SENTIDO Hotels & Resorts GmbH, Thomas-Cook-Platz 1, 61440 Oberursel, Germany, is merely the sales agent for the accommodation services in hotels, offered on these pages. In the event of a booking the contractual agreement is exclusively concluded between you and the respective hotel.
The following terms and conditions, therefore, apply exclusively to our agency activities. Reference is made to the relevant General Terms and Conditions of Business of the hotel, which become part of the contract when you enter into an agreement.
I. AGENCY INSTRUCTIONS
1. On completing a booking procedure, you instruct us to arrange accommodation in a hotel of the company you have selected. You are bound by your booking instructions (contractual offer) for a maximum of 24 hours. If we or the company have not confirmed the booking by this time in writing, by telephone, by e-mail (electronic mail) or in any other way, you are no longer bound by the instructions.
2. Our contractual commitment shall be restricted to the arrangement of the offered and existing services. The provision of services themselves is not part of our contractual duties.
II. LIABILITY RESTRICTION, STATUTE OF LIMITATIONS
1. Insofar as we have not assumed a particular contractual duty through explicit agreement with you, we shall not be liable for the conclusion of contracts corresponding to the booking request with the companies for which we act as an agent.
2. Without explicit agreement or warranty in this respect, we shall not be liable with respect to the arranged services themselves for faults in the provision of services and for personal injury or damage to property which you may sustain in connection with the service arranged.
3. Our liability arising from the culpable infringement of agency duties shall not be affected by the above provisions.
4. In the case of any infringements of duty on our part, we shall only be liable for wilful intent and gross negligence, and in the case of personal and/or bodily injury, the infringement of warranties or essential contractual duties (“cardinal duties”) we shall be liable to an unrestricted extent. Furthermore, our liability is restricted to the amount of damage that is typical of and foreseeable for the contract to a maximum of three times the price of the service arranged.
5. Contractual claims against us due to an infringement of our agency duties shall become statute-barred within one year, starting from the end of the calendar year in which the claim arose and in which you learned of the circumstances substantiating the claim or ought to have learned without gross negligence. Claims on the grounds of personal injury or due to guarantees or due to an infringement of essential contractual duties or from tort shall be subject to the statutory limitation period.
The services shall be paid by credit card or by an alternative payment method directly to the service providers in accordance with the Terms and Conditions of the latter.
IV. BOOKING CONFIRMATION; TRAVEL DOCUMENTS
We shall not assume any liability for the loss of travel documents.
V. REBOOKING, CANCELLATIONS, ROOM ACCESS, ARRIVAL
1. Rebooking or cancelling booked and confirmed services or withdrawing from these shall only be possible in accordance with the Terms and Conditions of the respective service providers. The costs for rebooking or withdrawal shall be determined by these Terms and Conditions.
2. Please take note, that check-in time is usually at 02:00 p.m; the departure time no later than 12:00 a.m.
3. Your reservation will be maintained until 06:00 p.m. on the arrival day. After that the reservation will be canceled under the rules of sentence 1 except when you announce a late arrival.
VI. PASSPORT, VISA, CURRENCY OR HEALTH REQUIREMENTS
Please inform yourself about passport, visa, currency or health requirements for your travel destination.
VII. WARRANTIES ON YOUR PART; LIABILITY
1. You agree that you are liable for any use of this website by you and for the use of your account by others, in particular by minors (under 18 years) living within your household.
2. You agree to monitor any use of this website by minors acting in your name and for your account. You furthermore warrant that all information provided by you or members of your household when using this website is correct and complete.
3. Any speculative or incorrect booking, any booking made with deceitful intent or any booking made in the expectation of a rise in demand is forbidden without restriction. The possibility to book travel on this website may only be used for lawful bookings for you or for any other person in whose name you may lawfully act.
The flight services offered by us are provided directly from international flight booking systems in part or directly linked to these. These offers frequently contain regulations in English that may have an impact on the type and extent of the travel services offered. You hereby recognise that any such English information is also binding on you in relationship to the respective travel provider. If there are any difficulties in understanding you may receive assistance via the service numbers stated.
IX. USE OF THE WEBSITE
1. The use of this website by you is granted on condition of your consent to the following provisions. If you do not agree to these provisions, then you are not entitled to use this website.
2. This website is intended for your personal and non-commercial use. You may not alter, copy, market, transfer, exhibit, demonstrate, multiply, publish, license, create derived works and may not assign or sell information, software, products or services that you obtain via this website.
3. You may not use this website and the services such that you infringe applicable law of the Federal Republic of Germany or these Terms and Conditions of Use.
X. LINKS TO THIRD PARTY WEBSITES
Hyperlinks on this website are only provided to you as information. We do not check any such websites and are not responsible for their content. The incorporation of hyperlinks of such websites implies neither an approval of the material on such websites nor any connection with their operators.
XI. USE OF USER-GENERATED CONTENT
We welcome your posts and believe others would benefit from seeing them on our website and Social Media channels (Twitter, Facebook and Instagram).
By replying to our post with #agree, you will be giving the SENTIDO Hotels & Resorts GmbH, its subsidiary and associated companies (referred to individually and collectively as “Thomas Cook”) permission to make use of your posts on the following terms and conditions. However, if you do not agree to these terms and conditions, we completely understand and you should not reply.
1) You represent and warrant that you are the sole owner of the photo/comments/text/video (as applicable), hereafter called the “content”, and that no-one else can claim ownership of any part of the content, and any use by SENTIDO Hotels & Resorts GmbH will not infringe the rights of any third party.
2) You grant SENTIDO Hotels & Resorts GmbH a non-exclusive and non-revocable commercial right to reproduce the content in any form (including, but not limited to, video, internet posting, reproduction, display, email, publication, and distribution), either through our own services or services provided by third parties, throughout the world in any medium now known or later developed and without restriction or limitation.
3) You agree that your content may be used by SENTIDO Hotels & Resorts GmbH to create derivative works either alone or in conjunction with sketches, cartoons, captions, films, art work, textural matter or other photographs.
4) You agree that your permission for SENTIDO Hotels & Resorts GmbH to use your content is not contingent upon SENTIDO Hotels & Resorts GmbH giving you credit for such content.
5) You waive any right to inspect and/or approve the finished work incorporating the content that may be used in connection therewith or the use to which said finished work may be applied.
6) You waive any rights and claims to royalties or payments of any kind with regards to your content or our finished work.
7) Where content contains any image of a person other than yourself, you confirm that you have obtained the permission of that other person (in case of minors of all parents of legal guardians) to release the content to SENTIDO Hotels & Resorts GmbH on the terms of this Permission To Use Content Agreement. SENTIDO Hotels & Resorts GmbH accepts no liability whatsoever for any failure on your part to obtain prior permission.
8) You agree that if any part of this Agreement is deemed to be invalid under any statute or rule of law, then the relevant part only shall be omitted, and the remainder of this Permission to Use Content Agreement shall remain in full force and effect. This agreement shall be governed by German Law.
XII. GENERAL, PLACE OF JURISDICTION, GOVERNING LAW
1. These provisions and the contractual relationship concluded between you and us are subject to German law.
2. If your residence is not in a member state of the EU the place of general jurisdiction for lawsuits against SENTIDO Hotels & Resorts GmbH is Oberursel, Germany and the validity of German law shall be agreed.