General Terms and Conditions
Translation Note: This page contains a translation of the authoritative German legal text. Translations into other languages serve as support, but the German version is legally binding.
For the provision of services by Stellar Tourism Innovations GmbH, Immanuelkirchstraße 37, 10405 Berlin, Email: philipp@stellar-trust.com (hereinafter "Contractor") to their customers (hereinafter "Client")
1. General
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.
1.2 Deviating, conflicting or supplementary general terms and conditions of the Client will not become part of the contract, even if the Contractor does not expressly object to them.
1.3 The Contractor is authorized to subcontract the required services in its own name and on its own account to subcontractors, who in turn may also employ subcontractors. The Contractor remains the sole contractual partner of the Client.
2. Subject Matter of Contract and Scope of Services
2.1 The Contractor provides the Client as an independent entrepreneur with the following services:
Verification of vacation rental agencies, owners, awarding 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 reserves the right to make changes and additions to the services, provided that these are reasonable for the Client and serve to improve the services.
3. Cooperation Obligations of the Client
3.1 The Client is obligated to provide all information, data, and other content necessary for the fulfillment of the service completely and correctly.
3.2 The Client ensures that the content provided by them does not violate any rights of third parties or applicable law.
3.3 The Client will provide the Contractor with qualified personnel for coordination and decision-making and will make the necessary decisions promptly.
4. Remuneration
4.1 The remuneration is individually agreed upon.
4.2 The remuneration is due after the provision of services. The remuneration must be paid within 14 days after receipt of the invoice.
4.3 If the Client is in default of payment, the Contractor is entitled to charge default interest in the amount of 9 percentage points above the base interest rate.
4.4 The Client is only entitled to offset if their counterclaims are legally established, undisputed, or acknowledged by the Contractor.
5. Liability / Damages
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, body, or health, due to a guarantee promise, or due to mandatory liability according to the Product Liability Act.
5.2 In case of negligent breach of material contractual obligations, the Contractor's liability is limited to the typically occurring, foreseeable damage. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the Client regularly relies and may rely.
5.3 Further liability of the Contractor is excluded.
5.4 The above liability regulations also apply to the personal liability of employees, representatives, and agents of the Contractor.
6. Contract Duration and Termination
6.1 The contract duration and the deadlines for ordinary termination are individually agreed upon by the parties.
6.2 The right of both parties to extraordinary termination of the contract for important cause remains unaffected.
6.3 Termination must be declared in writing.
7. Confidentiality and Data Protection
7.1 The Contractor will treat all processes that become known to them in connection with the assignment in strict confidence. This obligation also applies after the end of the contract.
7.2 The Contractor commits to comply with all data protection provisions when executing the assignment.
7.3 The Contractor is entitled to refer to the business relationship with the Client for advertising purposes, unless the Client objects to this in writing.
8. Intellectual Property
8.1 All rights to work results created by the Contractor in the course of contract execution remain with the Contractor, unless otherwise agreed in writing.
8.2 The Client receives a simple right of use to the work results to the extent necessary for the contractually agreed purpose.
9. Final Provisions
9.1 The law of the Federal Republic of Germany applies excluding the UN Sales Law.
9.2 The place of jurisdiction is Berlin, provided the Client is a merchant, a legal entity under public law, or a special fund under public law.
9.3 Should a provision of these GTC be or become invalid, this does not affect the validity of the remaining GTC. The invalid provision is to be replaced by a valid provision that comes closest to the economic purpose.
9.4 Changes and additions to the contract must be made in writing. This also applies to the waiver of the written form requirement.
9.5 The contract language is German.
9.6 Buyer protection is defined as follows: As a booker, you are responsible for booking only through channels officially recognized by the Stellar-certified website.
9.7 Please note the guidelines of our insurance providers. Stellar Tourism Innovations GmbH's guarantee contract is subject to German law.