Illes Balears, Spanien
Operator of the website:
Travel on Planet UG (limited liability)
D 82194 Gröbenzell / München
The following terms and conditions serve the security of the interactive communication of the users of our websites and the services offered under the domains mallorca-firmen.de, mallorca-companies.com and mallorca-empresas.es. These are summarized below under the term “Mallorca Domains”. Companies, service providers, freelancers, doctors, lawyers, hotels, apartments, associations ect. with an entry, are summarized under the term “company or company”. They define the conditions under which the use of the service takes place. All users of the service are exclusively subject to these terms and conditions, even if the use or access is from another country outside the Federal Republic of Germany. By using the “Mallorca Domains” user recognizes that they have read, understood and accepted the terms and conditions.
These terms and conditions have been translated from German using Google Translate. The legal basis is the German version.
Terms of Service
1. Subject of the conditions
“Mallorca Domains” provide a service that allows users to search a database using previously defined keywords. The service offers both free and paid services to companies and monthly paid services to companies. Companies that want to use “Mallorca Domains” need a monthly or annual subscription.
2. Description of the service
“Mallorca Domains” offers companies access to a database and advertising network. In this service companies can create a company page. A company page is offered in different variants:
The Basic entry is free and contains the company name and the address.
The min entry is for 1 company in 1 sector and contains 1 picture, telephone, email and geographic display.
The business entry is for 1 company in 1 sector and contains a company page with pictures, texts, videos, advertising message, product information, opening times, ratings, telephone, email, link to the website, contact form and geographic display. This company page is indexed in search engines like Google and can be found there.
The premium entry is for 1 company in 3 sectors and contains a company page with pictures, texts, videos, advertising message, product information, opening times, ratings, phone, email, link to the website, contact form and geographic ad. This company page is indexed in search engines like Google and can be found there.
“Mallorca Domains” accepts only the provision of technology and is not the creator of the content and thus not for accuracy, completeness or legal responsibility from the content of the companies held liable. The companies put their content online under their own responsibility and are fully liable for the publications themselves.
By publishing content such as text, images, videos and more, the companies confirm that they have full rights to the publication. Each company exempts “Mallorca Domains” from any liability and claims arising from a violation of third party rights.
3. Access to the system for companies
The access to the use of the database system “Mallorca Domains” requires a registration and is always charged for companies with a business or Premium entry. Access to “Mallorca Domains” requires a monthly subscription to use the software. This subscription automatically renews for one year at a time unless the subscription has been properly terminated with 3 months’ notice at the end of its term. For a monthly subscription so-called advertising packages can be ordered. These advertising packages increase the monthly amount of a business or premium access of a company to “Mallorca Domains”. The height of the monthly added advertising package can be chosen by the company itself at the first order. The monthly amounts are then composed of the amount for participation in the system and the monthly price for a web package.
4. Advertising packages
Advertising packages are ready-made ad packages for Google Adwords. Google Adwords is the system that allows companies to run ads on the Google search engine. By using an advertising package, the company can post advertisements to self-defined keywords or phrases via a technical connection on Google. These ads refer to a click of a user of the search engine Google on the respective company page within the “Mallorca domains”. For this click, a proportional amount of the value of the monthly advertising package will be deducted. The company receives clicks from Google until the value of the advertising package has been completely used up or the current month has expired. Google determines the price for a click by its own algorithm, which depends on the search term, competitor and desired ad position. The better the ad position, the more expensive a click on Google will be. “Mallorca Domains” tries to generate a good click price for the company, but ultimately has no direct influence on the amount of the click price.
5. Basic entry
Companies that want to try “Mallorca Domains”, a free Basic entry is available. In this basic entry, the user is allowed to enter his company name, address, telephone number, email and the regional geodata. An own company page is not created with a Basic entry. There is no claim to the publication of information resulting from this entry. The basic entry is only intended to offer companies a chance to get to know the system prior to the paid subscription. This Basic entry may only be used once per company. “Mallorca-Domains” reserves the right to permanently suspend companies with multiple email addresses multiple registrations from the system.
7. External services
For “Mallorca Domains” companies can order external services in the form of an advertising package for Google. These external services are provided by Google Inc., 1600 Amphitheater Pkwy, Mountain View, CA 94043-1351, USA. A company orders with an advertising package on “Mallorca Domains” the execution of the external performance for displaying advertising services on Google. “Mallorca Domains” handles the provision and transmission of the advertisement to Google. Google decides from its own point of view whether and when this ad will be published. There is no guarantee that Google will publish the ad as a company has prepared it from the source on “Mallorca domains”. Any company that uses advertising packages acknowledges that the performance of Google is dependent on Google and releases “Mallorca domains” from any liability for non-performance or modification by Google and any claims arising therefrom. In addition, “Mallorca-Domains” always has the right to refuse contents and advertising pacts at Google of companies, as long as they do not agree with the basic moral values.
