The TUI Hotel Betriebsgesellschaft mbH (hereinafter referred to as the “OPERATOR“) operates an information and communication platform with online booking functionality (end-user booking platform) at www.themora.com (hereinafter referred to as the “website”). The user of the website (hereinafter referred to as “user”) can check the availability of accommodation services and book hotel services and/or hotel and flight bookings, and can find information about hotels of the The Mora chain.

When booking only hotel services (hereinafter referred to as “hotel services”) via the website, contractual relationships come about only between the respective hotel and the user. The operator acts exclusively as an intermediary.

For bookings of hotel and flight services (hereinafter referred to as “packages”) via the website, only contractual relationships between the tour operator TUI Germany LLC and the user are concluded. The operator acts exclusively as an intermediary.

Use of the website is free for the customer.

Any use of the website and the services offered by the operator are subject to the following terms of use:

1.         GENERAL INFORMATION ON THE WEBSITE

1.1        The operator offers all general information provided on the website solely as orientation for the user.
The user is understood to mean every user of the website who uses it for booking or informational purposes. The general information may change at any time. For contracts concluded through the website, additional terms and conditions apply (such as the General and Special Conditions of Transportation, Travel, Sale, Sweepstakes or other terms and conditions), which will be brought to your attention in each case. Partner products are only advertised on the website and identified as such; a Partner Services Agreement will only be concluded with the partner who offers the product.

2.        “USE OF THE WEBSITE” 

2.1       The website is available to the user for personal use only. The hotel services and/or holiday packages purchased via the website may not be resold, transferred, or otherwise passed on to third parties for a fee.

2.2       The operator reserves the right, in its sole discretion, to refuse any access to this website or any part thereof without notice and/or to cease operation of the website without notice.

2.3       The operator reserves the right to make changes to the website or its contents at any time, in particular with regard to the selection of providers, functions, information, databases, or their contents.

2.4       The website is to be used only in a legally permissible manner and in particular in terms of the contracts to be concluded for hotel services and/or packages, as well as in compliance with these terms of use. Use in this sense is the information about hotel services, etc., as well as their booking and any other lawful use of the features installed on the website.

In particular, the following shall apply:

a)    The user is fully responsible for all actions taken under his/her name and using his/her   personal data on the website.

b)    The user must be at least 18 years old and fully legally capable.

c)    The user certifies that all information s/he provides about his/her person and/or fellow travellers is true.

d)    The website may not be used for speculative purposes, false or fraudulent bookings, or block bookings.

e)    Threats, coercion, defamation, and the transmission of pornographic, racist, inciting, or otherwise somehow unlawful and/or discriminatory material are expressly prohibited.

f)     The website and its content may not be modified, duplicated, transmitted, sold, published, or reproduced in any way by the user. However, it is permissible to make a single copy of the website for private, non-commercial use.

g)    Files containing software or other material that is protected by copyright, intellectual property, or privacy rights are not allowed to be distributed unless the user has the rights or the user has obtained the necessary permits.

h)    Files containing viruses, corrupted files, or software that could damage the operation of a third party computer may not be loaded.

i)     The use of automated systems or automatic software for extracting data from the website for commercial purposes (“screen scraping”) is prohibited.

j)     Author assignments, legal notices, proprietary notices, or markings contained in a loaded file (software or other material) may not be erased or falsified.

k)     Goods or services may not be advertised or offered for sale. Surveys, competitions, or chain letters may not be conducted or forwarded.

l)     Access to the website may only be made via the corresponding homepage. Links may not be displayed – inter alia by integration in frames – without prior written consent from the operator.

2.5        The above provisions apply mutatis mutandis to bulletin boards, blogs, chat rooms, and other communication forums (collectively “Forums”) on the website. All forums are public and not private communication. All third-party content in these forums will not be reviewed or approved by the operator before they are approved. The operator reserves the right to remove any content from forums that have been communicated or sent by users without notice. The user is responsible for maintaining the confidentiality of any user names and passwords.

The user agrees not to violate existing legal provisions and any contractual provisions when using the forums. In particular, s/he undertakes to ensure that content s/he distributes does not violate third-party rights, in particular copyrights, personal rights, patent and trademark rights and other rights; that the applicable penal laws and youth protection regulations are observed and that no racist, Holocaust-denying, grossly offensive, pornographic or sexual, youth endangering, extremist, violence glorifying or trivialising, war-glorifying, terrorist or extremist political association promoting, criminally suggestive, containing defamatory statements, offensive or unsuitable for minors, or other punishable contents are disseminated.

2.6       The user undertakes to inform the operator as well as the persons who are with him in accordance with §§ 15 ff. German Stock Corporation Act affiliates, partner companies (e.g. hotel companies) and its employees from any third-party claims (including the costs of reasonable legal defense or prosecution) on first request, based on a non-contractual, abusive or otherwise unlawful use of the website and their content is based on the user.

3.         SOFTWARE 

3.1       The operator, its affiliates and/or its partner companies own all intellectual property rights in the machine-written computer programs (hereinafter referred to as “software”) that the operator provides for downloading (hereinafter referred to as “download”) on the website; and/or otherwise operated on or in connection with the website. The unauthorised use, duplication, or transfer of such software is expressly prohibited.

