Terms of Use for the Websites of Fit Reisen GmbH

Terms of use for the websites of Fit Reisen GmbH, which includes the brand SpaDreams, and special conditions and notices for hotel/holiday reviews. The following regulates the terms of use for the websites of Fit Reisen GmbH. Furthermore, the conditions and notices for hotel/holiday/ship reviews, hotel/holiday/ship pictures, travel videos, forum posts, and other publications on the website are presented. All terms and conditions apply worldwide, regardless of the nationality of the user or the country from which the website is accessed.

The Fit Reisen GmbH, Ferdinand-Happ-Str. 28 in 60314 Frankfurt, Germany, operates websites that deal with travel information/content. Among others, it operates the websites www.fitreisen.de, www.spadreams.com, www.spadreams.nl, www.spadreams.pl, www.spadreams.it, www.spadreams.fr, www.spadreams.es, www.spadreams.se, www.yang-dao.com and www.spa-oteli.ru. These websites contain various information in words, pictures and sound. In particular, experience reports and vacation pictures of vacationers and hotel guests are published. Travel videos are also published, as are contributions from hotel operators in the form of pictures and hotel news. Each user can inform free of charge on the sides of the Fit Reisen GmbH and participate also by entering its own hotel/ship evaluation, by the delivery of a travel tip, by adjusting/uploading of vacation photos and/or travel videos and/or by writing a forum contribution. In addition, there is the possibility to commission the Fit Reisen GmbH with the procurement of tourist services (package tours, flights, hotel bookings, rental cars, cruises, vacation apartments, etc.) of various service providers/tour operators.

The user of the website must be at least 14 years old, when making a booking they must be at least 18 years old as a travel applicant and be fully legally competent. The user assures not to provide false or misleading information about himself or other persons and in particular not to register under a false identity. This does not apply to masks/forms relating to forums, in which a pseudonym may be used with regard to the name. The user undertakes not to post any content that:

• is intentionally or negligently untrue
• is insulting, threatening, coercive, defamatory, offensive, glorifies violence and/or pornographic
• is racist, inciting hatred, unconstitutional or/and otherwise punishable/illegal nature
• violates applicable law, in particular intellectual property rights of third parties e.g. copyright, trademark, patent, trademark or ancillary copyright, personal rights or property rights, which they are not entitled to pass on
• contain links or similar information/references or are likely to impair the functioning of third-party data processing equipment, in particular computers.

If a user violates these and/or the conditions for posting content/pictures/videos described below, in particular with regard to vacation/hotel reviews, Fit Reisen GmbH is entitled to add, change or remove content without notifying the user, in particular without giving reasons. Illegal contributions will be deleted immediately.

With the publication of content (such as hotel/ship reviews, travel tips, pictures, travel videos, forum posts) the user guarantees that they are the owner of all rights, in particular copyrights, to these. They transfer to Fit Reisen GmbH free of charge and irrevocably a temporally, factually and spatially unrestricted, transferable right of use for the use of the content in any form and in all media (in particular print, Internet, television, mobile telecommunications platforms). This includes in particular the right of reproduction, distribution and transmission as well as the right of public reproduction, the right of making available to the public, the broadcasting right and the right of reproduction by means of image and sound carriers. In particular, the user agrees to a transfer of these rights of use by Fit Reisen GmbH to third parties. The original context of use - hotel / ship rating / vacation pictures / travel tips / travel video - is always retained. If the user himself is not the owner of the rights to any of the content they have entered, they guarantee that they have effectively obtained all necessary transfers of rights, licenses, permits, consents and the like. In the event that the User breaches one or more of these warranties, the User shall indemnify and hold harmless Fit Reisen GmbH from and against any and all liability to third parties. Fit Reisen GmbH is also entitled to place advertisements and/or carry out other promotional measures in the environment of the publicly accessible content as well as using it. The user hereby expressly agrees to this. The user agrees that their pictures and also texts can be moved to other categories for a better overview and that the pictures can be compressed. The user agrees that also their other contents can be edited or deleted or translated into other languages by Fit Reisen GmbH up to a certain extent, under due protection of the copyright. The user is solely responsible for content provided by them (e.g. reports/pictures/videos).

