General Terms and Conditions
for using the upgrade mediation of the platform www.upgradetoheaven.com
between Upgrade to Heaven GmbH, Baaderstraße 19, 80469 Munich, recorded in the commercial register of the Local Court of Munich under HRB 226596, represented by the General Managers Marina Bauernfeind and David Löwe, each authorised to represent the company individually, with turnover tax identification no.: DE 307510675 – hereafter referred to as the „supplier“ – and the customer designated in § 2 of the contract – hereafter referred to as the „customer“ – are concluded.
§ 1 Scope, definition of terms
(1) For the business relationship between the Upgrade to Heaven GmbH (hereafter referred to as the „supplier“) and the customer (hereafter referred to as the „customer“) there apply exclusively the following General Conditions in their version that is valid at the time of registration on the internet page www.upgradetoheaven.com. Divergent conditions of the customer are not recognised, unless the supplier expressly consents to their applicability in writing.
(2) The customer is a consumer, in so far as the purpose of the ordered deliveries and services cannot be primarily attributed to his commercial or self-employed professional activity. By contrast, an entrepreneur is every natural or legal person or partnership with legal capacity which, at the time of conclusion of the contract, acts in the exercise of its commercial or self-employed professional activity.
§ 2 Registration
(1) Prerequisite for participation in „Upgrade to Heaven“ is – in addition to acquiring the respective current edition of the book „Upgrade to Heaven“ – the registration on our Internet page www.upgradetoheaven.com. Only natural persons, legal entities and partnerships that are competent to contract without limitation are allowed to open a customer account. Minors are specifically prohibited from participating in „Upgrade to Heaven“.
With the full indication of the mandatory information on the registration form as customer and the sending of these data by clicking on „complete registration”, the customer gives a binding offer for the use of the Internet page as customer. The required minimum data are, in so far as not otherwise indicated on the registration form: e-mail address, title of address, first name, last name, street, postal code, place, country and date of birth. These data must be completely and correctly indicated. Furthermore, the customer must enter an individual password. The right to participate is confirmed by entering the individual participant number, which is contained in the book or on the individual „Upgrade to Heaven“ participant card.
(2) The registration does not oblige the customer to book or participate in the „Upgrade to Heaven“ programme. The customer can break off the registration process while entering his data at any time simply by closing the browser window/the tab.
(3) The acceptance of the customer’s offer is done by the supplier activating his e-mail address and the indicated password for logging in on the internet page. The customer is generally notified about the activation by a separate e-mail. A contract is concluded between the supplier and the customer on the use of the „Upgrade to Heaven“ services. There is no obligation to contract.
(4) The contract is concluded in either German or English.
§ 3 Contents of the contract / duties of the supplier
(1) The supplier has concluded an agreement with the hotel company presented in the respectively current „Upgrade to Heaven” book („the book”) and on the internet page, which entitles the purchaser of the book, within the action period indicated in the book, in the event of a booking to obtain special upgrades or services that are free for the customer. Obligor of these services vis-à-vis the customer is the respective hotel company, not the supplier. The supplier makes its internet page available to the hotel company and the customer as a platform, over which the customer can legitimate himself as being entitled to participate vis-à-vis the hotel company and can trigger a booking process with the hotel company.
(2) The service descriptions given in the book as well as on the supplier’s internet page do not yet constitute a binding offer to the customer. Rather it is an invitation to the customer to submit a request to conclude a contract in the above-described sense, i.e. vis-à-vis the respective hotel company.
(3) The supplier is not liable for any misprints that may appear in the book. The seller assumes no liability in the event that an upgrade cannot be or is not honoured by the participating hotel company.
§ 4 Duties of the customer
(1) With regard to the customs of online commerce, the customer is obliged to access his e-mail address as given during registration at regular intervals (at least once within three working days).
(2) The customer bears responsibility for the fact that he has a corresponding demand for services or travel bookings that he requests via the supplier’s Internet page.
(3) The customer is obliged to keep his access data to the supplier’s Internet page confidential and to protect them against unauthorised access by third persons.
(4) The supplier is entitled to close a customer account and/or to cancel the use contract if incomplete or false mandatory information were provided, or the customer in question seriously violates the contract with the supplier or these General Conditions.
§ 5 Liability
(1) Claims of the customer for damages against the supplier are excluded. Excluded from this are claims for damages of the customer deriving from harm to life, limb or health or from the violation of essential contractual duties (cardinal duties) as well as the liability for other damages that rest on an intentional or grossly negligent violation of duty of the supplier, of its legal representative or vicarious agents. Essential contractual duties are ones whose fulfilment is necessary for the achievement of the objective of the contract.
(2) In the event of violation of essential contractual duties, the supplier is only liable for the foreseeable damage that is typical for the contract, if this was caused in a simply negligent manner, unless it involves claims for damages of the customer deriving from harm to life, limb or health.
(3) The limitations of the paragraphs 1 and 2 also apply in favour of the legal representative and vicarious agents of the supplier, if claims can be enforced directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 6 Cancellation policy
(1) In principle, after having concluded a remote transaction, consumers have a statutory right of cancellation, about which the supplier provides the following information in accordance with the statutory model. The exceptions to the right of cancellation are regulated in paragraph (2). A model cancellation form is contained in paragraph (3).
