Zentrum für Europäischen Verbraucherschutz e.V. has its registered office here: Bahnhofsplatz 3, 77694 Kehl the website can be found at: www.online-schlichter.de
Porta Holiday Central
Tel. (ES) +34 871 18 38 37