Giggle has developed a software for tourism entrepreneurs (especially hotels and restaurants), which enables them to communicate internally as well as externally, especially regionally tourism-relevant services and other activities, electronically to their guests. This software is called Giggle Tips (hereinafter referred to as "Giggle Tips").
The user is not permitted to interfere with the software supplied by Giggle, in particular to make changes and/or additions to it, or to reproduce it.
It is hereby stipulated that the rights of use to the content made available by Giggle lie exclusively with Giggle and that the use thereof is only permitted during a valid contractual relationship. The user may not reproduce, modify, duplicate, resell or use for any other purpose any intellectual property or other user-interface content without the prior written consent of Giggle. Giggle is entitled to use the content, as well as the brand of its users or customers to promote the company. If no express objection is made in writing, Giggle GmbH is entitled to name its customers to the full extent and on all media for sales purposes.
The user shall refrain from altering or removing copyright notices, trademarks and the like of Giggle on, or in connection with, the subject matter of the contract. Giggle shall be entitled to name, and represent the user on its homepage, in all online and offline media as well as in any other advertising measures; this in word, image or writing (so-called reference advertising). This right extends to all possible types of use. The user has a written right of objection to this - to be exercised within one month of becoming aware of it. If the user exercises the right of objection, Giggle shall remove the corresponding reference advertising and refrain from any further naming or representation of the user.
Each user shall bear full responsibility, in particular with regard to content, for the information and data of any kind provided by him. Giggle shall only be liable for damages in the event of intent or gross negligence, as well as in the event that Giggle has provided certain features to the user but has not fulfilled them. Liability for slight negligence is - as far as legally permissible - excluded, as is compensation for consequential damage and financial loss. In the event of a loss of data, Giggle shall not assume any liability for the recovery of data; this shall not apply in the event that Giggle has caused the loss of data intentionally or through gross negligence. Giggle guarantees its users a DSGVO-compliant handling of their personal data. Please refer to this link for the exact data protection provisions regarding the DSGVO. Furthermore, Giggle assumes no liability for a failure of the server. During the warranty period, Giggle shall remedy program errors within a reasonable period of time, which are communicated by the user in writing in a comprehensible form. The user shall bear the costs for the examination of notified program errors relating to the use of Giggle for which Giggle is not responsible. Any warranty and claims for compensation shall lapse if the user interferes with the software supplied by Giggle, in particular making changes and/or additions, or installing or using software from other manufacturers in addition to this software. The warranty shall commence upon delivery of the software; the warranty period shall be 12 months. The user shall have no claim to permanent accessibility of its user interface. Giggle shall be free at any time to shut down the server temporarily or permanently, as well as to change or delete the contents stored there. The user shall procure the required Internet browser software himself. The user shall bear all costs incurred, for example, in provider and telecommunication fees for downloading and uploading. Although the content of this website is created with the utmost care, Giggle does not guarantee the timeliness, accuracy, completeness or quality of the information contained in Giggle. The user interface may contain hyperlinks to third party websites. Giggle accepts no responsibility for the content of these websites and is not responsible for their content. Their use is at the user's own risk.
Telephone support or support by e-mail is covered by the user-fee within the usual scope; however, this applies exclusively in the event of technical malfunctions of the software. Technical support according to the previous paragraph does not include explanations regarding the operation of the software, services on the user's computer systems or network as well as installations of the software and its updates and therefore subject to a charge.
Giggle is entitled to use the services of third parties to fulfill its obligations. The user's consent is not required, nor is the user entitled to object.
Last Modified 27.01.2020
The use of the user interface is enabled by entering the protected access data transmitted by Giggle. In doing so, the user is permitted access and thus use on several devices, but only those belonging to his company. The user is not permitted to make his access data received from Giggle accessible to third parties in accordance with the aforementioned point or to hand it over to third parties. Should the password become known to unauthorized persons, the user is required to change his password immediately.
The right of use pursuant to item 4 is not transferable by the user, regardless of the form; the transfer of Giggle Inclusive to third parties is not permitted. In the event of a breach of this provision, Giggle shall be entitled to compensation for the damage it has incurred; this shall amount to at least a flat rate of one annual usage fee. Any further claims for damages by Giggle shall not be affected by this provision. It is noted that Giggle is entitled to transfer all of its rights and obligations to companies of its own group of companies. In this case, all provisions set forth in this Software Usage Agreement shall be transferred; the user shall have no right to object thereto.
The Provider is entitled to adjust the respective price list a maximum of once per quarter to changing market conditions, in the event of significant changes in procurement costs, changes in sales tax or procurement prices. The Provider undertakes to inform its Customers about this in due time by e-mail. In the event of incomprehensible price increases that significantly exceed the regular increase in the cost of living, the customer has the right to terminate the contract. He shall be notified of this by the supplier in text form in such cases."
Last modified 27.01.2020
Via different displays, called app and widgets on Giggle, users can find out about the experiences offered by individual hosts and vacation regions. As a collaborative recommendation system, Giggle uses the accumulated behavior of its users to personalize the selection of experiences displayed accordingly. No personal data is stored for this purpose. The individual experiences consist of hotel-internal or regional services and activities that the host would like to offer his guests. All experiences can be requested or reserved directly via Giggle, at the desired date.
There are no verbal ancillary agreements to the Software Usage Agreement or to the General Terms and Conditions of Business; amendments and supplements must be made in writing to be legally effective. This shall also apply to any waiver of this written form requirement. If any provision of these General Terms and Conditions is invalid, the contracting parties hereby expressly undertake to agree on legally valid provisions which come as close as possible to the economic purpose of the invalid provision. The validity of all other provisions shall not be affected by the invalid provision. All rights and obligations arising from the GTCs shall pass to any legal successors of the contracting parties and shall be transferred to the legal successors accordingly.
Should individual provisions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.
For individual contracts with de Giggle GmbH as well as for the General Terms and Conditions, German law shall apply with the exception of the provisions of German international private law. The place of jurisdiction is Berlin.
Please feel free to contact us by email firstname.lastname@example.org. © 2020 Giggle GmbH, All rights reserved.