General Terms and Conditions (GTC)

1. Scope of Application

1.1. These General Terms and Conditions apply to all contracts concluded between Schwarzenbach Hotelsoftware and its customers via the online shop.

1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3. An entrepreneur is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.4. For entrepreneurs, the statutory provisions apply with the deviations regulated in these GTC.

2. Contracting Parties

The purchase contract is concluded with:

Schwarzenbach Hotelsoftware
Owner: Bernd Schwarzenbach
Senserstr. 2
82140 Olching
Germany

Email: kontakt[at]software4hotels.de

VAT Identification Number (USt-IdNr.): DE402723053

3. Conclusion of Contract

3.1. The presentation of the software and other products in the online shop does not constitute a legally binding offer to conclude a purchase contract, but rather an invitation to the customer to submit a binding offer.

3.2. By clicking the button "Order with obligation to pay", the customer places a binding order for the products listed on the order page.

3.3. The customer will immediately receive an electronic confirmation of receipt of the order. The automatic confirmation of receipt does not yet constitute acceptance of the offer, unless the acceptance of the order is expressly declared therein.

3.4. The contract is concluded as soon as the order is expressly accepted by Schwarzenbach Hotelsoftware or the download of the ordered software is activated or provided to the customer.

3.5. The contract text will be saved after the contract is concluded. The order data and contract documents will be provided to the customer on a durable medium, in particular via email.

4. Provision of Hotel Software as Digital Content

4.1. The hotel software is provided as a digital content for download. Delivery on a physical data carrier does not take place, unless otherwise specified in the respective offer.

4.2. The provision is made by activating or providing the download after successful conclusion of the contract and payment.

4.3. The customer is responsible for ensuring that the technical requirements for using the software are met. The respective technical requirements are specified before purchase or in the product description.

4.4. The consumer's statutory rights in case of defects in digital products remain unaffected.

5. Right of Withdrawal for Consumers

5.1. Consumers generally have a statutory right of withdrawal.

5.2. For the delivery of software as digital content not provided on a physical data carrier, the statutory specificities for digital content apply.

5.3. The right of withdrawal for a paid software download can expire prematurely if

• the consumer expressly agrees that the performance of the contract begins before the end of the withdrawal period,
• the consumer confirms that he is aware that he loses his right of withdrawal by this consent at the beginning of the performance of the contract, and
• the legally required contract confirmation is provided.

5.4. The declarations required for this are explicitly and separately obtained during the ordering process.

5.5. Without the legally required express consent of the consumer, the provision of digital content does not begin before the expiry of the withdrawal period.

6. Instructions on Withdrawal

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us

Schwarzenbach Hotelsoftware
Owner: Bernd Schwarzenbach
Senserstr. 2
82140 Olching
Germany

Email: kontakt[at]software4hotels.de

VAT Identification Number (USt-IdNr.): DE402723053

by means of a clear statement, for example by a letter sent by post or an email, about your decision to withdraw from this contract.

You can use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise. In no case will you be charged any fees for this repayment.

For a contract for the provision of digital content not supplied on a tangible medium, the statutory regulations on the legal consequences of withdrawal apply.

Special note on the premature expiry of the right of withdrawal for software downloads:

Your right of withdrawal for a paid download of digital software expires before the expiry of the withdrawal period if we have started with the performance of the contract after you have expressly agreed that we begin with the performance of the contract before the expiry of the withdrawal period, you have confirmed your knowledge that you lose your right of withdrawal with the beginning of the performance of the contract by this consent, and you have been provided with the legally required contract confirmation.

7. Prices and Payment Terms

7.1. The prices stated on the product pages include the statutory value-added tax, if VAT is applicable.

7.2. The available payment options will be displayed to the customer during the ordering process.

7.3. The purchase price is due upon conclusion of the contract, unless otherwise specified in the respective offer.

7.4. When paying via a payment service provider, their respective payment terms also apply.

8. Delivery and Download

8.1. The hotel software is delivered exclusively, or as far as indicated in the offer, via electronic download.

8.2. After successful conclusion of the contract and payment, the customer receives the information required for the download or a download link.

8.3. The provision of the digital content takes place within the period specified in the respective offer. Unless a different period has been agreed, the provision takes place immediately after conclusion of the contract and payment.

8.4. The customer is obliged to protect access data and download links from unauthorized third-party access.

9. Rights of Use for the Software

9.1. With the acquisition of the hotel software, the customer receives the contractually agreed right to use the software.

9.2. The software may only be used within the scope of the acquired license and in accordance with the agreed license terms.

9.3. Transfer, rental, sublicensing, or other provision of the software to third parties is only permitted to the extent expressly agreed or legally allowed.

9.4. Mandatory statutory rights of the customer remain unaffected.

10. Liability for Defects and Statutory Rights

10.1. The statutory provisions on liability for defects apply.

10.2. For consumer contracts concerning digital products, the statutory provisions on the provision, conformity, updating, and rights in case of defects of digital products apply in particular.

10.3. The consumer's statutory rights are not restricted by these GTC.

11. Liability

11.1. Schwarzenbach Hotelsoftware is liable without limitation for damages based on an intentional or grossly negligent breach of duty, as well as for damages resulting from injury to life, body or health.

11.2. In other respects, the statutory liability provisions apply.

11.3. Insofar as the customer uses the hotel software in a business environment, he is responsible for regular and appropriate backup of his own data, provided that such data backup is reasonable given the nature and scope of use.

12. Dispute Resolution

12.1. The European Online Dispute Resolution (ODR) platform was discontinued on July 20, 2025. Therefore, a corresponding notice or link to the former ODR platform will no longer be used.

12.2. Regarding the willingness or obligation to participate in dispute resolution proceedings before a consumer arbitration board, the statutory information requirements apply.

We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

12.3. If there is a legal obligation, the respective competent consumer arbitration board will be named with the legally required information.

13. Applicable Law

13.1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13.2. For consumers, this choice of law only applies insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

14. Place of Performance and Jurisdiction

14.1. For consumers, the statutory rules on jurisdiction apply.

14.2. For entrepreneurs, to the extent legally permissible, the business seat of Schwarzenbach Hotelsoftware is the place of jurisdiction.

14.3. The place of performance, to the extent legally permissible, is the business seat of Schwarzenbach Hotelsoftware.

15. Final Provisions

Should individual provisions of these GTC be or become wholly or partially invalid, the remaining provisions shall remain unaffected. The statutory provisions shall replace the invalid provision.