terms and conditions newworkation.com | wlt GmbH
1 Scope of application
1.1 The following terms and conditions exclusively govern the contractual relationship between the ‘user’ (person interested in booking Workation) of wlt GmbH (hereinafter referred to as ‘wlt GmbH’) and the ‘service provider’ (Workation host/organizer) with regard to the brokerage of Workation offers. The General Terms and Conditions of wlt GmbH also apply if the use, access or booking takes place outside the Federal Republic of Germany, irrespective of the nationality of the user and/or service provider.
1.2 The offers presented by wlt GmbH on newworkation.com or via (advertising) spaces of third parties are exemplary as an offer orientation. The actual final bookable offers are only ever sent out after an active inquiry. In particular, the offers visible on newworkation.com are therefore not legally binding. The duty of care for the correctness of the offers sent in turn lies with the respective service provider. The service provider also has the duty and responsibility to check the right of use, especially for images and texts provided, and to release them for use by wlt GmbH. The service provider is liable to third parties for the image rights – not wlt GmbH. Accordingly, each offer presented is always approved by the respective service provider.
1.3 The following conditions apply specifically to the offered product categories “MY – WORKATION” (simply request and book your own workation quickly) & “NET – WORKATION” (share workation with others and simply put on a waiting list). Different conditions for individual product categories are explicitly stated in the ongoing conditions. In particular, the special right to cancel by wlt GmbH and/or the service provider for “NET – WORKATION” bookings (see 6.3) must be observed.
2. content of the contract
2.1 wlt GmbH acts exclusively as an agent for Workation offers within the scope of its activities. The contractual obligation of wlt GmbH is the proper mediation of this service. The provision of the booked service as such is not part of wlt GmbH’s obligations. wlt GmbH is not obliged to check the information provided by the service providers.
2.2 Service providers are all companies whose products or services are sold to the client or brokered to the client by an agent (wlt GmbH).
2.3 When a booking is made by the user, a contractual relationship arises with the service provider which is not regulated in the General Terms and Conditions of wlt GmbH. wlt GmbH expressly points out to all participants and users that the contract is not concluded with wlt GmbH, but always with the respective service provider specified, taking into account the General Terms and Conditions of the respective service provider. Please note that the service provider may have its own terms and conditions (for delivery/use) as well as terms and conditions for the use, access and execution of the Workation booking (which may include certain exclusion clauses and limitations of liability). Their General Terms and Conditions are displayed before a Workation booking is made and become part of the contract between the User and the Service Provider when a booking is made. By completing the booking, the user confirms that they have read, understood and accepted the General Terms and Conditions. Within the scope of the services offered, the user is obliged to inform himself about the consequences of concluding a contract with the respective service provider.
3 Conclusion of contract
3.1 A user’s order to wlt GmbH to book a Workation offer with a service provider can be made by telephone or via the online service www.newworkation.com. With this registration, the user makes a binding offer to wlt GmbH to conclude a service brokerage contract. The unconditional acceptance of this placement order by wlt GmbH results in the conclusion of a placement contract between the user and wlt GmbH. Acceptance of the placement order by wlt GmbH can be made by e-mail and/or by submitting a request via a corresponding form. The contractual agreements and the General Terms and Conditions listed here apply to all service recipients.
3.2 There is no legal entitlement to acceptance of the user’s placement order by wlt GmbH. Furthermore, wlt GmbH has no influence on whether the respective service provider accepts the user’s contractual offer. The offers presented on the wlt GmbH website at newworkation.com are not binding contractual offers. Special requests will be forwarded by wlt GmbH to the respective service provider for review, who will inform the user of any acceptance of the special request.
3.3 In order to continuously improve the services of wlt GmbH, in particular to provide up-to-date information on the booked workation offer, to ensure secure and reliable payment processing, in particular to verify the personal data entered (identity check) and to protect against credit card fraud (credit card fraud prevention), the user can be contacted by wlt GmbH using the contact details provided.
3.4 wlt GmbH uses the data provided as part of a booking solely for the purpose of processing the booked services. The user instructs wlt GmbH to forward their inquiry directly to the relevant potential service recipients using a unique customer number and only uses or transmits customer-related data such as email address, surname, address and telephone number to the service recipient after a successful down payment has been made. Each service recipient, i.e. partner of wlt GmbH, is assigned a unique individual partner number.
3.5 Service providers indirectly pay a commission (a small percentage of the product price (e.g. workation offer)) to wlt GmbH. The commission is already included in the stated price of a Workation offer and is paid as a deposit (reservation fee) by the respective booking user. This commission is already included in the gross price of the Workation offer. wlt GmbH with its platform newworkation.com has set itself the task of supporting and helping to develop a successful workation economy in the long term and sustainably. To achieve this, however, it is necessary that we also finance ourselves sustainably. Therefore, the wlt GmbH commission of 10% serves to cover our costs and to continue to grow. The amount is used to expand the platform, finance our team, advise and actively develop our workation partners (workation service providers & employers who support workation models) and marketing measures to make other people interested in workation aware of our offer.
