1. General
The following General Terms and Conditions are part of all quotations services, delivery and contracts with Patoga. Sub-agreements, amendments and supplements require the written form and shall be valid only if expressly confirmed in writing. External purchase conditions shall be valid only to the extent to which they comply with these General Terms and Conditions. Any registration with Patoga is free of charge if supplied with the following entries: company name, street address, postal code, place, country, phone no., fax no. reservation inquiry, category, stars rating, single room starting from, double room starting from, room, short description, distance: motorway, railway station, airport, city centre and fair ground. All other possible data are subject to charges (Web-Link, banner ads, etc.). The stars rating listed in the search results is the result of the voluntary classification of the registered companies. Hotels, etc. without any stars rating did not participate in the voluntaray classification of their operations. Any conclusion to their standard is not associated with this. All details included in the accommodation record are based on the data supplied by the registering party; any liability for the correctness and completeness of these is excluded. Patoga shall not be responsible for literal errors, ommissions, price details, etc. With the transfer of the data (free and payable registration), the party registering agrees to the publication of its data in the Internet. In addition, the party agrees to receive information about Patoga via e-mail.

2. Formation of Contract
A contract on the use of services in Patoga is formed with the dispatch of the registration in Patoga. The customer has to verify the services of Patoga for their correctness immediately after their clearance. Any errors have to be claimed within a period of 14 days after registration. Note on right of revocation: a free-of-charge registration with Patoga can be cancelled at any given time. This revocation has to be made in writing. Any deletion of data, however, can be made after conclusion of all open transactions.

3. Scope of Services
3.1. The scope of services is given in the performance specification of Patoga and in the details in the contract referring to these. In the above cases, the contractual terms are extended automatically by the duration of the corresponding terms. The termination of the contract shall require the written form. Rendering of account upon order placement.
3.2. Patoga reserves the right to extend, change, improve services and to reduce them for compelling reasons.
3.3. To the extent that Patoga renders free serves, these can be discontinued at any time and without notice in advance. No claim whatsoever for reduction, compensation or damage can be derived from this.

4. Prices
All prices are exclusive the applicable VAT of currently 16%. The price list applicable at the time of the order placement shall apply. Our offers are subject to confirmation and non-binding.

5. Liability
5.1. Patoga is not liable for the information conveyed through its serves, i.e., neither for its completeness, correctness or relevance nor from being free from rights of third parties or for the sender acting illegally. The customer shall be responsible himself for all contents of his information and links to his website and shall make availabe to Patoga for free use all indicated data (pictures, texts, etc.). Patoga shall not assume any liability for the prices or availability of the rooms as indicated by the registering party. The same shall apply also for other services which are included in the indicated prices.
5.2. Patoga will not verify the data or links indicated by the customer and reserves the right to terminate the Terms and Conditions of Use at any time if they infringe applicable law or are contrary to public policy. The customer shall be liable for all consequences and detriments which Patoga and third parties incur due to the abusive or unlawful use of Patoga services or which arise if the customer fails to observe his duties resulting from the concluded contract. Patoga shall not be liable in case of loss or damage of the data made available by the customer, unless if done intentionally or caused by gross negligence.
5.3. Upon failures of services due to a malfunction which is outside Patoga´s sphere of responsibility, charges will not be reimbursed. Downtimes will be reimbursed only if Patoga or one of its agents in the discharge of an obligation culpably caused the failure and the downtime extends over a period of more than three workdays. Patoga guarantee an service availability of the domain of 97 %. Per month, we are entitled to appropriate 3% of the operating time for maintenance work. Our service, liability and damage claims are limited to the order value.
5.4. The user cannot hold Patoga responsible for any failures or delays in the delivery of the contents or for decisions or contacts which are based on these data. Patoga will make all efforts to provide a best possible operability of its Internet services. Claims on behalf of the user are expressly excluded. The user hereby assures that he uses all pages at his own risk and will not hold responsible the operator for any failures or delays in the delivery of the contents or for decisions based on these data.
5.5. The customer assures that his Web page to which a link is set, will not infringe a trademark of any third-party company. Furthermore, the customer assures that the name of the website is not protected by trademarks. In the event that claims of third parties are raised against Patoga due to such rights, the customer is obliged to indemnify and hold harmless Patoga. The customer undertakes to inform Patoga in writing forthwith about any changes of the URL determined within the scope of the rights contract so that the entry in Patoga can refer to the customer´s correct URL at all times.