8. Variable results
By ordering an advertising package in connection with the external service provision by Google, the companies acknowledge that “Mallorca Domains” acts to the best of our knowledge and belief for the individual company. This includes publishing the ad and achieving an optimal click price for the company. Every company recognizes that the prices and results of the current situation have to be adjusted individually and thus more or fewer clicks per advertising package per month can be achieved. This depends on search term, competitor and desired ad position. Each company releases “Mallorca domains” from all legal claims and responsibility arising from the collaboration between “Mallorca domains” as an executive service provider and Google.
9. Costs for companies
Access to the use of the database system with a business or premium entry for companies requires an existing monthly subscription to “Mallorca domains”. The monthly terms of the subscriptions are based on the ordered service and the additionally ordered advertising packages. All monthly subscriptions will be deducted monthly from the given credit card on the day of registration of the month. Monthly subscriptions are invoiced on the day of registration. Companies are fully liable for all damages and costs arising from return debits, insufficient account funds or false account information, credit card data. The user expressly releases “Mallorca Domains” from this liability. By registering, the companies agree to the foregoing terms.
10. Objections to calculations
Objections to the amount of debited or invoiced costs must be raised and justified in writing to “Mallorca Domains” by the user at the latest within 7 days after deduction of the objected costs or after receipt of the offending invoice. If the user does not raise any justified objections within this 7-day period, the charged or invoiced costs shall be deemed approved.
11. Duties of the companies
Every company is obliged to keep the data and other information that it receives in connection with the use of the database confidential and not to make it accessible to third parties without the consent of “Mallorca Domains”. The forwarding or duplication of any data is prohibited. Furthermore, every company undertakes not to misuse the service offered by “Mallorca Domains”, in particular:
a) not to use it in a manner that adversely affects the availability of the Website.
b) to load any infected files or scripts on the system
c) create images and texts according to the specifications
d) only publish content with a secure origin
e) do not start server-polling multiple queries
f) not to violate the rights of third parties
If there is evidence of improper or illegal use, “Mallorca-Domains” has the right to check the contents entered by the companies, if necessary to block the access to these data, and to block the access of the companies immediately. In cases of doubt, “Mallorca-Domains” has the final decision on the admissibility of the use in question. Notwithstanding possible civil and criminal consequences for the individual companies, failure to comply with one of the above-mentioned behavioral obligations of “Mallorca Domains” entitles the holder to terminate the right of use without notice, and immediately block the access of the affected companies to the database system.
12. Termination of companies
Any company can at any time without giving reasons with a period of 3 months to terminate the subscription at “Mallorca Domains” terminate. Termination is done online via the My-Account module. With the effective termination all stored data records of the companies are deleted and the contractual relationship is terminated. If at the time of the contract still possible credit balance in advertising packages of the company, this expires without exception. Companies have no right to surrender, inheritance, transfer or credit to others. A cash payment is excluded. Companies renounce by a notice on all claims, which could arise from still existing credit. If a company terminates a single paid service, this will not affect the contractual relationship for services set forth in these Terms and Conditions.
The security and protection of users’ data is “Majorca domains” a particular concern. “Mallorca Domains” undertakes to comply with the statutory provisions on data protection, in particular the Federal Data Protection Act (BDSG) and the Teleservice Data Protection Act (TDDSG). As part of the fee-based and free service provision for companies as well as the contractual performance by companies, personal company data is collected, stored, processed and used. The company agrees that “Mallorca-Domains” uses personal user data for the needs-based design of the services and processes them. “Mallorca Domains” may also transmit this data to its own branches that offer services of “Mallorca Domains” for the purpose of use and processing for the needs-based design of the services. By registering, the company declares its agreement with the data use regulated in these terms and conditions. “Mallorca-Domains” will provide every company with information on the stored data, as far as the company is concerned, completely and free of charge at any time. “Mallorca-Domains” explicitly informs the companies that the data protection for data transmissions in open networks such as the Internet can not be fully guaranteed according to the state of the art. For the safety of the data transmitted by him to the Internet, the companies therefore take care of themselves. Each company agrees with registration with the use of its data described in the preceding provisions.
