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General Conditions of Business

§1 Introductory Remarks and Scope

a) The internet portal Babelyou is a sole proprietorship with Mr. Andreas König as affiliate, who is the company owner and owner of the internet portal. In the following, only the term "Babelyou" will be used. The contract partner of Babelyou will be called "user" or sometimes also "member".

b) By registering with Babelyou, the user agrees with the here mentioned general terms and conditions. The agreement will be declared by confirming the notice and acceptance of the general terms within the frame of the registration process.
Without accepting the here mentioned general terms and conditions a registration is not possible.
Only users that have completed the 14th year of age can register with Babelyou.
For chargeable services the minimum age is 18.

c) A consumer, in the sense of these general terms and conditions, is a natural person who concludes a legal transaction for a purpose that can neither be assigned to a commercial, nor self-employed activity.
A businessperson, in the sense of these general terms and conditions, is every natural person or  body corporate or legally responsible private company acting in self-employed, professional, or commercial activity during conclusion of a legal transaction.

d) The following general terms and conditions exclusively apply. Terms of the user, that differ from the general terms an conditions, have no validity.


§ 2 contract completion and duration

a) The user assures Babelyou to have completed the 14th year of age.
Babelyou is authorized to verify personal data by checking appropriate official documents and to delete the user when his statements are untrue or if he does not make appropriate documents available.

b) The licence agreement comes about as soon as the user receives a confirmation e-mail with his login data from Babelyou, after successful registration.

c) The contract completion for valuable consideration occurs through acceptance of the offer by letter, fax or e-Mail through the user and through order acknowledgement or activation of the service. Babelyou is authorized to refuse to take the order.

d) Babelyou offers its services to customers and business persons.


§ 3 charges

a) The member access to Babelyou is free of charge.

b) Particular services, that exceed the normal member access, are against payment. The referring prices are going to be particularly communicated to the user before purchase of  these services(for example top-events, advertisement, registration for a language course and top-classified ads) or these services will be particularly pointed out to the user. Further, the payment obigation and the corresponding fee must be particularly accepted when accessing such services.


§ 4 description of the services and scope of services

Babelyou runs a portal in the internet in which our users learn languages and find language partners and language courses, and are able to contact eachother and get to know eachother for building up friendships for leisure time and journeys.
Furthermore, hotel prices can be compared, classified ads can be placed and events can be pointed out. A registered user has the possibility to search for other people (members), whose profiles are stored in a central database. The members can look at profiles of other members and contact them.
Babelyou has integrated a hotel search into the website, that can be used to inform oneself about prices and capacity of hotels and do research on prices and offers of several hotel providers worldwide and to compare them. Babelyou is independant and no online tourist office.
Hotels can not be directly booked over Babelyou. Babelyou neither sells hotel- nor reservationservices. Bookings can not be accomplished on the website of Babelyou.
The Babelyou hotel search is a pure search engine and can be used to find the best hotel offers worldwide. When a favourable offer is found, Babelyou offers you a forwarding option in form of a link to the booking websites of the chosen online tourist office partners. The booking occurs always directly at the particular partner, to whom one gets forwarded to by Babelyou. Forwarding to the particular partner occurs by clicking the partner links. An information is shown to the user during active forwarding and leaving Babelyou.
Questions concerning hotel booking, booking modifications, cancellations or information on the hotels must be adressed directly to the partner that arranges the particular booking.
Babelyou updates the hotel prices several times a day to always show a price that is as actual as possible.
Babelyou is willing to show prices that are as actual as possible by updating several times a day.
A realtime viewing of the prices can not be guaranteed for technical reasons.
There may be delays in the updating of the shown prices on Babelyou, whereby the dates and prices could be outdated due to falling or rising prices.
Babelyou doesn`t provide a guarantee for the validity of the actual shown prices. All prices and product informations are alocated automatically by the particular partners.
Attention should be paid to the fact, that additional charges could be demanded in some cases. Herefor the conditions on the website of the particular partners should be checked.
Babelyou doesn`t benefit any hotels in the hotel search.
The contents incorporated by the users and the ones of the hotel search are of extraneous content to Babelyou.
 