Any attempt to interfere with the proper functioning of the websites of Fit Reisen GmbH is prohibited. In particular, it is prohibited to attempt to bypass security functions, make changes to computer systems, servers, routers or other devices connected to the Internet, gain unauthorized access to such or disrupt the functioning of these systems/devices in any way. The user further undertakes:

• to rate hotels / ships / places / other localities as accurately as possible to designate, in particular, in the case of hotel chains, the region / place and possibly name additions.
• Only then give a rating if they themself have taken advantage of the service to be rated, in particular in the hotel / ship in question spent his vacation.
• not to give a rating or post a picture if the user is an employee, owner or operator of the hotel / ship to be rated or in a similar way is connected with it, for example, is a family member of the aforementioned groups. The same applies to employees of the travel companies or shipping companies and their family members.
• No false and / or unobjective evaluations and / or false statements about hotels / ships, people present there, recreational opportunities and other conditions / events there to make, which could influence the decision of other holidaymakers.
• to give positive as well as negative reviews within the scope of freedom of opinion mainly for the purpose of giving other willing travelers/holidaymakers an opportunity to get a more meaningful/more objective/comprehensive picture regarding a hotel/ship and related circumstances. The same applies to the uploading of hotel/holiday/ship pictures.
• No disguised (e.g. as a report) and/or obvious advertising of goods, services and/or companies
• to make comments and reviews to the best of one's knowledge and belief
• not to refer to other persons by name
• neither to collect, use or publish personal data of other users nor their information, no matter in which way.

Hotel/ship ratings, vacation/hotel pictures, travel videos and content of related circumstances available on the websites of Fit Reisen GmbH are from third parties. It must be taken into account that a submitted rating merely reflects the opinion of the corresponding user and respective guest of the hotel/ship, and that these, as well as vacation pictures, are snapshots. If a longer period of time has passed since the time of a rating/picture, it should also be taken into consideration that the circumstances on site/at the hotel/on the ship may have changed. Furthermore, the quality of a rating may depend on how many ratings have already been given to the hotel/ship in question. A single picture can hardly convey a complete impression, captured motifs by their nature show only small fragments of the hotel/a facility/ship and its conditions. Also, the content of an evaluation depends very much on the age of the respective vacationer, their respective vacation destination (e.g., recreation, sports, celebration, adventure vacation, business trip), and whether traveling alone, as a couple, or in a group. For example, a group of young people may place little value on the family-friendliness of a resort or the peace and quiet there, a business traveler may find entertainment programs secondary, and a honeymooning couple may feel more comfortable in a hotel/ship where sufficient seclusion can be enjoyed. In addition, the nationality of the vacationer, frequency of vacations, and previous experiences in different countries may be important in some circumstances. It should generally be noted that each vacationer may understand something different about, for example, good service, cleanliness, quality/quantity of food, friendliness, size and other attributes of a hotel/facility/ship. Finally, when traveling to other cultural areas, it must be remembered that hotels there often have different standards than, for example, Central European ones.

The Fit Reisen GmbH does not guarantee the completeness, timeliness, accuracy or other quality of the information provided. This also applies to the travel checklist, the newsletter and the travel magazine. Fit Reisen GmbH offers this information merely as a guide for the user, even though it is compiled to the best of its knowledge and belief. The user must expect that this information may change at any time. Accordingly, the user should contact such offices that can guarantee the accuracy, completeness and timeliness of the information, such as embassies or tourist information offices. This applies in particular to health requirements such as vaccinations and travel documents such as passports and visas. Any information on the websites of Fit Reisen GmbH only applies to citizens of Germany anyway, if they are in possession of a passport issued by this state. The user is responsible for applying for and obtaining the necessary travel documents for the chosen travel country. Current information can be obtained from the respective embassies and consultations. The information on travel services, travel prices and taxes was provided to Fit Reisen GmbH by hotels. Therefore, Fit Reisen GmbH does not guarantee their accuracy, completeness, timeliness or other quality. Furthermore, it is pointed out that the publication of user content on the pages of Fit Reisen GmbH does not represent any statement or determination, evaluation or recommendation by Fit Reisen GmbH. In particular, this publication on the part of Fit Reisen GmbH or the retrieval of such and other content by the user does not constitute any information and/or advice. Each user agrees that they use these contents at their own risk. This applies in particular to his selection and / or recommendation of trips / hotels / ships and / or their booking, based on the content of a hotel / vacation report, picture and / or videos on the Fit Reisen GmbH websites. Fit Reisen GmbH does not guarantee the accuracy, completeness, timeliness or other quality of hotel/ship reviews, vacation/hotel pictures, videos and other content of related circumstances. This also applies to communication forums on the websites of Fit Reisen GmbH. The content published there is neither reviewed nor approved. It is a matter of public communication. Fit Reisen GmbH is not liable for this and does not adopt such content as its own. The Fit Reisen GmbH does not give any guarantee for contents, which result from the wrong allocation of hotels, ships, places and vacation countries. In the event of any incorrect assignment, please notify Fit Reisen GmbH immediately at info@fitreisen.de. The Fit Reisen GmbH reserves the right to make changes, additions or deletions to the information provided without prior or other notice. Furthermore, Fit Reisen GmbH does not guarantee the uninterrupted availability of content/data and information. Fit Reisen GmbH expressly reserves the right to block, change, supplement, delete or temporarily or permanently cease publication of parts of the pages, entire pages or the entire website without notice for a freely definable period of time. The user himself is responsible for ensuring that his computer system meets the specifications required for the use of the web pages of Fit Reisen GmbH. The web pages of Fit Reisen GmbH are optimized for Mozilla Firefox, Internet Explorer from version 06. Furthermore, Fit Reisen GmbH does not guarantee that the contents displayed on the web pages are free of viruses or/and other codes/data arrangements that may have a destructive or impairing effect. Furthermore, the user himself is responsible for protecting his data processing equipment in this respect. Liability claims against Fit Reisen GmbH relating to material or immaterial damage caused by the use or non-use of the web pages and the information provided or by the use of incorrect, incomplete or out-of-date information are excluded, unless such damage was caused by Fit Reisen GmbH intentionally or through gross negligence or in breach of fundamental contractual obligations. On the occasion of such damages, the Fit Reisen GmbH is also only liable for the direct and typically foreseeable damage.

