For the provision of services by Stellar Tourism Innovations GmbH, Immanuelkirchstrasse 37, 10405 Berlin, Email: philipp@stellar-trust.com (hereinafter referred to as “Contractor”) to its customers (hereinafter referred to as “Client”)

General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts that are concluded between the Client and the Contractor incorporating these GTC.

1.3 Insofar as additional contractual documents or other business conditions in text or written form have become part of the contract, the provisions of these additional contractual documents take precedence over these GTC in case of conflict.

1.4 GTCs deviating from these terms, used by the Client, are not recognized by the Contractor – subject to explicit consent.

Subject of the Contract and Scope of Services
2.1 The Contractor provides the following services to the Client as an independent contractor:

Verification of holiday apartment agencies, owners, issuance of badges. Provision of Software as a Service (SaaS) services.

2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.

2.3 The Contractor will provide the contractually agreed services with the utmost care and diligence according to the latest standards, rules, and knowledge.

2.4 The Contractor is obliged to provide the contractually owed services. However, in carrying out his activities, he is not subject to any directives regarding the manner of performing his services, the place of service provision, or the timing of service provision. However, he will schedule the working days and the timing on these days in such a way that optimal efficiency in his activity and in the realization of the contract subject matter is achieved. The provision of services by the Contractor only takes place in coordination with the Client.

Client’s Obligations to Cooperate
The Client is obliged to provide all information, data, and other content necessary for the fulfillment of the service completely and correctly. The Contractor is not responsible in any way for delays and lateness in the provision of services resulting from delayed and necessary cooperation or input from the customer; the provisions under the heading “Liability/Indemnification” remain unaffected by this.

Compensation
4.1 The compensation will be agreed upon individually.

4.2 The compensation is due after the provision of services. If the compensation is measured by time periods, it is due after the expiration of each period (§ 614 BGB, German Civil Code). In the case of billing based on effort, the Contractor is entitled, subject to different agreements, to bill for the services provided monthly.

4.3 The Contractor will issue an invoice to the Client after the services have been provided by mail or email (e.g., as a PDF). The compensation is due for payment within 14 days after receipt of the invoice.

Liability / Indemnification
5.1 The Contractor is liable without limitation for any legal reason in case of intent or gross negligence, for intentional or negligent injury to life, limb, or health, based on a warranty promise, to the extent otherwise regulated, or due to mandatory liability. If the Contractor negligently breaches a fundamental contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability according to the previous sentence. Fundamental contractual obligations are obligations that the contract imposes on the Contractor according to its content for the achievement of the contract’s purpose, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the adherence to which the customer may regularly rely. Otherwise, the Contractor’s liability is excluded. The aforementioned liability provisions also apply with regard to the Contractor’s liability for its vicarious agents and legal representatives.

5.2 The Client indemnifies the Contractor from all third-party claims that are made against the Contractor due to violations of the customer against these contractual conditions or applicable law.

Contract Duration and Termination
6.1 The contract duration and the deadlines for ordinary termination are agreed individually by the parties.

6.2 The right of both parties to terminate the contract without notice for an important reason remains unaffected.

6.3 The Contractor must immediately return or destroy all documents and other content provided to him upon termination of the contract, at the customer’s option. The assertion of a right of retention thereof is excluded. Electronic data must be completely deleted. Excepted from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The Contractor must confirm the deletion to the company in writing upon request.

Confidentiality and Data Protection
7.1 The Contractor will treat all processes that come to its knowledge in connection with the order strictly confidential. The Contractor commits to imposing the confidentiality obligation on all employees and/or third parties who have access to the contract-related information. The confidentiality obligation applies indefinitely beyond the duration of this contract.

7.2 The Contractor commits to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – in the execution of the order.

Final Provisions
8.1 The law of the Federal Republic of Germany applies, excluding the CISG.

8.2 Should any provision of these GTC be or become invalid, this shall not affect the validity of the rest of the GTC.

8.3 The Client will support the Contractor in the performance of his contractually agreed services by appropriate cooperation actions, as necessary. In particular, the Client will provide the Contractor with the information and data required for the fulfillment of the contract.

8.4 If the Client is a merchant, legal entity under public law, or special fund under public law, or does not have a general place of jurisdiction in Germany, the parties agree on the Contractor’s seat as the jurisdiction for all disputes arising from this contractual relationship; exclusive jurisdictions remain unaffected by this.

8.5 The Contractor is entitled to change these GTC for valid reasons (e.g., changes in case law, legal situation, market conditions, or business or company strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by email at least two weeks before the changes take effect. If the existing customer does not object within the period set in the change notification, his consent to the change is considered given. If he objects, the changes will not take effect; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the changes take effect. The notification about the intended change of these GTC will point out the period and the consequences of the objection or its absence.

8.6. Buyer protection is defined as the following. As a booker you are responsible to verify to only book through ways that are officially recognized by the webpage that Stellar has certified. Do not communicate with either an e-mail address or telephone number that has not been verified by us. we do our best to verify all the data we are provided in order to provide maximum protection.

The data we verify is the following
– Key person Identification card including biometric data
– Property website legitimacy by providing a meta tag
– E-Mail Address
– Phone number
– Company address and geo location cross checks on major platforms
– OTA reviews

8.7. Please refer to the policies of our insurance providers. You can find them linked here. Stellar Tourism Innovations GmbH is only selling insurance policies by Hiscox and is not an insurance company itself. Claim handling is up to the insurance providers and works accordingly to their policies. Their policies are at any time valid. Statements on Stellar website are only supportive and always inferior to the policies.

8.8. Right of Termination – We reserve the right to cancel any contract without further notice in case we detect fraudulent behavior.
Both the Customer and Stellar have the right to terminate contracts at any time, with immediate effect and without stating any reason. In the event that Stellar exercises its right of termination, all fees paid for services not yet rendered at the time of termination will be reimbursed. Any obligations or rights accrued before the effective date of termination remain unaffected.

Provisions for Concluded Insurance Policies

These provisions are designed to clarify both parties’ rights and obligations in the event of a contract termination, ensuring that any already-commenced bookings remain fully protected while allowing flexibility for those that have yet to start.

8.9. Any company or private person using our badge in a fraudulent way will be held responsible for any damage. That is we will claim compensation from the fraudulent party to compensate the scammed party and / or Stellar Tourism Innovations.

9.0. The Stellar Tourism Innovations guarantee contract shall be subject to German law. Place of fulfillment and jurisdiction is Berlin. The online booking page may direct complaints to the “Bundesanstalt für Finanzdienstleistungsaufsicht” (German Federal Financial Supervisory Authority)

9.1. We take all reasonable steps to ensure that the information on this website is correct. However, we do not guarantee the correctness or completeness of material on this website. We may make changes to the material on this website at any time and without notice. The material on this website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this website.

9.2. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this website.

9.3 Nothing in these Terms shall exclude or limit liability for:
a) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977);
b) fraud;
c) misrepresentation as to a fundamental matter; or
d) any liability which cannot be excluded or limited under the law of the United Kingdom.

Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board according to the VSBG.

1.2 The Contractor is authorized to subcontract the required services to subcontractors in its own name and on its own account, who in turn may also use subcontractors. The Contractor remains the sole contractual partner of the Client. The use of subcontractors will not take place if it is apparent to the Contractor that their use is contrary to the legitimate interests of the Client.

Our email address can be found in the header of these GTC.