§ 1 Scope, General
(2) The Terms shall apply accordingly for the provision of new versions of the App (e.g. patches, bug fixes, updates, upgrades, etc.).
(3) The App allows the User to take advantage of the services offered by participating hotels and other participating accommodations, e.g. managing devices in the room, digital content and payment services (“Hospitality Services“).
(4) These Terms shall apply exclusively. Any general terms and conditions of the User which deviate from, contradict or supplement these Terms shall only be a component of the agreement if and insofar as VINN consents to the application thereof expressly and in writing. This consent requirement shall apply in every case, e.g. even if VINN is aware of the User’s general terms and conditions and commences providing services to the User without reservation.
(5) Individual agreements concluded with the User in any individual case (including collateral agreements, additions and modifications) shall take precedence over these Terms in each case. For the content of such agreements, a written contract or the written confirmation of VINN shall be decisive.
(6) Legally relevant declarations and notices which are to be issued by the User to VINN after conclusion of the agreement (e.g. setting deadlines, notice of defects, rescission or reduction in price) shall require written form validity.
§ 2 Provision of the App, Licenses and Product Data
(1) The App shall be provided by remote data transfer (“Download“) using the Apple Inc. (“Apple“) App Store.
(2) All rights to the App are held exclusively by VINN and the individual licensors thereof. The App is protected by copyright and by international agreements for the protection of intellectual property.
(3) VINN shall grant the User the non-exclusive, non-sublicensable, non-transferable and permanent right to use the App which is delivered in the object code in the scope defined in these Terms. This shall include the right to install and use the App on a mobile Apple device (iPhone, iPod Touch, etc.) which is owned thereby or which is lawfully subject to the disposal thereof (hereinafter, “Device“), provided such use does not violate the Apple Media Services Terms and Conditions.
(4) The User may not disseminate the App or make it available to third parties, and may not lend, lease or rent out, sell or otherwise distribute the App.
(5) The User may use the App on every suitable Device available thereto. Use of the App on more than one Device simultaneously shall be expressly prohibited. If the App is to be used on multiple Devices at the same time, a separate license must be acquired for each installation by downloading the App again.
(6) The User may make a copy of the App for back-up purposes provided the Device on which the back-up copy is stored is owned by the User or subject to the disposal thereof. The User shall be required to prevent unauthorized third-party access to the back-up copy and the App by taking suitable precautions.
(7) The User may only edit the App, e.g. by making additions and modifications thereto, insofar as such editing is expressly permitted by mandatory law or is contractually stipulated. VINN hereby points out that even slight modifications may result in substantial unforeseeable disruptions in the working of the App. Copyright notices, serial numbers, version umbers, trademarks and other identifying features of the App may not be altered or removed under any circumstances. The same shall apply for suppressing the on-screen display of such features.
§ 3 Technical Requirements
(1) The App was originally developed for use on an Apple iPhone, but supports other Apple devices as well. The App requires a Version 8.0 operating system or higher . A current version of the operating system is recommended. Although VINN will endeavor to adapt the App to new versions of the operating system and new versions of mobile devices and to make the App available on those devices, the User shall have no right to such an update.
(2) The User shall be responsible for verifying and ensuring the suitability of the device intended thereby for installation of the App with regard to the aforementioned technical requirements.
(3) VINN reserves the right to revise the technical requirements at any time at its own discretion.
(4) The User shall be obligated within the bounds of the duties of due care thereof to ascertain, prior to installing the App, whether such installation could lead to conflicts with software which is already installed on the device and to ensure that the User has back-up copies of all the data thereof.
§ 4 Liability and Warranty
(1) VINN shall only be liable for intentional action and gross negligence. Additional claims of the User to damages and reimbursement shall be excluded regardless of the legal grounds, and particularly claims based on the breach of duties arising from obligations and duties in tort.
(2) VINN shall only be liable for material defects and defects in title if VINN maliciously conceals a material defect and/or defect in title in the App from the User. Any additional liability or warranty for the freedom of the App from material defects and defects in title shall be excluded.
§ 5 Special Provisions with Regard to Apple
(1) These Terms shall apply between VINN and the User, and shall not apply to Apple. VINN alone shall be responsible for the App and the content thereof.
(2) Apple shall not be obligated to render support performances or other services for the App.
(3) VINN alone shall be responsible in relation to Apple with regard to warranties for possible defects in the App.
(4) Furthermore, VINN alone shall be responsible in relation to Apple for all claims of the User or third parties with regard to the App and possession and/or use of the App by the User, including product liability claims, applicable statutory or regulatory requirements, consumer protection regulations and similar rules. If a third party asserts claims alleging that the App or possession and/or use of the App by the User infringes upon the intellectual property thereof, VINN alone shall be responsible in relation to Apple for investigating, defending against, settling and satisfying such claims.
(5) The User’s questions about the App may be directed to the address, phone number and e-mail address below:
+49 (0)2151 48442-0
§ 6 Governing Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply for provision of the App and all legal relations in connection therewith between VINN and the User. The application of the UN Convention on the International Sale of Goods (CISG) shall be excluded.
(2) Insofar as the User is a merchant in terms of the German Commercial Code, the User is a legal entity under public law or a fund in public law, or the User does not have a general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction shall be the registered office of VINN. However, VINN shall remain entitled to file suit or initiate other judicial proceedings at the User’s general place of jurisdiction.
§ 7 Final Provisions, Written Form
(1) The User hereby confirms and represents that the User does not reside/is not located in a country which is subject to an embargo by the US government, a country which is classified by the US government as “supporting terrorism” or a country which is included in a US government list with export prohibitions or restrictions.
(2) Modifications and additions to these Terms shall require written form. This shall also apply for modifications to this written form requirement. The written form requirement shall not be satisfied through the use of e-mail or another form of electronic communication.
(3) If individual provisions of these Terms are or become invalid or impracticable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a provision which comes as close as possible to the economic purpose of the invalid provision shall apply. The same shall be the case in the event of gaps in the Terms.
(4) Insofar as these Terms are translated into other languages, only the original German version shall be decisive for interpretation of the Terms.
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