3.2       Use of the software may be subject to a special agreement (hereinafter referred to as the “licence agreement”) and other terms. The user will be informed in advance about the necessity of such an agreement. The user may not install, copy, or use software that is accompanied by a licence agreement or that contains a licence agreement without first agreeing to the terms of the licence agreement.

3.3       To the extent that the holder of the intellectual property rights does not require the conclusion of a licence agreement, s/he hereby grants the user a personal, non-transferable, irrevocable right of use which exclusively relates to the private use of the software for the purpose of access, presentation, and contractual use of the website in accordance with these Terms of Use.

3.4       A material and legal liability for the software shall only be made if it is legally required or expressly owed and in any case exclusively under the terms of the licence agreement.

3.5       Any duplication of the software on other servers and/or data media for the purpose of further duplication is expressly prohibited. The same applies to traceability through reverse engineering, decompilation, and/or disassembling.

4.         CURRENCY CONVERTER

Currency rates are based on several publicly available sources and should be used as approximate values ​​only. The prices are not strictly verified and actual prices may differ. Price information may not be updated on a daily basis. It is understood that the information provided by this application is accurate, but this accuracy is not ensured or guaranteed by the operator and/or its affiliate. If you use this information for financial purposes, you should consult a qualified professional to verify the accuracy of the currency rates.

5.         EXCLUSION OF LIABILITY OF THE OPERATOR 

The operator is not liable for the success of the mediation or the provision of the hotel services and/or packages per se, but only for the fact that the mediation is carried out with the care of a prudent businessman.

The website is a non-binding information offer. The operator makes every effort to ensure that the information on the website is accurate and up-to-date. The information may change at any time. The operator makes no guarantees with respect to the information on the website and assumes no warranty or liability for the accuracy of the information, unless he has provided incorrect information by gross negligence or intent. This also applies to the timeliness, accuracy, and completeness of information provided by third parties (including hotel or tour operator partners).

The user should inform himself/herself independently on all passport, visa, and health regulations (e.g. necessary vaccinations) at the responsible consulate or diplomatic representation.

The operator expressly disclaims all liability for damages arising directly or indirectly from the use of the website, unless they are based on intent or gross negligence of the operator.

6.         LINKS TO PROVIDERS OF OTHER WEBSITES  

The website contains links to external websites of third parties over whose contents the operator has no influence. Therefore, the operator assumes no responsibility for this external content. The respective provider or respective operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognisable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, the operator will remove such links immediately.

7.         COPYRIGHT AND TRADEMARKS 

All texts, images, graphics, audio, video, and animation files, as well as their arrangement together with the underlying software codes on the website are subject to the protection of copyright and trademark law  and/or other intellectual property rights. This content is exclusive to the operator and its affiliates, unless the ownership of a third party is specially marked.

Unless expressly stated otherwise, the contents may not be used without the written permission of TUI Group for the purposes stated in these Terms of Use or for the purposes stated in the text on the website.

It is expressly prohibited to automatically collect, compare, distribute, extract, or otherwise modify, transfer, or re-use data/content of the website (including booking forms, text, images, audio, or video files) for public or commercial purposes, to provide or use (in particular, but not exclusively, through the use of “robots”, “spiders”, or other mechanisms). In particular, the integration and presentation of data/content (including prices) on third-party websites through interlinks, deep links, or frames is not permitted.

The name The Mora as well as all brands, logos, and graphics of other companies of the TUI Group on the website are registered trademarks of TUI Group. The user receives no rights or licences to use these trademarks.

The operator does not warrant that the material displayed on the website does not interfere with the rights of third parties.

The operator will prosecute any violation of his rights to eliminate the interference and, if there is a risk of repetition or failure, shall demand injunction and assert claims for damages.

8.         DATA SECURITY AND SYSTEM REQUIREMENTS

The use of the website is usually possible without providing personal information. If personal data (e.g. names, addresses, or e-mail addresses) are collected on the website, this is always done on a voluntary basis, as far as possible. This data will not be disclosed to third parties without the express consent of the user. Further information on data protection can be found under the link Privacy notice.

The operator uses the latest Secure Socket Layer (SSL) technology, which encrypts all input before forwarding information to our secure servers. This ensures the security of credit card details when booking and paying for hotel services and/or packages. Please note that this requires your browser to support SSL technology. It should be noted that the data transfer on the Internet (e.g. when communicating by email) may have security holes. A complete protection of the data from access by third parties is not possible.

9.         CHANGES TO THE WEBSITE AND THE TERMS OF USE

The operator reserves the right to withdraw, restrict, or change the services and information available to you on the website without notice and at the sole discretion of the operator. This also includes making improvements or changes to the information, services, products, and other materials on the website at any time without prior notice. The same applies to the amendment of these Terms of Use.

RESPONSIBLE BODY:

TUI Hotel Betriebsgesellschaft mbH, Karl-Wiechert-Allee 23, 30625 Hannover
Imprint

As of: August 2017