4 Liability of wlt GmbH as an intermediary / limitations of liability
4.1 Information about brokered services is based exclusively on the information provided to wlt GmbH by the responsible service providers. They do not constitute any information or assurance from wlt GmbH to the user. In the case of brokered services, wlt GmbH is not liable for the provision of services by the service providers, but only for the proper forwarding of the information provided by the User to the respective service provider when placing the brokerage order. Liability towards the user for the accuracy of the information provided by his contractual partners is also excluded, provided that wlt GmbH has not transmitted this data incorrectly through its own fault, gross negligence or willful misconduct.
4.2 The provision of services which are the responsibility of the respective service provider is not the subject of the contractual relationship with wlt GmbH. The respective service provider is solely liable for these. Therefore, wlt GmbH is not liable for the services to be provided by the service providers. wlt GmbH is, however, liable to the user for proper mediation within the scope of the duty of care of a prudent businessman.
4.3 wlt GmbH accepts no liability for the uninterrupted availability of the system and the website, or for system-related interruptions, failures and malfunctions of the technical systems and services of wlt GmbH. Liability is excluded in particular for the failure of communication networks and gateways.
4.4 In the event of simple negligence, wlt GmbH shall only be liable to the user for damages incurred in connection with the brokerage services provided by wlt GmbH – irrespective of the legal grounds – if an organ, employee or vicarious agent of wlt GmbH has breached a material contractual obligation. In this case, however, liability is limited to typical damages and the amount is limited to the price of the brokered service. wlt GmbH shall assume any further liability if
damage has been caused by an intentional or grossly negligent breach of a contractual obligation by wlt GmbH, its legal representatives and/or vicarious agents,
wlt GmbH has warranted an essential characteristic of the contractual service before or upon conclusion of the contract and this characteristic is not present after the contractual services have been provided or
the damage was caused by intentional or grossly negligent breach of a main contractual obligation, i.e. a contractual obligation so important for the user that he would not have concluded the contract without being able to rely on the fulfillment of this contractual obligation.
4.5 Claims against wlt GmbH for damages incurred in connection with the brokerage services provided by wlt GmbH shall become time-barred one year after the start of the respective statutory limitation period. Otherwise, the statutory limitation period shall apply.
5 Service documents, reservation confirmation, booking confirmation
5.1 The reservation order made by the user is active when the user has made a deposit of 10% of the gross price of the reservation and this has been received by wlt GmbH. Wlt Gmbh confirms the deposit and thus the reservation order to the service provider. If the service provider agrees to the reservation, he will immediately receive the user data required for further processing (if specified e-mail, address, first and last name, telephone number) from wlt GmbH. The service provider is then obliged to transmit the booking, as well as the exchange or transmission of further information on the booked services to the user accordingly and to inform the user in accordance with its guidelines on payment of the remaining amount (e.g. on site, by bank transfer) and to provide the user with a corresponding booking confirmation. The service provider shall also inform wlt GmbH of the dispatch of a booking confirmation to the user. If the service provider does not agree to the reservation order, wlt GmbH will refund the User the down payment made in the amount of 10% of the gross amount within 14 working days.
5.2 When booking services, the User will generally receive the booking documents from the service provider by email, depending on the short notice of arrival and the conditions of the respective service provider. The user is required to check the contact details provided, especially the e-mail address, in detail, as the booking documents are sent to these contact details. In this context, the so-called spam/junk e-mail folders must also be checked to see whether any corresponding e-mails have been received there. This is the only way to ensure fast and smooth communication, especially for bookings at short notice.
5.3 In order to complete a workation booking completely and securely, users must provide their correct e-mail address. We are not responsible or liable for any incorrect or misspelled email addresses or incorrect (mobile) telephone numbers or credit card numbers and have no obligation to verify them.
6. payment of the reservation fee to wlt GmbH and payment of the balance to the service provider
6.1 The deposit is paid by the User as a reservation fee for the provision of the workstation offer to wlt GmbH. If the reservation is rejected by the service provider (Workation provider), the User shall receive the reservation fee back from the intermediary, i.e. wlt GmbH. Cancellations are subject to the conditions set out in Section B: Cancellation conditions regarding the reservation fee by wlt GmbH.
6.2 After a mutually successful and accepted reservation by the user and the service provider, further processing and booking shall take place on the basis of the specifications of the service provider and the resulting booking confirmation from the service provider to the user. All rights, obligations and liabilities relating to the further processing of the booking and the associated payment processing, booking confirmations and other information obligations are the responsibility of the service provider and its GTC and cancellation conditions and must comply with generally applicable law.
6.3 For “NET-WORKATION” offers or bookings, wlt GmbH and/or the service provider have a special right to cancel. A minimum number of participants is required for these offers to be carried out or services to be provided. If, despite sufficient waiting list participants for an offer, there are effectively too few participants in total to book the actually suitable offer, wlt GmbH and/or the respective service provider shall have the right to withdraw the offer. In this case, any payments already received must be refunded to the user. Neither wlt GmbH nor a service provider will arrange the arrival/departure to a destination and are not liable for any costs incurred by the user and are therefore not obliged to pay any compensation for these costs.
