SpaDreams is the international branch of FIT Gesellschaft für gesundes Reisen mbH.
I. Content of the online offers
FIT Gesellschaft für gesundes Reisen mbH, Ferdinand-Happ-Str. 28 in 60314 Frankfurt operates websites that contain travel information. FIT Gesellschaft für gesundes Reisen mbH operates the websites www.fitreisen.de, www.spadreams.com, www.spadreams.nl, www.spadreams.pl, www.spadreams.it, www.spadreams.fr and www.spa-oteli.ru, amongst others. These websites contain information in the form of words, images and audio. In particular, opinions and photographs from hotel guests and their holidays are published. Travel videos are also published as well as contributions from hotel operators in the form of images and hotel news.
Every user can use the websites belonging to FIT Gesellschaft für gesundes Reisen mbH for free, to inform themselves and participate by sharing their own hotel/ship reviews, travel tips and holidays photos and videos, or by writing forum posts. Additionally, it is possible to book various tourist services (holiday packages, flights, hotels, rental cars, cruises, holiday apartments etc.) with various tour operators via FIT Gesellschaft für gesundes Reisen mbH.
II. User duties/obligations
1. General conditions
Website users must be at least 14 years old, and users must be at least 18 years old and have full legal capacity to make a booking. The user must ensure that they or other people do not give any false or misleading information, and that they do not book under a false identity. This does not apply to forms that allow pseudonyms to be used. The user must not post any content that:
• is intentionally or negligently untrue.
• is insulting, threatening, necessary forming, defamatory, offensive, promoting violence and/or of a pornographic nature.
• is racist, baiting, anti-constitutional and/or of a criminal/illegal nature.
• infringes the law, in particular protection rights of third parties e.g. copyright, brand, patent, trademark or neighbouring rights, privacy rights or intellectual property rights that they do not have the right to.
• contains links or similar references that contain or are suitable for external data processing systems, particularly those affecting computers.
If a user violates these conditions and/or the conditions below when posting content/images/videos, in particular with regards to holiday/hotel reviews, FIT Gesellschaft für gesundes Reisen mbH has the right to amend, alter or delete their post without providing a reason and without informing the user. Unlawful posts will immediately be deleted.
2. Granting of rights
By publishing content (e.g. hotel/ship reviews, travel tips, images, holiday videos, forum posts), the user is guaranteeing that they have the rights, in particular the copyright, to this content. The user irrevocably transfers the rights to use of this content in any form and in any media (print, internet, TV, mobile telecommunication platforms) to FIT Gesellschaft für gesundes Reisen mbH free of charge, without geographical or objective restrictions, and without limitation to a period of time. This includes rights to reproduction, distribution and transmission, as well as the right to broadcasting and communication to the public, the right to provide public access and the right to reproduce pictorial and audio recordings. The user agrees to a transferral of their rights by FIT Gesellschaft für gesundes Reisen mbH to third parties. The original content - hotel/ship review/holiday picture/travel tip/holiday video - remains preserved. If the user themselves does not own the right to content they have submitted, they guarantee that they transfer all required rights, licenses, concessions, consents and rights to this effect. If the user violates one or more of these guarantees, FIT Gesellschaft für gesundes Reisen mbH is free from any liability towards third parties and takes no responsibility for this violation. FIT Gesellschaft für gesundes Reisen mbH also has the right to use content that has been made public in their adverts, advertising campaigns and/or other promotional material. The user hereby explicitly declares to agree. The user declares to agree that their images can be compressed and that the rubric of their texts and images can be changed for clarity. The user declares to agree that, for the purpose of safeguarding of moral rights, the rest of their content can be edited, deleted or translated into other languages. The user alone is responsible for their use of content at their disposal (e.g. reports/images/videos).
