General Terms and Conditions

Poland Exclusive UG (with limited liability)

 

Scope of business: promotion and web positioning of luxury hotels and restaurants in Poland.

 

§ 1 Poland Exclusive UG (with limited liability) and the scope of application of the General Terms and Conditions

 

Poland Exclusive UG (with limited liability) is owned by Mr Konrad Taube, address: Am Langenbruchbach 14,40668 Meerbusch telephone: 02150 96 41 699, e-mail: info@polandexclusive.com. The General Terms and Conditions herein govern the relations between website users and Poland Exclusibe UG (with limited liability). The relations between the client and future contractual partners are subject to other contractual provisions for which Poland Exclusive UG (with limited liability) is not liable. Any other commercial terms and conditions shall be deemed to apply if explicitly accepted by Poland Exclusive UG (with limited liability).


§ 2 Scope of business of Poland Exclusive UG (with limited liability)


Poland Exclusive UG (with limited liability) gives website users an opportunity to acquire information about offers. If interested, website users via the website of Poland Exclusive UG (with limited liability) can contact providers of services, goods, etc.  Poland Exclusive UG (with limited liability) is not a tour operator and does not provide stockbroking or consulting services. Poland Exclusive UG (with limited liability) makes available on its website information on the range of services of future contractual partners. Information from third parties is not verified by Poland Exclusive UG (with limited liability) with regard to its completeness, accuracy, and validity. If the website of Poland Exclusive UG (with limited liability) is hyperlinked to any other websites, Poland Exclusive UG (with limited liability) has no knowledge about nor controls their contents. Poland Exclusive UG (with limited liability) is not a party to any contract between website users and their future commercial partners. The idea is to encourage website users to make an offer for the service or goods providers or to contact them.

 

§ 3 Website use

  1. The website is an online sales market.
  2. The website of Poland Exclusive UG (with limited liability) provides, among other things, information on the offers of individual service or goods providers and on the services and goods themselves.
  3. If interested, users have the possibility to contact service or goods providers. A special form available on the website should be used for this purpose. Having received a completed form, service or goods providers will contact users. This is the extent and limit of the offer provided by Poland Exclusive UG (with limited liability). In particular, the availability and modalities of the contract between website users and service or goods providers are subject to negotiations.
  4. Any contractual relation connected with the brokered service exists in each case only between the client and his Polish contractual partner. The activity of Poland Exclusive UG (with limited liability) is limited to transmitting the client’s clarifications and explanations. Poland Exclusive checks neither the offer nor its acceptance. No consultancy services or explanations are given to the client by Poland Exclusive UG (with limited liability) with regard to the tourist services available on the website nor is Poland Exclusive UG (with limited liability) in any way involved in the performance of the brokered contract.

 

§ 4 Brokerage commission


Brokerage services for the client are provided by Poland Exclusive UG (with limited liability) free of charge.


§ 5 Personal Data Protection


All the personal data acquired by Poland Exclusive UG (with limited liability) in relation to the present contract shall be stored and used only in connection with its performance and implementation and shall be processed in accordance with the regulations of the Personal Data Protection Act. If Poland Exclusive UG (with limited liability) transfers any personal data of the client to a contractual partner, such transfer shall be limited to the extent necessary to sign a given contract.

 

§ 6 Third Party Liability


Pursuant to statutory regulations, Poland Exclusive UG (with limited liability) is liable for intentional or gross negligence of its representatives and assistants. The liability shall also apply in case of life risks or bodily and health damage. In any other case Poland Exclusive UG (with limited liability) shall be liable only as provided for under the Product Liability Act,  for damages resulting from intentional breach of essential contractual terms or when defects or faults are deceitfully concealed or when the quality warranty for the services or goods provided is taken over. However, the compensation in case of a breach of essential contractual obligations is limited to the typical contractual, foreseeable damage, provided none of the other listed cases occurs at the same time. The regulations herein apply to all compensation claims (most notably to compensation additionally to service and compensation instead of service) and on whatever legal grounds, in particular, however, resulting from faults or defects, breach of accepted obligations, or a prohibited act. They also apply to compensation claims in the event of futile expenditure. No change in the burden of proof to the detriment of the client is connected with the above provisions. Poland Exclusive UG (with limited liability) is not liable before the client for the completeness, accuracy, and validity of the information made available on the website. Poland Exclusive UG (with limited liability) is not liable for damages resulting from an Act of God, riots, military operations, natural disasters or any other events for which the company is not to blame (including strike, lockout, communication difficulties, act of domestic and foreign governmental authorities).

 

§ 7 No transfer


Transfer of any rights under the agency relation to third parties is not allowed without a prior written approval of Poland Exclusive UG (with limited liability). The same applies to claims pursued in court by third parties on their own behalf.

 

§ 8 Written form


All and any spoken arrangements are ineffective.

 

§ 9 Set-off


The client can set off only claims which are undisputed and have been declared legally effective.

 

§ 10 Application


Only the General Terms and Conditions herein shall apply. The General Terms and Conditions of our contractual partners apply only if explicitly accepted by Poland Exclusive UG (with limited liability).

 

§ 11 Territorial Jurisdiction


If a contractual party is seated outside of the Federal Republic of Germany, the seat of Poland Exclusive UG (with limited liability) shall have the non-exclusive jurisdiction. This does not affect the exclusive jurisdiction for example for any payment order proceedings.

 

§ 12 Governing Law


The legal relations between the parties shall be governed, construed and interpreted in accordance with the laws of Germany.

 

§ 13 Change to the General Terms and Conditions


Poland Exclusive UG (with limited liability) has the right to change the General Terms and Conditions at any time. The client shall be notified thereof in writing or via e-mail if such a form gives the client the possibility to store changes in a legible way or print them. Changes shall be deemed accepted if the client fails to raise an objection in writing or via e-mail within six weeks of being notified thereof. Client shall be made aware of the consequence by Poland Exclusive UG (with limited liability) upon notification of any such change.

 

§ 14 Severability Clause


If any of the provisions of the General Terms and Conditions are found invalid, this shall not affect the validity of the other provisions. This does not apply to situations when further adherence to the contract would involve a disproportionately gross inconvenience for one of the contractual parties.