Terms and Conditions
1. Scope of application
profitrip GmbH (hereafter: "roomsXXL.com.au") operates a website for hotel bookings under www.roomsXXL.com.au. On this website, you can search for and book hotel accommodation (hereafter "travel service") offered by different providers. roomsXXL.com.au only operates as intermediary. roomsXXL.com.au itself does not provide travel services. In case of a booking, the contract relating to travel services comes about solely between you and the respective provider.
The Terms and Conditions (T&C) apply to all uses of www.roomsXXL.com.au. Differing, conflicting or additional terms and conditions are not included unless their validity has been expressly agreed.
2. Use of this website
You have to be of full age and possess the legal authority to enter a binding legal obligation in order to undertake bookings on this website. Once you have made a booking, upon request you may have to send roomsXXL.com.au a copy of your identity card or passport. A claim to use this website or make bookings does not exist. This especially applies to users who have already become conspicuous through no-shows without canceling or outstanding invoice amounts.
3. Contractual content between user and roomsXXL.com.au
Upon submission of your personal information and completing the reservation process, you commission roomsXXL.com.au to mediate the provision of a travel service. You are contractually tied to your booking order. Before completing your booking, you may modify or correct travel dates. The contractual obligations of roomsXXL.com.au are limited to the mediation of offered and bookable travel services. roomsXXL.com.au is neither the supplier of nor the contractual partner for the travel service. Instead, the travel service is provided by a third party travel supplier, so that it is not the contractual obligation of roomsXXL.com.au to provide the travel service. The German travel contract law (§§ 651a ff. BGB) does not apply to the contractual relationship with roomsXXL.com.au.
The booking is made by you directly through selecting and confirming a travel service listed on roomsXXL.com.au. A booking is understood to be the offer to you to make use of services listed on roomsXXL.com.au. You are liable to submit the data required for the booking in a truthful and complete manner. Your booking is accepted as valid by roomsXXL.com.au only from the moment that you have been provided with a download link for a hotel voucher valid for the booked hotel. You are obliged to verify promptly after a booking that a voucher is available for download. You must inform roomsXXL.com.au immediately if this is not the case. In addition, you are obliged to immediately check the hotel voucher for its correctness. You have to inform roomsXXL.com.au e.g. by emailing service[at]roomsXXL.com.au in case any of the information on the hotel voucher deviates from the original booking immediately after detecting the mistake.
The completion of the contract for the travel service is exclusively between you and the provider of the travel service. For this reason it is refered to the general terms and conditions of the provider. Complaints about the travel service must be made directly to the service provider during the trip and immediately after the occurrence of defects. roomsXXL.com.au is to be informed about the complaints simultaneously in writing. Contractual party to the provider is you who made the booking. The transfer or resale of travel services booked with roomsXXL.com.au is prohibited. The same applies to the transfer or sale of claims against providers of travel services. Any booking undertaken with speculative or fraudulent intent or for the exploitation of obviously wrong pricing is prohibited.
You are not allowed to book more than five rooms in the same hotel for the same period on roomsXXL.com.au. If roomsXXL.com.au detects that you have reserved a total of more than five rooms under separate reservations, these bookings can be canceled by roomsXXL.com.au and cancelation fees may be charged. Should the unauthorized bookings remain unnoticed, the travel provider may charge you a different (usually higher) price. If you would like to book more than five rooms, please contact roomsXXL.com.au via email.
In order to complete a booking you are required to provide a valid credit card. roomsXXL.com.au is entitled to accept payments for the service providers. Generally, roomsXXL.com.au charges your credit card with the respective applicable amount immediately after completion of a booking. If in the booking process you are given the opportunity of payment on-site, your credit card will be charged with the final amount in local currency at the location of the hotel at the time of stay. In order to check the validity of the credit card or to secure the reservation, the travel service provider is entitled to charge the credit card with applicable cancelation charges prior to arrival. Taxes and exchange rates may change between the time of booking and the time of travel. roomsXXL.com.au reserves the right to pass any potential chargeback costs on to you if they have been caused by you. In addition, you are charged a handling fee of AU$0.00 for every return or chargeback. The prices indicated on the website are final prices stated by the providers and include all taxes and fees. roomsXXL.com.au points out that for all hotel bookings VAT will not be displayed separately on the invoice. With your booking you agree to accept this.
If on top of the booking charges there are additional local taxes or fees such as visitors' tax, tourism tax or resort fees to be incurred at the travel destination, you will be notified before completion of the booking.