3. Further specific conditions for hotel/holiday/ship reviews and the use of holiday photos and videos
Any attempt to disrupt the correct function of the FIT Gesellschaft für gesundes Reisen mbH websites is prohibited. In particular, it is prohibited to attempt to evade safety functions in order to gain unauthorised access to, or in any way disrupt, computer servers, routers or other devices connected to the internet. The user is obliged:
• to describe the hotels/ships/places as accurately as possible in their reviews; in particular, to provide the hotel chain/region/location and any name affixes.
•to only submit a review if they themselves have undertaken the services they are reviewing; in particular, only submit a review of a hotel/ship that they have stayed in/on
• not to submit reviews or images of hotels/ships that they are the owner of or are in any way connected to e.g. a family member of the named group. This also applies to employees of travel and/or ship organisations.
• not to submit false or subjective reviews and/or statements about hotels/ships, people who were there, leisure time activities, and other conditions/events that could influence the opinions of other users
• to post both positive and negative reviews in accordance with freedom of speech for the purpose of giving other users a meaningful/objective/comprehensive overview of a hotel/ship. This also applies to uploading images of hotels/holidays/ships.
• not to post obvious or disgusted (e.g. as a report) advertisements for goods, services and/or companies
• to write comments and reviews that reflect their best knowledge and beliefs
• not to refer to other people by name
• not to collect personal data or other information concerning other users to use or to publish.
III. Handling of holiday/hotel/ship reviews, and images and videos of hotels, and similar content
Hotel/ship reviews, images of holidays/hotels, travel videos and other conditions relating to the contents published on the websites belonging to FIT Gesellschaft für gesundes Reisen mbH originate from third parties. It must be considered that these reviews only reproduce the opinions of the respective users and individual hotel guests, and holiday photographs only reveal snapshots. It is possible that the conditions at the hotel/place/ship may have changed since the review was posted. Therefore the quality of one review depends on how many reviews there are of this particular hotel/ship. A single image can rarely give a comprehensive impression and fragments, by nature, only reveal singular aspects of a hotel/location/ship and their conditions. Additionally, the content of a review will vary dependent on individual characteristics of the user who submitted the view (e.g. age, holiday goals, whether they travelled alone or in a group, previous experiences, nationality, familiarity with this resort). It should be taken into consideration that each guest will have different expectations regarding aspects such as service, cleanliness, quality, food quality, friendless, size etc. When travelling to hotels in other countries, it is also important to remember that hotels there may have different standards.
FIT Gesellschaft für gesundes Reisen mbH cannot guarantee that the information posted is complete, current, correct or of a high quality. This also applies to the travel checklist, the newsletter and travel magazine. FIT Gesellschaft für gesundes Reisen mbH offers this information only as a guide for the user, even though this information is compiled according to the best knowledge and beliefs of FIT Gesellschaft für gesundes Reisen mbH. The user must be aware that this information could change at any time. For this reason, the user should seek information from sources which can guarantee complete, accurate and up to date information, specific to the user's nationality. e.g. embassies or tourist information offices. This is particularly important with regards to health regulations e.g. injections, and with regards to travel documents e.g. passports and visas. The user is responsible for acquiring the appropriate travel documents. Up to date information can be obtained from the respective embassies and consulates. The information provided by FIT Gesellschaft für gesundes Reisen mbH regarding hotel partners/service providers was given to FIT Gesellschaft für gesundes Reisen mbH by the respective hotel partners/service providers. Therefore FIT Gesellschaft für gesundes Reisen cannot guarantee that the information provided is complete, accurate or up to date. Furthermore user provided content published on FIT Gesellschaft für gesundes Reisen websites is not an expression, ascertainment, review or recommendation representing the views of FIT Gesellschaft für gesundes Reisen mbH. In particular, user provided content published on FIT Gesellschaft für gesundes Reisen websites cannot be taken as information or advice from FIT Gesellschaft für gesundes Reisen. Every user hereby declares that they use this information at their own risk. This particularly applies to users who base their