AGB

Mallorca-today is owned by Verena Gemmel,
Erzbergerufer 11; D-53111 Bonn, Germany; Tel.: +49 (0)228 / 9 654 123, Fax:+49 (0)228 / 9 654 134,
E-mail: redaktion@mallorca-today.de.
Mallorca-today offers various services through an Internet portal.

§ 2 Subject of Mallorca-today’s Activity

The portal Mallorca-today acts as an Internet broker on behalf of its customers for contracts with travel agencies and other providers. The brokering in this case involves either the referral of the Customer directly to the contract partners (for example: Michel Monnard golf school) or the referral to sub-brokers, who in turn refer to contract partners (for example: Reisebüro an der Oper travel agency). Mallorca-today is neither itself a tour operator nor does Mallorca-today itself render travel services; Mallorca-today is only the broker between the Customer and the Customer’s contract partner.

These General Terms and Conditions shall apply for the relationship between the Customer and Mallorca-today.

Other contract terms—for which Mallorca-today is neither responsible nor assumes liability—apply to the relationship between the Customer and the subsequent contract partner or sub-brokers.

Mallorca-today provides the Customer with information via its Web site on the offers of the subsequent contract partners and sub-brokers. Mallorca-today merely makes this external information available and does not verify that it is complete, accurate or up-to-date. Insofar as the Mallorca-today Web site provides hyperlinks to other Web sites, this is also done without knowledge and verification of the content of these Web sites by Mallorca-today.

§ 3 Bookings

The rental car bookings that are available through the Web site of Mallorca-today are carried out using a specially adapted booking tool. By filling in this booking tool and clicking the "Continue" button to confirm the "Binding Offer" that then appears, the Customer gives Mallorca-today a legally binding mandate to broker a specific contract partner or sub-broker. The Customer is under no obligation prior to issuing the binding booking order with Mallorca-today. Mallorca-today immediately forwards the Customer's offer to the contract partner or sub-broker. The contract partner or sub-broker then notifies the Customer directly of the acceptance of the offer.

Contractual relations regarding the brokered service exist solely between the Customer and the Customer's contract partner or sub-broker. The activity of Mallorca-today is restricted to the transmission of the booking orders. The offer and acceptance are not checked by Mallorca-today.

All other bookings available through Mallorca-today (vacation homes, travel packages, flights, hotels, culinary delicacies, etc.) are carried out using external tools over which Mallorca-today has no influence. Mallorca-today does not provide consultation or education to the Customer as to the tourism services featured on the portal, nor does it participate in handling the brokered agreement.
Offers submitted by customers to the respective contract partner using external tools go directly to said partner and thus do not require transmission by Mallorca-today.

§ 4 Commission

Mallorca-today brokers at no cost to the Customer. Any commission Mallorca-today receives from the contract partner or sub-broker is governed by a special contract agreement between Mallorca-today and the contract partner or sub-broker.

§ 5 Data Privacy

see Data Privacy Agreement!

§ 6 Liability Provision

The portal Mallorca-today shall be liable for breach of duties only if such a breach can be attributed to negligent conduct by its associates, employees or other parties engaged toward the fulfillment of its obligations.

Liability deriving from Article 280, Section 1 of the German Civil Code (Bürgerliches Gesetzbuch) is limited to gross negligence or the violation of an obligation essential for achieving the purpose of the contract (cardinal obligation). Mallorca-today shall only be liable for damages due to slight negligence within the scope of cardinal obligations to the extent that such damages are foreseeable and typical for the contract.

Damages deriving from the loss of life, limb or health are not subject to limitation.

If the Customer contributed to the arising of damages through negligent conduct, then the extent to which Mallorca-today and the Customer bear the damages shall be determined in accordance with the principles of comparative negligence.

Mallorca-today shall assume no liability that the information provided to the Customer on the Web site is accurate, complete or up-to-date.
Mallorca-today is not liable for damages arising through force majeure, riots, war, natural events or other occurrences that are not the fault of the portal's owner (e.g. strike, lock-out, traffic disturbance, domestic or foreign government policies).

§ 7 Prohibition of Assignment

The assignment of any rights and obligations deriving from the brokerage relationship to third parties is only permissible following prior written consent from Mallorca-today. This applies as well to the judicial assertion of these claims by third parties in their own name.

§ 8 Applicable Law

German law shall be exclusively applicable in disputes deriving from or in conjunction with this agreement.

§ 9 Amendment of the General Terms and Conditions

Mallorca-today is entitled to amend these General Terms and Conditions at any time. Any such change shall be made known to the Customer in writing or via electronic transmission, provided this type of transmission allows the Customer to store the changes in readable form or print them out. Changes are considered approved if the Customer does not raise any objection in writing or by electronic means within six weeks of notification of the change. Mallorca-today shall make explicit reference to these acceptance rules at the time of notification.