§ 5 liability

a)
Babelyou does not guarantee and does not assume any warranty that there will occur a successful establishment of contact during the contract period.
Accordingly, Babelyou is not liable if no contact is achieved and does not assume responibility or liability for the contents of written messages in the forums, the chats and the hotel search.

b)

aa)  Babelyou is liable unconditionally in every legal basis
- for malice or wanton negligence,
- for negligently or scienter violation of life, body or health,
- in consequence of a promise of guarantee, if regarding this nothing else is arranged,
- in consequence of obligatory liability, such as concerning product liability law.

bb) If Babelyou negligently breaks an essential contractual obligations, the liability is limited to the contract-typical, predictable damage, if (according to letter aa) a unlimited liability is not given.
Essential contractual obligations are obligations that the contract imposes on Babelyou according to its content, whose attainment enables the implementation of the contract in the first place and whose compliance the user can trust regularly.

cc) Apart from that, Babelyou ist not liable.

dd) Above liability regulations also pertain in view of the liability of Babelyou for its vicarious agents and legal guardians.

ee) For interferences of unvaluable consideration services Babelyou is liable only within the legal regulations.

c)
Babelyou is not liable for eventual false statements by the users during registration, due to the fact that a thorough examination can not or not always accur, because of the scope and the sort of these statements

d)
Babelyou is not liable for potential abuse of data or information through other users or thirds, especially then, when the user made the data or information available to himself.
Similarly, Babelyou ist not liable in case of an unauthorized gaining of knowledge of data or information by thirds in case of unauthorized access to the database, as far as Babelyou, its legal guardians or vicarious agents are not at fault.

e)
Babelyou is not liable for unessential interferences of the offered services. Babelyou ensures neither the continuous usability or accessibility of the services, nor is Babelyou liable for transmission delays or breakdowns caused by technical problems. For example, a temporary disruption of service can occur by malfunction or necessary maintenance.

f)
The user ensures that the transmitted picture- and text- data is free of third-party rights or the user owns  a corresponding right of use/ exploitation right and releases Babelyou from all claims of thirds that may be made, caused by the the publication on Babelyou.


§ 6 terms of use

a)
The user is prohibited from inserting e-mail adresses, domains and links to other websites into his profile or any other place in the portal of Babelyou or to make them obvious to other users in any other alienated form. Babelyou reserves itself the right to delete profiles, potentially paid charges are not going to be refunded in this case.


b)
Babelyou is not liable for the validity and content of the events, classified ads, advertisement and language courses, incorporated by the user.
Babelyou only provides the platform for the events, classified ads, advertisement and language courses. The particular user is responsible for the validity and the content of the events, classified ads, advertisement and language courses.
In the sector of free events and free classified ads the user is not allowed to make e-mail adresses, URLs, links or any other information obvious, that give information about other websites or lead there, except inputs  in the sector of chargeable top-events and chargeable top-classified ads. In the event of infringement the events and classified ads will be deleted without any further notification.

c)The user gives Babelyou the necessary rights of use on all texts and pictures he forwarded to Babelyou to design his publication for the duration of the contract.

d) Already incorporated events, classified ads and advertisement can not be changed. But there is a chance of untimely deleting them by the user, a payback of the incorporation fee will not occur.

e) Furthermore, every user commits to not to use the service in an abusive way, especially:
- not to spread defamatory, obnoxious or other illegal material or information. This especially concerns pornographic, racist, race baiting or similar contents;
- not to use it to annoy other users, to threaten them or to impinge the rights of thirds (including personal rights);
- not to make  e-mail adresses, URLs, links or other kinds of information obvious on his profile, that  give information about other websites or lead there;
- not to insert data into the system that may contain a computer-virus (infected software) or software or other material that is copyrighted, except the user owns the rights or has the necessary agreement;
- not to use the service in a kind that negatively influences the availability of the offers to other users of Babelyou;
- not to intercept messages of other users and not to try doing this;
- only sending messages to members with the aim to communicate, not to advertise for or offer goods or services to other members (except in the cases of when this is particularly allowed by the operator);
- not to send chain letters.

f) If any of the before mentioned behavior obligations are disregarded, this can lead to a immediate cancellation of the contract and to civil and criminal penalties for the user.