7 Obligations of the user
7.1 Defects in the agency service must be reported to wlt GmbH immediately. Wlt GmbH must be given the opportunity to remedy the situation. If such notification is culpably omitted, any claims arising from the brokerage contract in this respect shall lapse to the extent that a reasonable remedy would have been possible on the part of wlt GmbH.
7.2 wlt GmbH cannot work with incorrect data. The user must ensure that all necessary information fields on the website, in particular personal details and contact data, are completed carefully and checked again. Incorrect data entered by the user, in particular e-mail address, first name and surname, can lead to difficulties in processing the contract, which can significantly impair the provision of services and cause additional costs.
8 Visa, passport, customs, foreign exchange and health regulations
Each user is responsible for ensuring that he/she fulfills the requirements necessary to use the Workation service and that all legal regulations – in particular domestic and foreign entry and exit regulations, health regulations, passport and visa regulations – are observed. The same applies to the procurement of necessary travel documents. Wlt GmbH will conscientiously provide the user with information on these matters on request, but cannot accept any liability for this and is not obliged to provide such information. The user must ensure that the name details in the passport, visa and other identification documents correspond exactly with those in the booking/travel documents. Wlt GmbH expressly points out that the regulations may be changed by the authorities at any time. Users are therefore advised to obtain information from the relevant authorities and institutions themselves. Detailed and up-to-date information can be found on the website of the Federal Foreign Office at www.auswaertiges-amt.de.
9. prohibition of assignment
Any assignment of claims by the user against wlt GmbH, including to spouses or relatives, is excluded. This applies to claims arising from the brokerage contract and in connection with the execution and handling of the brokerage contract, as well as from unjust enrichment and unlawful acts. The judicial assertion of the aforementioned claims of the user by third parties in their own name is also inadmissible.
10 Links to third-party websites
The website newworkation.com and emails from newworkation.com by wlt GmbH may contain hyperlinks to websites operated by parties other than wlt GmbH. Such hyperlinks are provided to the user for information purposes only. Wlt GmbH does not control such websites and is not responsible for their content. The inclusion of hyperlinks to such websites by wlt GmbH does not imply any endorsement of the material on such websites or any association with their operators. Should wlt GmbH receive a reference from a third party, the content of the respective site will be checked immediately.
11. place of jurisdiction
If the user is a merchant, a legal entity under public law or a special fund under public law, Munich is agreed as the exclusive place of jurisdiction. For consumers, the statutory jurisdiction regulations apply. The contractual relationship between the parties shall be governed by the law of the Federal Republic of Germany, excluding the conflict of laws provisions of the EGBGB.
12 Final provisions
12.1 These General Terms and Conditions are conclusively responsible for regulating the legal relationship between wlt GmbH and the User. Amendments or additions to these General Terms and Conditions must be made in writing in order to be effective, as must their revocation. Wlt GmbH reserves the right to amend the GTC at any time in the future. The GTC at the time the contract is concluded shall apply.
12.2 Should a provision of these General Terms and Conditions or a part of such a provision be or become invalid, this shall not affect the validity of these General Terms and Conditions as a whole.
1 Cancellation conditions for deposit reservation fee to newworkation.com | wlt GmbH
1.1 The user may cancel at any time prior to arrival in accordance with the provisions of the contract concluded between the user and the service provider, whereby cancellation fees of up to 100% of the booking price may be incurred (depending on the service provider and time of cancellation). All terms and conditions relating to cancellation options can be taken from the respective service provider listed. This does not affect the cancellation conditions for the deposit or reservation fee payable to wlt GmbH, which acts as a workation agent, as set out in 1.2.
1.2 Irrespective of the cancellation conditions of the service provider for the Workation offer, the following refund guidelines of wlt GmbH apply to cancellations for the reservation fee, which was paid to wlt GmbH as a deposit: Free cancellation up to 8 weeks before departure for the reservation fee paid to wlt GmbH. From 8 to 6 weeks before departure, 25% of the reservation fee remains with wlt GmbH. From 6 to 3 weeks before departure, 30% of the reservation fee remains with wlt GmbH. From 3 to 2 weeks prior to departure, 50% of the reservation fee remains with wlt GmbH. From 2 to 1 week before departure, 70% of the reservation fee remains. Within one week or in the event of a no-show, 100% of the reservation fee shall remain with wlt GmbH. Cancellations and rebookings must be communicated both to the service provider and to wlt GmbH. In the case of cancellations at short notice and where time is critical, the cancellation must be made directly to the service provider and wlt GmbH must be informed. As a rule, wlt GmbH does not charge any additional service fees or processing fees for the rebooking/cancellation or explicitly indicates these prior to utilization. The withdrawal/rebooking can be made by email email@example.com stating the booking number. In accordance with § 312 g, BGB, the two-week right of return for distance selling contracts cannot be exercised for accommodation.
1.3 If changes are requested at very short notice (within 7 days before the start of the respective service), the user is required to contact the respective service provider directly in order to avoid delays.
Wlt GmbH; as at: 27.11.2023