General Terms and Conditions newworkation.com | wlt GmbH for TEAM-WORKATION Placements
1 Scope of application
1.1 The following terms and conditions exclusively govern the contractual relationship between the ‘Team Workation inquirer’ (hereinafter ‘Client’) of wlt GmbH (hereinafter ‘wlt GmbH’) and the ‘Team Workation host/organizer’ (hereinafter ‘Service Provider’) with regard to the brokerage of Team 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 client and/or the 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 after an active inquiry. In particular, the offers visible on newworkation.com are not legally binding. The duty of care for the accuracy 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, in particular 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.
2 Content of the contract
2.1 Within the scope of its activities, wlt GmbH acts exclusively as an agent for Team Workation offers. The contractual obligation of wlt GmbH consists in 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 the client makes a booking, a contractual relationship is established with the service provider that is not governed by the General Terms and Conditions of wlt GmbH. wlt GmbH expressly draws the attention of all clients to the fact that the contract is not concluded with wlt GmbH, but always with the service provider specified in each case, taking into account the General Terms and Conditions of the respective service provider. Please note that the service provider may have its own general terms and conditions (for delivery/use) as well as terms and conditions for the use, access and execution of the Team Workation booking (which may contain certain exclusion clauses and limitations of liability), which it declares to be applicable. These General Terms and Conditions are displayed prior to the booking of a Team Workation and, in the event of a booking, become part of the contract between the Customer and the Service Provider. By completing the booking, the customer confirms that they have read, understood and accepted the GTC. Within the scope of the services offered, the customer is obliged to inform himself about the consequences of concluding a contract with the respective service provider.
3 Conclusion of contract
3.1 A customer’s order to wlt GmbH to book a team workation offer with a service provider can be made by telephone or via the online service www.newworkation.com. With this registration, the customer makes a binding offer to wlt GmbH to conclude an agency contract. The unconditional acceptance of this brokerage order by wlt GmbH constitutes a brokerage contract between the client and wlt GmbH. Acceptance of the placement order by wlt GmbH can be made by e-mail and/or by 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 placement order by wlt GmbH. In addition, wlt GmbH has no influence on whether the respective service provider accepts the client’s contractual offer. The offers presented on the wlt GmbH website at newworkation.com do not constitute binding contractual offers. Special requests will be forwarded by wlt GmbH to the respective service provider for review, who will inform the client of the 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 Team 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 customer can be contacted by wlt GmbH using the contact details provided.
3.4 wlt GmbH uses the data provided as part of a booking exclusively to process the booked services. The client instructs wlt GmbH to forward their inquiry directly to the relevant potential service providers using a unique client number and only uses or transmits client-related data such as email address, surname, address and telephone number after express approval or active designation of the potential service provider(s) by actively placing them on a hotlist via an individual URL provided by wlt GmbH on newworkation.com.
3.5 Service providers pay a commission to wlt GmbH. The commission is already included in the stated price of a Team Workation offer. This commission is already included in the gross price of the Team Workation offer. With its platform newworkation.com, wlt GmbH has set itself the task of supporting and helping to develop a successful workation economy in the long term and sustainably. To achieve this, it is necessary for us to finance ourselves sustainably. For this reason, the 10% commission from wlt GmbH is used to cover our costs and 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 represent wlt GmbH’s own statements or assurances to the client. With regard to the 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 client to the respective service provider when placing the brokerage order. Liability towards the customer for the accuracy of the information provided by its contractual partners (service providers) is also excluded, unless wlt GmbH has culpably, grossly negligently or intentionally passed on this data incorrectly.
4.2 The provision of services incumbent on the respective service provider is not the subject of the existing contractual relationship with wlt GmbH. The respective service provider is solely liable for this. Therefore, wlt GmbH is not liable for the services to be provided by the service providers. wlt GmbH is, however, liable to the client 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 facilities and services of wlt GmbH. In particular, liability for the failure of communication networks and gateways is excluded.
4.4 In the event of simple negligence, wlt GmbH shall only be liable to the client 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 shall be limited to typically occurring damages and the amount shall be limited to the price of the brokered service. In addition, wlt GmbH shall be liable if
- damage is based on a deliberate 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 service has been provided, or
- the damage is based on an intentional or grossly negligent breach of a main contractual obligation, i.e. a contractual obligation which is so important for the client that he would not have concluded the contract if he had been 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 respective statutory limitation period begins. Otherwise, the statutory limitation period shall apply.
5 Service documents, booking confirmation, reservation confirmation
5.1 The booking order placed by the customer is concluded when the service provider has sent the customer a booking confirmation and has provided wlt GmbH with binding information about this. The payment and cancellation conditions of the service provider apply to the customer.