6. Cancellation and change of booking
Your booking is legally binding until you cancel it. The cancelation policy of the provider is displayed to you on the website before booking. With your booking you accept this cancelation policy. Depending on the conditions of the provider, you are fully or partially liable for the payment of the agreed price if the booking is not canceled in time. The same applies if the travel service is not made use of without previous cancelation. roomsXXL.com.au recommends taking out travel cancelation insurance. Regardless of the conditions of the provider, roomsXXL.com.au charges a processing fee of currently AU$0.00 in case of cancelation.
Cancelation must exclusively be executed via roomsXXL.com.au. If the cancelation is executed directly with the provider, roomsXXL.com.au cannot provide information on the cancelation date. Should you depart earlier than agreed, the provider is entitled to demand compensation for any loss that may be suffered due to the unused days.
If a booking that has been secured or paid for with a credit card appears suspicious in the sense of a fraud attempt, roomsXXL.com.au is entitled to prompt you to immediately submit a copy or photograph of the used credit card as well as an identity document. If you fail to comply with this request, roomsXXL.com.au is entitled to cancel your booking to avoid possible damage. It is your responsibility to ensure that you can be contacted on the phone number or email address supplied in your booking.
Changing the booking of a confirmed travel service is only possible through canceling the existing booking and booking a new travel service.
7. Hotel classification and information
Hotels are classified into internationally or nationally conventional categories based on a self-assessment of each hotel operator. These categories informally indicate certain facilities and characteristics. The available information on category, room features, name of the hotel and operator, hotel facilities and service are based on the information provided by the travel provider. roomsXXL.com.au does not verify this information and assume no responsibility for completeness or correctness. Therefore, roomsXXL.com.au offers no guarantee or assurance with respect to the accuracy, completeness or validity of such information. The same applies to other information contained on this website that has been provided by third parties.
8. Data protection
Information on privacy and data protection can be found here.
9. Copyright and usage rights
All data material from roomsXXL.com.au is copyrighted. Reproduction, transfer, usage, sale or commercial use of the data are not permitted and need to be approved in writing by roomsXXL.com.au. This website can only be used for individual bookings. Any automated use of the website is not permitted.
roomsXXL.com.au is liable only for intent and gross negligence. As far as an attributable violation of duty has been caused by simple negligence and an essential contractual obligation is culpably violated, roomsXXL.com.au's liability for damages is limited to the foreseeable damage that typically occurs in similar cases. In the event of death, injury to health or the body, roomsXXL.com.au are liable under statutory regulations. Any damage claims lapse one year after they arise. This does not apply to claims relating to tortious acts.
roomsXXL.com.au assumes no liability for the information relating to passport, visa, customs and public health regulations. You are responsible for undertaking autonomous research on these subjects as well as on the security situation at your travel destination.
Wherever the liability of roomsXXL.com.au is excluded, the same applies to the personal liability of employees, legal representatives and agents of roomsXXL.com.au. As an intermediary, roomsXXL.com.au is not liable for the availability of the travel service at the time of booking or for the provision of the booked travel service.
11. Final provisions
All information has been compiled with utmost diligence. No liability is assumed for any errors in data collection or data transfer. At the current state of technology, data communication over the Internet cannot be guaranteed to be accurate and/or always available. Therefore, roomsXXL.com.au is neither liable for the constant and uninterrupted availability of the website nor for the successful delivery of emails. roomsXXL.com.au may at any time make changes and/or improvements to this website.
The contract is subject to German law. If you are a merchant, the exclusive place of jurisdiction for all legal disputes that might be a direct or indirect result of the contractual relationship is the registered office of roomsXXL.com.au. The same applies if you do not have a general place of jurisdiction in Germany or if after conclusion of contract you have moved your place of residence or habitual residence abroad or if your domicile or habitual residence at the time of legal action is unknown.
The place of execution is Hennigsdorf.
roomsXXL.com.au takes no responsibility for the content of third party websites, even if there are links to these websites. The respective provider or operator is always responsible for the content of any linked website. The linked websites were checked for possible violations of law at the time of linking and no illegal content was detected. A continuous control of linked websites is not reasonable. Links will be removed immediately as soon as roomsXXL.com.au gains knowledge of any rights violations.
Should any of the provisions of these terms be invalid or inconsistent with the statutory regulations, the validity of the remaining provisions shall not be affected. The missing or invalid provisions shall be replaced by the respective legal regulations.
Information as of 30 June 2014