§ 7 prices and payment terms

a) Particular services that are not being offered within the free membership are against payment and also marked as chargeable services. By claiming valuable consideration services, the user accepts the connected payment liability by clicking the confirmation field that is presented in this case. The exact fees and conditions of the particular chargeable service can be found on the corresponding page on which the service is offered.

b) The stated prices are final prices and include the German sales tax. Possibly additional incurring delivery charges will be declared separately.

c) A 12- or 24- monthly mode of payment is generally agreed, depending on the duration chosen by the user.

d) The payment occurs on the first day of the particular contract duration or duration elongation without any deduction by direct debit payment. The amount will be debited by direct debit, credit card or any other payment method.
The deduction of the website by credit card occurs through:
HUELLEMANN & STRAUSS ONLINESERVICES S.à r.l., 1, Place du Marché,
L-6755 Grevenmacher, HR: B144133, E-Mail: [email protected],
executive director: Dipl. Vw. Mirko Hüllemann, Heiko Strauß.
The deduction of the website by giro transfer occurs through:
Heidelberger Payment GmbH,
Gaisbergstr. 11-13, 69115 Heidelberg,
Email: [email protected],
chancery HD: HRB 7681, executive director : Dipl. Vw. Mirko Hüllemann, Thomas Muszakiewicz

e) In case of false statements concerning account data, credit card data or the address or in case of  negative booking operation with the user being responsible, an administrative charge of 12,00€  plus the costs for the charge back, must be paid. The user is authorized to prove that there did not result any damage or that was not as grave.

f) The user will be informed about the total amount being debited in form of an invoice via e-mail.
A separate billing will not occur.

§ 8 service contents

- top classified ads:
The fee for a top classified add is going to be explicitly communicated when the user makes use of the service.
A incorporated classified ad stays visible for 10 or 20 days to all of our users. After 10 or 20 days the classified ad will automatically be deleted. When an item has not been sold in the classified ad portal, a  refund of the payment will not occur.

- top events:
The fee for a top event is going to be explicitly communicated when the user makes use of the service. A incorporated event stays visible to all of our users until the event takes place. On the following day the event will automatically be deleted.

- advertisement:
The fee for an advertisement is going to be explicitly communicated when the user makes use of the service.
A incorporated advertisement stays visible to all of our users for the duration the user chose. At the end of the chosen duration the advertisement will automatically be deleted.

-  incorporation of language courses
1. In the sector "find language courses" of the portal Babelyou, language courses, items and offers for learning languages may be published.
Users can deposit an individual description including pictures of their offers on Babelyou. Babelyou allocates a shortlink to every inscription. For example: (www.babelyou.com/name-provider).

2. The publication issued by the user will be run only shortly after payment.

3.Babelyou reserves itself the right to delete messages, texts, advertisements, language courses, events and classified ads, that are immoral, dubious, criminal and illegal. Texts including such contents are going to be deleted. Any paid values are not going to be refunded.


§ 9 contract duration

a) The contract is being entered for a duration of 12 or 24 months.
The particular contract duration starts with the day of the online activation of the inscription.

b) The contract will automatically renew for additional 12 or 24 months, if it has not been cancelled by writing with a term of four weeks before the particular expiration of the contract.
The cancellation must be sent to Babelyou by e-mail.([email protected])


§ 10 data usage

a) Babelyou archives personal information of the users on different kind of ways in different places of the website Babelyou and in  further own operated services.
Babelyou receives these informations from the user and through the usage of offered services. The user declares his agreement, that his personal data may be stored by the operator in electronical form.

b) Babelyou archives, uses and analyses information to enable the functioning of the platform Babelyou or further own platforms and to offer better services to the users.
In particular, Babelyou is authorized to pass pseudonyms or membernames of the user on to other users to enable the personal communication of messages between the users.
But the pseudonyms do not reveal the identity (name, whole adress, telephone number, e-mail adress, account data) of a single user.

c)Furthermore, Babelyou is authorized to hand on the collected data to the cellular operator of the user, if it is necessary for deducting chargeable services.

d) If a user accesses the services of Babelyou over a partner website, the user data ist going to be anonymized und saved with the aid of cookies. These cookies do not contain any individual-related data of the user, but only serve the maintenance of the partner programs.
These cookies will be automatically deleted, when the user registers as a member with Babelyou.
If a registration does not take place, a deleting of the cookies automatically takes place after 30 days.


