§ 1 Scope
(1) These General Terms and Conditions (hereinafter "T&C") apply to all contracts for the provision of the TourCore platform between Sowa Content GmbH (hereinafter "Provider") and customers who are not consumers within the meaning of § 13 BGB (B2B).
(2) Deviating or supplementary terms of the customer shall not become part of the contract unless the Provider expressly agrees to their applicability in writing.
(3) The version of these T&C in force at the time of contract conclusion shall apply.
§ 2 Subject of the service
(1) The Provider makes the TourCore platform available to the customer as Software-as-a-Service (SaaS) over the internet. The scope of functions, modules and service levels are governed by the package agreed in the respective order.
(2) The TourCore platform comprises modules for bookings, packaging, supplier management, customer portals, FinOps, AI-assisted communication and voice. Which modules are activated is determined by the respective order.
(3) The Provider is entitled to update the platform’s functionality and appearance on a continuous basis, provided that this is reasonable for the customer and that core services are not discontinued.
§ 3 Conclusion of contract
(1) The presentation of the platform and packages on tourcore.io is non-binding.
(2) The contract is concluded through an individual offer by the Provider and written acceptance by the customer. Demos and non-binding consultations do not constitute a contract.
§ 4 Remuneration and payment terms
(1) Remuneration is determined by the individual offer. All prices are exclusive of any applicable statutory VAT.
(2) Invoices are due for payment without deduction within 14 days of the invoice date, unless otherwise agreed in the order.
(3) In case of payment default, statutory default interest under §§ 286, 288 BGB applies.
§ 5 Availability
(1) The Provider aims for an average availability of the platform of 99.5 % per annual average, measured at the Provider-side handover point.
(2) Excluded are announced maintenance windows and outages for which the Provider is not responsible (force majeure, third-party outages, network problems outside the Provider’s sphere).
§ 6 Customer obligations
(1) The customer designates a main person responsible for contract handling.
(2) The customer undertakes to keep access credentials confidential and to protect them from unauthorised third-party access.
(3) The customer ensures that the data fed into the platform is free of third-party rights and complies with applicable statutory provisions (in particular GDPR).
§ 7 Data protection and data processing agreement
(1) Insofar as the Provider processes personal data on behalf of the customer, a separate data processing agreement (DPA) under Art. 28 GDPR is concluded between the parties.
(2) The Provider processes data exclusively within the EU/EEA.
§ 8 Liability
(1) The Provider is liable without limitation for damages arising from injury to life, body or health, in cases of intent and gross negligence, and under the German Product Liability Act.
(2) In the case of a slightly negligent breach of material contractual obligations (cardinal obligations), liability is limited in amount to the typical foreseeable contractual damage.
(3) Otherwise the Provider’s liability is excluded.
§ 9 Term and termination
(1) The contract is concluded for the term agreed in the order.
(2) The right to extraordinary termination for cause remains unaffected.
(3) Upon termination, the Provider will, upon request, make available to the customer an export of the customer’s data in a structured common format. The Provider is entitled to permanently delete customer data 30 days after termination, provided that no statutory retention obligations apply.
§ 10 Final provisions
(1) Amendments and supplements to these T&C must be made in text form.
(2) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) Exclusive place of jurisdiction for all disputes arising from this contract is Brühl, Germany, provided that the customer is a merchant within the meaning of the German Commercial Code (HGB).
(4) Should individual provisions of these T&C be invalid, the validity of the remaining provisions shall not be affected.