“Mallorca-Domains” is entitled, but not obliged, to check the content of any entry in the system with the general laws or these terms and conditions and, if necessary, to change or delete the respective contents. “Mallorca-Domains” is at any time entitled to discontinue all or part of the services offered.
15. External service providers
Third parties connecting services with “Mallorca Domains” are referred to as third-party providers. The services provided by a third party may be subject to additional conditions. Companies are obliged to inform themselves about their terms and conditions before using the services of a third party. “Mallorca Domains” is neither a party nor a service provider of a transaction between a company and a third party. “Mallorca Domains” assumes no liability for the accuracy and reliability of information, opinions or other communications from third parties.
All rights to programs, services, procedures, software, technologies, trademarks, trade names, inventions and all materials are exclusive to “Mallorca Domains” and are the owner of all copyrights to the above mentioned rights. The use of all programs and the content, materials, trademarks and trade names contained therein is only permitted for the purposes stated in these terms and conditions. Reproduction of the programs, services, procedures, software, etc. – for whatever purpose – is inadmissible.
“Mallorca Domains” provides software in which visitors can view information about the companies. “Mallorca Domains” has no control over the accuracy, completeness and security of information posted by the companies. Therefore, “Mallorca Domains” can not assume any responsibility for this information. Liability for this is excluded in any case. For the correctness of the information of companies or offers of companies “Mallorca-Domains” also assumes no liability. Companies may, even if this is not permitted, enter incorrect information or use the system for other improper or illegal means. For the inadmissible or unlawful use of the system, any liability of “Mallorca-Domains” is excluded. Furthermore, “Mallorca Domains” assumes no liability for the correctness of the information to be processed. “Mallorca-Domains” assumes no liability for the uninterrupted availability of the system and for system-related failures, interruptions and malfunctions of the technical systems and the service. In particular, “Mallorca-Domains” shall not be liable for any disruptions in the quality of access to the service due to force majeure or events beyond the control of “Mallorca-Domains”, in particular the failure of communication networks and gateways. For insignificant interruptions of the service “Mallorca domains” assumes no liability. For damages that do not occur due to the aforementioned causes, “Mallorca-Domains” liable only for intent and gross negligence of his organs, employees and agents and only in the relationship in which he participated in relation to other causes of the origin of the damage Has. “Mallorca Domains” is liable for simple negligence only to the extent that an organ, employee or vicarious agent has violated a contractual obligation. The liability is limited to the typical damage. Moreover, liability is excluded.
Each company hereby represents “Mallorca Domains” from any liability and from all obligations, expenses and claims arising from damages for libel, insult, violation of personal rights by other companies or visitors, due to the failure of services to companies, due to the Infringement of intellectual property or other rights by companies, free. Furthermore, each company exempts “Mallorca Domains” from all liability and all claims and costs resulting from a breach of these terms and conditions.
Notifications of “Mallorca Domains” to companies are made via appropriate screens or by e-mail. Communications from companies must be sent by e-mail to the addresses stated on the pages or by post.
20. Set-off / retention
Each company can only set off its own claims or assert a right of retention, as far as its claims are legally established, undisputed or recognized.
Companies declare their agreement that “Mallorca-Domains” will send advertisements to the respective company via the service offered by them.
22. Changes in the Terms and Conditions
“Mallorca Domains” is entitled to change the terms and conditions at any time. “Mallorca Domains” will explicitly inform companies about the respective change and ask them to agree to the change. If a company does not accept the change prior to using the service for the first time after receiving the change notification, the use of the company’s service will be continued under the old conditions. The contractual relationship and the monthly subscription of companies remain unaffected and can not be terminated. In this case, at the request of the company, the old provisions will be maintained until the end of the contract period.
For these terms and conditions and the entire legal relationship between companies and “Mallorca domains” is the law of the Federal Republic of Germany, excluding German conflict of laws. Should individual provisions of these General Terms and Conditions be or become invalid or incomplete, the validity of the remaining General Terms and Conditions shall remain unaffected. The invalid or incomplete provision will be replaced or supplemented by a provision which comes closest to the economically intended result. The exclusive place of jurisdiction for all disputes arising in connection with contentdevil.com is the domicile of the “Mallorca Domains”.
Each user has the right to revoke the contractual relationship with “Mallorca Domains” within 2 weeks after the start of the contract (date of registration) by written declaration. The monthly subscription fee is deducted proportionally from the specified account.
25. Authorized representative
Operating company of the website: Travel on Planet UG (haftungsbeschränkt) – 82194 Gröbenzell – HRB 182118 Munich. Legal representative is Mr. Christian Nikolow.