Right of cancellation
You have the right to cancel this contract within fourteen days without any obligation to specify your reasons for doing so.
The cancellation period amounts to fourteen days as of the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods.
in order to exercise your right of cancellation, you must inform us (Upgrade to Heaven GmbH, Baaderstr. 19, 80469 Munich, firstname.lastname@example.org) by means of an unambiguous statement (e.g. a letter sent by post, telefax or e-mail) about your decision to cancel this contract. For this you may use the attached model cancellation form; however, this is not required.
To preserve the cancellation period it suffices that you send off the communication about the exercise of the cancellation right before the cancellation period expires.
Consequences of the cancellation
If you cancel this contract, we must reimburse to you all of the payments that we received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you chose some other type of delivery than the favourably-priced standard delivery offered by us), immediately and at the latest within fourteen days as of the day on which the communication concerning your cancellation of this contract reached us. For this reimbursement we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances are fees charged to you for this reimbursement.
We can refuse the reimbursement until we have received the merchandise back or until you have provided proof that you have sent back the goods, whichever is earlier in time.
You must send back or turn over the goods to us immediately, and in any case at the latest within fourteen days as of the day on which you informed us about the cancellation of this contract. The period is satisfied if you have sent off the goods prior to expiry of the fourteen-day period.
You bear the immediate costs for sending back the goods.
You must cover a possible loss of value of the goods only if this loss of value is due to your handling of them in an unnecessary manner in order to test the composition, characteristics and functioning of the goods.
(2) The right of cancellation does not exist for contracts concerning the delivery of sound or video recordings or computer software in a sealed package, if the seal was removed after the delivery.
(3) The supplier informs about the model cancellation form under the statutory regulation as follows:
Model cancellation form
(If you wish to cancel the contract, please complete this form
and send it back.)
— To Upgrade to Heaven GmbH
— Baaderstr. 19
— 80469 Munich
— I/we hereby withdraw (*) from the contract concluded by me/us (*)
concerning the purchase of the following goods (*)/ the performance of the following
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for communication on paper)
(*) Delete what is not applicable
§ 7 Adaptation of these conditions
The supplier reserves the right to change these General Conditions in the future. The supplier is obliged to notify the customer in text form of any change of or supplement to the general terms and conditions at the latest four weeks before they enter into effect. The customer can object to the adaptation of the General Conditions in the event that he does not agree with the change via a communication to the supplier by e-mail to email@example.com. If the objection is not made within a period of four weeks, the changes shall apply upon expiry of the period as if they had been approved by the customer. As a result, the changed or supplemented General Conditions shall also become an integral part of the concluded contract. In the notification about changed conditions, the supplier shall expressly draw the customer’s attention to the consequences of his silence under p. 4.
§ 8 Data protection
(1) The data protection explanation [Link] and Cookie Directive [Link] are elements of these conditions.
(2) The supplier may process and save the respective use contracts concerning data, in so far as this is required for the implementation and processing of the use contract and as long as we are obliged to preserve this data on the basis of the statutory provisions. The supplier reserves the right to transmit personal data of the customer to credit agencies, in so far as this is required for the purpose of a credit evaluation, presuming that the customer hereby declares his express consent in the individual case. Otherwise the supplier shall not pass on to third parties personal data of the customer without the latter’s express consent, except in so far as we are legally obliged to make such disclosure
(3) We are not allowed to collect, transmit or otherwise process the customer’s personal data for purposes other than those specified in this clause 10.
§ 9 Intellectual Property
(1) The supplier grants to the customer a restricted, personal, non-transferable, non-exclusive and revocable authorisation for accessing and using the internet page within the framework of these conditions as well as any additional provisions and guidelines that are adopted by the supplier. All intellectual property rights including designs, texts, graphics, images, data as well as possible software programs remain our property, or that of our licensor.
(2) Material within the meaning of para. 1 may not be in whole or part reproduced, distributed, changed, published or otherwise transferred or sold, leased or licensed, without securing express authorisation from the supplier or the holder of the copyrights in advance. In so far as corresponding reproductions are legally permissible, the supplier must be named as the rights holder.
(3) „Upgrade to Heaven“, the logo and variations of this logo are the intellectual property of the supplier. Other signs not belonging to the supplier on the internet page can fall under license rights of the respective trademark proprietor. Use of such names, logos, trademarks or brands of the supplier or its partners is not permitted without express consent.
§ 10 Online dispute resolution
In accordance with Art. 14 of the EU Regulation (EU) no. 524/2013, for alternative dispute resolution in consumer issues the European Commission’s Online Dispute Resolution (ODR) platform is available and can be accessed via the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies to contracts between the supplier and the customers, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal provisions on limitation of the choice of law and on the applicability of compulsory regulations, especially of the state in which the customer as consumer has his habitual residence, remain unaffected.
(2) In so far as the customer is a businessman, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes from contractual relations between the customer and the supplier shall be the supplier’s registered office (Munich).
(3) The contract also remains binding in the event of legal invalidity of individual points in its other parts. The invalid points shall be replaced by the statutory provisions, in so far as present. In so far as this would constitute an unacceptable hardship for one contracting party, however, the contract as a whole shall become legally ineffective.