I) Purpose and scope

 

The websites and the app are published by Motel One GmbH (“MO”), whose information can be found in the masthead. These general terms of use (“Terms of Use”) set out the legal framework for access to and use of the websites www.motel-one.com and www.the-cloud-one.com (individually, the “Website”, collectively, the “Websites”) and the Motel One application (“Application”).

 

Please read these Terms of Use carefully before using them. By accessing the Websites/App, you expressly agree to these Terms of Use. The Terms of Use are subject to change at any time. You will be notified of changes through separate notices on the Websites/App.

 

If you do not agree to the Terms of Use, please do not access or use the Websites/App.

 

II) Applications offered on the Websites and the Application

 

The Websites and the Application allow you to, among other things, access your future and past reservations through an online access point, book rooms at one of our hotels, purchase vouchers, apply for our job offers and generally obtain information about our company and our offers. All offers, booking conditions and contracts relating to a particular hotel are subject to the applicable General Terms and Conditions (“GTC”), which can be found at the following link: https://www.motel-one.com/de/agb/. In the event of any conflict or ambiguity between the provisions of these Terms of Use and the provisions of the applicable GTC, the provisions of the GTC shall prevail.

 

You may also register for our beOne loyalty program and manage your profile through the Websites and the Application. Membership is subject to the terms and conditions of the beOne membership program. In the event of any conflict or ambiguity between the provisions of these Terms of Use and the beOne member program terms of use, the beOne member program terms of use shall prevail.

 

III) Registration

 

To access and use the Websites/App or certain apps, you may be required to register with the Websites/App and/or the relevant app.

 

Passwords may be required to complete your account settings or to access certain applications on the Websites/Application. You are responsible for maintaining the confidentiality of your password and are deemed to be the originator of any access to the Websites/App that requires you to enter such password.

 

IV) Data protection

 

For information on how we collect and process your personal information, please refer to our Privacy Policy, which can be found at the following link: https://www.motel-one.com/de/datenschutz/.

 

V) Your rights

 

MO grants you a personal, non-exclusive, non-transferable, royalty-free license to access and use the Websites/Application and the content in accordance with these Terms of Use for your personal, non-commercial use.

 

You are not allowed to:

 

1) reproduce, display, extract, modify and/or translate the Websites/Application and/or the content or any part thereof;

2) directly or indirectly make the Websites/Application and/or the contents or parts thereof available to third parties;

3) extract or reuse the content of the Websites/Application or any part thereof in any format or medium, in whole or in part;

4) attempt to decrypt, decompile, disassemble, remove or reverse engineer the HTML code of our internet services or any part thereof;

5) circumvent any security or access restriction measures that apply to the Websites/Application and/or the content or any part thereof;

6) take any action that places an unreasonable or unacceptable load on the MO web services infrastructure. This includes, but is not limited to, sending “spam” or “junk” emails.

7) access or attempt to access our information technology systems, networks, files, data or user accounts;

8) disrupt, interfere with, disable or impair the use or operation of the Websites/Application through the use of programs, scripts, viruses, Trojan horses or other comparable disruptive mechanisms; and

9) use robots or other automated devices to search or monitor the Websites/Application.

 

Any use of the Websites/Application and/or the content or any part thereof in violation of the foregoing, including, but not limited to, for commercial purposes, requires MO's prior written consent. You are further prohibited from using the Websites/Application and/or the content or any part thereof in an unlawful, fraudulent, unacceptable or inappropriate manner.

 

If you use our Websites in an unauthorized manner, we reserve the right to revoke your permission to use our Websites without notice.

 

VI) Intellectual property

 

All rights, titles and interest in and to the Websites/Application, the content, features, graphics, database, data and generally all information contained therein, including, but not limited to, all trademarks, copyrights, logos, trade names, illustrations, images and designs, are the exclusive property of MO and/or its licensors.

 

Any reproduction, in whole or in part, of this content is strictly prohibited.

 

VII) User generated content

 

The Websites/Application contain user generated content (”UCG”). UGC may include, but is not limited to, social media posts and hotel reviews. MO is not responsible for the accuracy, completeness or reliability of UGC or for the opinions expressed herein.

 

VIII) Liability

 

MO uses all reasonable efforts to ensure that the Websites/Application are always available, but cannot guarantee that the Websites/Application will always be available or error-free.

 

We reserve the right to temporarily or permanently suspend access to the Websites/Application (or parts thereof) at any time, with or without notice, and to make changes to the Websites/Application. You agree that MO shall not be liable to you for any such suspension or modification.

 

Unless otherwise expressly provided in these Terms of Use, the Websites/Application and the content are provided “as seen” and “as available”. MO does not warrant that the Websites/Application and the content are free from defects or errors or that they are accurate, current or reliable.

 

Although MO takes reasonable measures to prevent the introduction of viruses or malware, we cannot guarantee that the Websites/Application or the content that may be downloaded from it will be free of such destructive software. MO is not liable for any damage or injury that such software may cause.

 

This limitation of liability excludes liability for intent, gross negligence, and breach of essential duties.

 

You shall be liable for all losses, expenses, damages, and costs incurred by MO as a result of your culpable breach of these Terms of Use, and you agree to indemnify and hold MO harmless from any third-party claims in connection therewith.

 

IX) Links to third party websites/offers

 

The Websites/Application may contain hyperlinks that direct users to third party websites or offers. These websites and offers are for informational purposes only. MO is not responsible for the availability of such third-party websites or offers, their security or the accuracy and reliability of their content. Unless expressly stated otherwise, we do not endorse these third-party websites or offers.

 

X) Severability, non-waiver

 

If any provision of these Terms of Use is (in whole or in part) invalid, illegal or unenforceable, such provision will be removed and deleted and the remaining provisions will remain in effect. If you omit to exercise or enforce any right or provision of these Terms of Use, or if MO omits to exercise or enforce any right or provision of these Terms of Use, this shall not constitute a waiver of such right or provision.

 

XI) Jurisdiction and governing law

 

These Terms of Use are governed by German law. The place of jurisdiction for all disputes arising out of this agreement shall be Munich.