6. Default in Payment
6.1. Invoicing will be made immediately via email upon order receipt, invoices have to be paid within 11 days. Upon default in payment by the customer, Patoga is entitled to suspend the customer´s entry or cut or reduce the datas of the entry until payment has been received. Any suspension of the ad placement shall not relieve the customer from paying invoice amounts due.
6.2. Furthermore, Patoga is entitled to charge interests in the amount of 4 percent above the central bank rate of the Deutsche Bundesbank starting from the due date. Proof of a higher interest damage shall be reserved.
6.3. Patoga reserves the assertion of additional claims for default in payment. Patoga is entitled to assign its rights and duties from the rights contract wholly or partially to a third company.

7. Data Protection/Data Safety
7.1. The customer permits the publisher to store the personal data received within the scope of the business relationship. The customer agrees that within the scope of the contract entered into with him, data about the object are stored, changed and/or deleted and transferred to third parties (users of the Patoga search engine), to the extent that obvious interests of the customer are not infringed by the transfer.
7.2. In accordance with § 33 Sub-section 1 of the Bundesdatenschutzgesetz (German Federal Law on Data Protection) hereby is informed that Patoga processes the contract-related data in machine-readable form and for tasks which result from the contract. To the extent that Patoga makes use of the services of third parties to render the services offered, Patoga is entitled to disclose the customer´s data if this is required to ensure the operation.
7.3. The customer shall exempt Patoga from any claims whatsoever of third parties as regards the data made available. To the extent that data, regardless their form, are transmitted to Patoga, the customer shall produce backup copies. Patoga is backed up on a regular basi. In the event of a loss of data, the customer shall be obliged the transfer the corresponding data over again free of charge to Patoga. The customer is informed that it is possible during the transfer route to change or falsify transferred data. The customer accepts this risk. Should a modification and/or falsification of your data become known or be transferred, we will restore the "original condition " free of charge again.
7.4. Patoga uses so-called "Cookies". These are set during registration and contain a "Session-ID" (session cookies) which authenticate the user during his active session. Cookies will not be stored permanently on the harddisk.

8. Registration
Within the scope of your registration, you are expressly referred to the collection of data. All compulsory data for the scope of which you are referred to in the application form, are required and processed for the setup of the contractual relationship.

9. Newsletter
The subscription of the newsletter to which you subscribed can be withdrawn at any time. The provision of the data marked as voluntary data is not required for the registration process. Your voluntary data are evaluated for statistical purposes only.

10. Reservation Inquiries / Bookings. etc.
Patoga will not assume any liability whatsoever for any contacts (such as reservation inquiries and bookings, etc.) which are established as a result of the search results of Patoga with an address found in Patoga. All claims and duties resulting from this exist directly and exclusively between the user of Patoga and the hotel selected by him.

11. Place of Jurisdiction
Place of jurisdiction for all contracts concluded with Patoga is for fully qualified merchants Münster/Westf. The German law applies for legal relationships between the customer and Patoga.

12. Final Provisions These General Terms and Conditions shall be the basis for any business relationships with Patoga. They shall apply also for any future business relationships without repeated express agreement. With the dispatch of the registrations in Patoga, the General Terms and Conditions shall be deemed as accepted. Counter-confirmations of the customer making reference to his general terms and conditions of purchase are contradicted herewith. Agreements which deviate from the General Terms and Conditions of Patoga shall require the written form.

13. Miscellaneous
All data were put together with utmost care. No liability whatsoever is assumed for any possible error during data collection or data transfer. The acceptance of data into other data carriers, also in excerpts, or the use for other purpose than those intended here, shall be permitted with the express consent of Patoga only.

14. Severability
ClauseIn case of an invalidity of the above provisions, the validity of the remaining provisions shall remain unaffected. The invalid clause then shall be replaced by another clause economically and in ist intention which comes as close as possible to the invalid clause. The same shall apply if an incompleteness requiring completion becomes obvious in the execution of the contract.
Version 04 Mai, 2004