5.2 When booking services, the customer usually receives their booking documents from the service provider by email. The customer is obliged to carefully check the contact details provided, in particular the e-mail address, as the booking documents are sent to these contact details. In this context, the so-called spam/junk 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 for a Team Workation booking to be complete and secure, the customer must provide a correct e-mail address. We are not responsible or liable for incorrect or misspelled e-mail addresses or incorrect (mobile) telephone numbers or credit card numbers and are not obliged to check these.
5.4 The client makes a one-off request via newworkation.com. wlt GmbH forwards this request as a Team-Workation briefing to all registered Team-Workation service providers without providing personal or company data. Each service provider can decide for themselves whether they wish to submit a corresponding offer. If a service provider wishes to create a Team Workation offer for the customer, they create it using the offer generator provided by wlt GmbH via newworkation.com. The service provider should only generate an offer if it corresponds to the Team Workation briefing and if he is prepared to pay the placement fee of €25 to wlt GmbH for the placement of a Team Workation offer. This request for payment will be sent by e-mail by wlt GmbH immediately after receipt of the generated offer via Paypal. Only after receipt of payment will the offer be generated for the customer’s exclusive overview page. In the event of late payment by the service provider or if the service provider’s offer is not integrated by wlt GmbH, the agency fee will be refunded within 14 days. As confirmation of the integration of a team-working offer from a service provider on the exclusive offer overview page for the customer, wlt GmbH will send screenshots to the service provider. A Team Workation offer overview page for an exclusive customer can contain a maximum of up to nine different Team Workation offers, whereby a service provider can also place more than one offer. Each offer placed costs a one-off fee of €25.
- commission payment to wlt GmbH and final payment to the service provider
6.1 wlt GmbH will invoice the service provider for 10% of the gross amount of the booking confirmation after a successfully completed team workation. The service provider must pay this no later than 14 days after receipt. If the booking is canceled before the start of the trip, the cancellation conditions of the respective service provider apply to the customer. In this case, wlt GmbH receives a commission of 10% of the gross cancellation amount and charges this to the service provider.
7 Obligations of the customer
7.1 Defects in the agency service must be reported to wlt GmbH immediately. wlt GmbH must be given the opportunity for subsequent fulfillment. If such notification is culpably omitted, any claims arising from the agency contract in this respect shall lapse insofar as a reasonable remedy by wlt GmbH would have been possible.
7.2 wlt GmbH cannot work with incorrect data. The client and also the service provider must ensure that all required information fields on the website, in particular the personal data and contact details, are carefully completed and checked again. Incorrectly entered data, in particular e-mail address, first name and surname, can lead to difficulties in the processing of the contract, which can significantly impair the provision of services and cause additional costs.
8 Visa, passport, customs, foreign exchange and health regulations
Each Customer is generally responsible for ensuring that the requirements necessary for the use of Workation’s services are met and that all legal regulations – in particular domestic and foreign entry and exit regulations, health regulations, passport and visa regulations – are complied with. The same applies to the procurement of the necessary travel documents. Wlt GmbH shall provide the Customer with conscientious information in this regard on request, but cannot accept any liability for this and is not obliged to do so. The customer must ensure that the name details in the passport, visa and other identification documents correspond exactly with the details in the booking/travel documents. Wlt GmbH expressly points out that the regulations may be changed by the authorities at any time. Customers are therefore advised to obtain information themselves from the relevant authorities and institutions. Detailed and up-to-date information can be found on the website of the Federal Foreign Office at www.auswaertiges-amt.de.
- links to third party websites
The newworkation.com website and emails from newworkation.com by wlt GmbH may contain hyperlinks to websites operated by parties other than wlt GmbH. Such hyperlinks are provided solely as a convenience to the user. wlt GmbH does not control such websites and is not responsible for their content. The provision 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. In the event of references to third-party content, wlt GmbH will check the content immediately.
- place of jurisdiction
If the customer and/or service provider 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 is subject to the law of the Federal Republic of Germany, excluding the conflict of law rules of the EGBGB.
11 Final provisions
11.1 These General Terms and Conditions conclusively regulate the legal relationship between wlt GmbH, the customer and the service provider. Amendments or additions to these General Terms and Conditions must be made in writing to be effective, as must their revocation. wlt GmbH reserves the right to amend the General Terms and Conditions at any time in the future. The General Terms and Conditions at the time the contract is concluded shall apply.
11.2 Should a provision in these General Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.
Wlt GmbH; as at: 27.11.2023