The content/data published on the websites of Fit Reisen GmbH (e.g. software, products, brands such as logos, etc., information, reports, images, illustrations) are legally protected. Any kind of duplication, dissemination and other, in particular commercial exploitation, public reproduction, modification and/or deletion by users is prohibited. This also includes the integration and display of content/data on external websites via interlinks, deep links or frames. Consent to the exploitation/use on the part of Fit Reisen GmbH of self-created/compiled content/data may be requested at info@fitreisen.de. Only the making of a copy of content for personal, non-commercial/commercial use is permitted, provided that the origin remains clearly identifiable, for example by indicating the source. If you suspect that your property rights are being violated on or from the web pages of Fit Reisen GmbH, please inform us immediately at info@fitreisen.de so that a remedy can be found quickly. It is neither the real nor presumed will of Fit Reisen GmbH to instruct a lawyer in such a case with the dispatch of a more elaborate and for Fit Reisen GmbH costly warning.

The user agrees to indemnify Fit Reisen GmbH, also upon first request, from all claims of third parties, including reasonable or legally determined costs for legal prosecution, which are based on a non-contractual, abusive aThe user agrees to indemnify Fit Reisen GmbH, also upon first request, from all claims of third parties, including reasonable or legally determined costs for legal prosecution, which are based on a non-contractual, abusive and/or illegal use of the websites and their contents. The user shall support Fit Reisen GmbH in the defense against such claims, in particular by providing all information necessary for the defense. The user is obligated to compensate Fit Reisen GmbH for any damages incurred by the successful enforcement of such claims by third parties and/or illegal use of the websites and their contents. The user shall support Fit Reisen GmbH in the defense against such claims, in particular by providing all information necessary for the defense. The user is obligated to compensate Fit Reisen GmbH for any damages incurred by the successful enforcement of such claims by third parties.

Data protection is an important issue for Fit Reisen GmbH. Any personal data provided by the user via the website of Fit Reisen GmbH will be used in accordance with the applicable data protection regulations and our privacy policy. The current privacy policy can be found at https://www.spadreams.com/service/privacy-policy/.

The Fit Reisen GmbH reserves the right to change / amend or renew these terms and conditions with effect for the future, without any obligation to notify the user. On the pages of Fit Reisen GmbH, the current version will be kept available from the time of validity. By continuing to use the websites, the user declares his or her agreement to the changes.

The substantive law of Germany shall apply insofar as this does not conflict with any international mandatory statutory provisions, international conventions and, in particular, international mandatory consumer protection provisions. The place of jurisdiction for fully qualified merchants, for persons who do not have a general place of jurisdiction in Germany, as well as for persons who have moved their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence is not known at the time the action is filed, as well as for passive litigation, is the registered office of Fit Reisen GmbH. This does not apply if international conventions or consumer protection regulations internationally mandatory provide otherwise.

If parts of this text do not, no longer or not completely comply with the applicable legal situation, the remaining parts shall remain unaffected in their content and validity and the invalid part shall be deemed to be replaced by such a part that comes closest economically to the meaning and purpose of the invalid part or the intention of the parties in a legally effective manner.