choice, recommendation and/or booking on content of a hotel/holiday report, photographs and/or video. FIT Gesellschaft für gesundes Reisen cannot guarantee that hotel/ship reviews, holiday/hotel photographs, videos and other related content are complete, accurate or up to date. This also applies to communication forums on the FIT Gesellschaft für gesundes Reisen websites. The content posted there is neither proofed nor moderated. It is a platform for public communication. FIT Gesellschaft für gesundes Reisen is not liable for this content and does not own this content. FIT Gesellschaft für gesundes Reisen is not responsible for content that has arisen from false information on hotels, ships, locations and countries. Please inform FIT Gesellschaft für gesundes Reisen of any false information by emailing firstname.lastname@example.org. FIT Gesellschaft für gesundes Reisen mbH reserves the right to edit, complete or delete the published information without prior notice. Furthermore, FIT Gesellschaft für gesundes Reisen mbH is not responsible for providing continuous information, data and content. FIT Gesellschaft für gesundes Reisen mbH reserves the right to change parts of the website, entire webpages or the entire website without notice, and to lock, edit, complete or delete published content for a freely determined period of time or permanently. The user is responsible for ensuring that their computer system has the necessary specifications to use the FIT Gesellschaft für gesundes Reisen mbH websites. The FIT Gesellschaft für gesundes Reisen mbH websites are optimised for Mozilla Firefox and Internet Explorer from version 06. Additionally, FIT Gesellschaft für gesundes Reisen mbH takes no responsibility for keeping content posted on the website free from viruses and/or other codes/data that could have a destructive or impairing effect. The user is therefore responsible for the protection of their own data processing equipment. Liability claims against FIT Gesellschaft für gesundes Reisen mbH concerning damage to property of either a material or immaterial nature through the use or non-use of the websites and the information presented there or through the use of false, incomplete or out of date information, are excluded, unless these damages were intentionally caused by der FIT Gesellschaft für gesundes Reisen mbH or by gross negligence or breach of contract on the part of FIT Gesellschaft für gesundes Reisen mbH. If such damages occur FIT Gesellschaft für gesundes Reisen mbH is only liable for immediate and typically foreseeable damages.
V. Trademarks and copyright
The content/data published on the FIT Gesellschaft für gesundes Reisen mbH websites (e.g. software, products, brands such as logos etc. information, reports, images, illustrations) is legally protected. Any type of change, deleting, reproduction, distribution and other, particularly commercial exploitation, of this material by the user is prohibited. This includes the integration and inclusion of external websites through Interlinks, Deep Links or Frames. To obtain consent for the use of content/data belonging to FIT Gesellschaft für gesundes Reisen mbH please contact email@example.com. Creating a copy of this content for personal/non-commercial/commercial use is permitted, provided that the original is clearly credited, e.g. by providing a source. If you suspect that the FIT Gesellschaft für gesundes Reisen mbH websites have violated your rights, please contact firstname.lastname@example.org immediately so that corrective actions can be taken. It is neither the real nor presumed will of FIT Gesellschaft für gesundes Reisen mbH to involve an attorney in such cases.
The user is obliged to cover all reasonable or law regulated costs arising from a prosecution against FIT Gesellschaft für gesundes Reisen mbH from all third parties, that are incurred by the user's breach of contract or misuse/ illegal use of the website and its content. The user will support FIT Gesellschaft für gesundes Reisen mbH in defence of such claims, in particular by providing all information necessary for the defence. The user must pay compensation for damages to FIT Gesellschaft für gesundes Reisen mbH if a successful claim is made by a third party.
VII. Data Protection
IX. Applicable Law / Jurisdiction
For traders, people who have no general jurisdiction in Germany, those who transferred their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence at the time of action is not known, as well as for passive processes, the place of jurisdiction will be the headquarters of FIT Gesellschaft für gesundes Reisen mbH. This does not apply if international agreement or international consumer protection provide otherwise out of necessity.
X. Safe guarding clause
If parts of this text are not, no longer or not completely legally correct, the remaining parts remain unaffected in their content and validity and the invalid part shall be replaced by such a one that the meaning and purpose of the invalid part or the parties' intentions are expressed in a legally effective manner.