§ 11 sign-out, termination and dissolution of the contract

a) The user of a free membership is authorized to unsubscribe anytime without giving any reasons.
With unsubscribing the profile will be deleted. The contractual relationship, that has been concluded before, will then end.

b) When utilizing the chargeable services top-events and top-classifies ads, the user may terminate the contract by writing at a term of four weeks before expiration of the contract to the end of the current accounting period.
The termination can be conducted under „my area“.

c) The user is indentured to remove incorporated data before the termination becomes operative.
The complete data of the user of Babelyou is going to be deleted after termination of the contract or membership.


§ 12 responsibility and duties of the user

The user is indentured to keep messages in confidence and only make them available to thirds
with the prior consent of the adressor. This also holds good for names, telephone numbers and adress data.


§ 13 liquidated damages

If the user makes use of the data of thirds commited to him for commercial purposes or hands them on, he commits himself to pay a indemnification in the amount of 2.000,00€ to the operator for every proven, culpable infringement. The user is allowed to furnish proof that a damage did not occur or was significantly lower.


§ 14 involvement of thirds

The operator is authorized to charge thirds with the performance of the range of services or of parts of them.


§ 15 offsetting prohibition

Any offsettings of the user are only permissible, if their counterclaims are judicially determined, uncontended or admitted by Babelyou.


§ 16 place of jurisdiction and applicable law

a) The place of jurisdiction for every claim arising from the contractual relationship is Leipzig (Germany), if the contract parties are businesspersons.

b) The law of the Federal Republic of Germany applies, unless something else is particularly decided by eventual mandatory consumer protection regulations.


§ 17 transfer of the rights and duties out of this contract

Babelyou is authorized to transfer all or part of the rights and duties out of the contract to a third (natural or juristic person) after notifying the user per e-mail within 4 weeks.

In such a case the user is authorized to terminate the contract within 4 weeks after receiving the e-mail. If the user does not terminate the contract, it subsists unrestrictedly with the new contract partner.

This case can occur for example when the current owner of the portal (see § 1 a) sells the portal to another company.


§ 18 final clauses

a) Modifications of or additions to the contract require the written form. This also applies to the requirement of the written form itself. There are no verbal side agreements. The parties agree that the communication of declarations of intention by e-mail is sufficient for the requirement of the written form.

b) Should a clause in these general terms and conditions be void, the efficiency of the rest of the regulations will not be effected.
The void clause must be replaced by a clause that, with regard to legally effectiveness, comes closest to the sense and purpose of the void clause.
The same holds true for any gaps in the contract.

c) In case of doubts concerning the interpretation of single clauses in these general terms and conditions, the wording of the German version is decisive.

A right of cancellation is due to the consumers in accordance to following proviso, with a consumer
being a natural person that concludes a legal transaction for a purpose that can neither be assigned to a commercial, nor self-employed activity.


Cancellation policy

Cancellation right

You may revoke a contractual declaration within 14 days in written form (such as letter, fax, e-mail) without giving reasons.
The deadline starts after receiving this instruction in written form, but not before conclusion of a contract or fulfillment of our information obligations according to article  246 § 2 combined with

§ 1 paragraph 1 and 2 EGBGB plus our duties accordxxing to § 312g paragraph 1 Satz 1 BGB combined with article 246 § 3 EGBGB.

The timely forwarding of the cancellation will suffice to keep the cancellation period.
The cancellation is to direct to:

Babelyou
owner: Andreas König
Richterstrasse 23
04155 Leipzig
Germany

Mail: [email protected]


implications of cancellation

In case of a valid cancellation service, services received on both sides must be returned and any advantages (such as interests) must be returned. If  you can not return any or only part of the received services or emoluments (such as usage advantages) or only in  worsened condition, you must accomplish compensation.
This may lead to you having to pay the contractual payment obligations for the period until the point where the cancellation is completed.
The obligational refund must be fulfilled within 30 days. The deadline starts for you after forwarding your declaration of revocation, for us with its receiving.

particular information

Your right of cancellation expires prematurely, when the contract is completely fulfilled to your desire on both sides, before you have performed your right of cancellation.

End of cancellation policy