These general terms and conditions (GTC) apply to all business relations between users and operators in connection with the provision of the Buddy Property Management System service at https://www.buddyres.com (hereafter referred to as "Buddy"). The current version at the time of conclusion of the contract is relevant. Any deviating terms and conditions of the User shall not apply, unless this has been expressly agreed in writing or in text form by the Operator. By registering with the Buddy service, the user agrees to these terms and conditions. The consent is explained by the user confirming the acceptance and approval of the terms and conditions within the framework of the registration. In the absence of consent, registration is not possible.
With the service Buddy the operator offers the following two services:
2.1 Buddy Property Management System (PMS)
The Buddy PMS offers the possibility to record reservations and display the recorded information graphically in a layout plan.
2.2 Buddy Central Reservation System (CRS)
The Buddy CRS sends booking information (availabilities) from the Buddy PMS to the service by Channel Manager. In addition, the Buddy CRS makes reservations, which are received by the Channel Manager, to the Buddy PMS. An account with Channel manager is a necessary prerequisite for the functioning of the Buddy CRS. The user is responsible for the provision and operation of a Channel Manager account and bears all costs associated with it.
The operator reserves the right to extend and improve the services at any time. There is no claim to provide further functionalities for the performance described above.
The Buddy service is made accessible via the Internet. The Internet access required for the use of the service is, of course, not subject to the services of the operator.
There is no claim to use the Buddy service. The operator decides freely and at his own discretion about the establishment of contractual relationships or contractual relations with users.
A contractual relationship shall only come into effect upon successful registration of the user. A successful registration is only made when the user confirms the registration (By logging in to Buddy for the first time after receipt of the access data by e-mail or otherwise). Successful registration results in a contractual relationship. The price for the use of Buddy depends on the number of beds/rooms configured at Buddy. The prices published at the conclusion of the contract on the page titled 'pricing' of the website always apply. All prices are inclusive of the taxes.
The user can test and use Buddy free of charge for a limited number of days as indicated on the website. If after the expiration of this test phase of trial days no payment of the agreed amount on the account of the company Buddy Systems has been received, the user does not incur any costs. If no payment has been made after expiration of the test phase, the user's role will change to enable him a 'View Only' access for a period of 15 days on completion of which, the account is deactivated. In addition, the contractual relationship is canceled retroactively and at no cost to the user.
The contractual relationship runs indefinitely.
You can revoke your contract declaration in text form (eg letter, e-mail) within two weeks without giving reasons. The deadline begins upon receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfillment of our information requirements. The revocation must be sent to email@example.com
The user is obligated to provide information which is given in the context of the account creation or modification.
The user is obligated to comply with the laws and regulations applicable.
The user of Buddy is prohibited from abusing the services of the operator, in particular the Buddy service. Abusive use is particularly applicable in the following cases:
The publication or dissemination of unlawful, defamatory, clearly pornographic or other offensive content
The use of technical aids or methods that may affect or impair the functionality of the provider's services (software, scripts, bots, etc.)
The operator is entitled to immediately delete any content created by the user which is unlawful and/or abusive.
The user is obligated to protect the access data for his Buddy account from unauthorized third parties.
The monthly compensation for the use of Buddy shall be payable at the beginning of the billing month. The monthly payment is paid by bank transfer or by PayPal or by payment gateway provided. In case of Refund request, the company (Buddy) will have sole discretion to decide on the refund amount and timeframe if applicable or to deny the refund.
The user grants the user a simple (non-sublicensable and non-transferable) right of use for the duration of this contract for Buddy according to the following regulations.
The operator is a web service, which is accessed via access to the server or servers of the operator. There is no transfer of the software to the user.
In the event that new versions, updates, upgrades or other changes are made to Buddy during the term of the contract, the above rights shall also apply to them.
The operator does not guarantee that his services are always accessible and error-free. This applies in particular if the access to the offer is caused by faults which are not the responsibility of the operator. The offer is made without any warranties or guarantees.
The operator is liable in the case of willful intent or gross negligence for all damages caused by him without restriction.
In the event of slight negligence, the operator shall be liable without restriction in the event of injury to life, body or health.
In all other respects, the operator is only liable if a property guarantee has been accepted or a substantial contractual obligation (cardinal obligation) has been violated. The term "cardinal obligation" refers in abstract to such obligations, the fulfillment of which is the proper execution of the contract at first possible, and to which the users can regularly trust. In such cases, the liability is limited to the replacement of the foreseeable, typically occurring damage.
The user is responsible for a regular backup of his data.
The user may terminate the contract for the use of Buddy at any time at the end of the current billing month. The user can declare the termination by e-mail from Buddy Systems.
The operator reserves the right to make changes to these terms and conditions in order to, for example, make adjustments to amended legal regulations or introduce new (and possibly also cost-based) services.
The user may or may not be informed by e-mail about changes to the terms and conditions. The user will be informed separately in the e-mail of the possibility of objection and their deadline.
If the user rejects the changes to the GTC, the operator has the right to terminate the contractual relationship at the end of the current billing month.