General Terms and Conditions

1. Scope of Application
2. Subject matter of the contract
3. Conclusion of the Contract
4. Remuneration
5. Impairment of performance
6. Applicable Law
7. Place of Jurisdiction
8. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) der Wistana GmbH (hereinafter “agent”) apply to all contracts for the brokerage of contracts (hereinafter “main contract”) that a consumer or trader (hereinafter “customer”) concludes with the agent via the agent’s website. The inclusion of the customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
1.3 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Subject matter of the contract

Subject of the contract between the customer and the agent regulated in these GTC is the brokerage of contracts concluded between the customer and a third-party provider (hereinafter “provider”). The content of the main contract results from the respective article or service description available on the website of the respective provider. The agent’s obligation to perform is limited to directing the customer to the respective provider’s offer via an electronic link on his/her website. The agent does not itself become a party to the main contract and does not accept any declarations of intent relating to the main contract. Furthermore, the agent does not guarantee the actual conclusion of a contract between the customer and the provider. The fulfilment of the main contract is not carried out by the agent but by the respective provider. The main contract is governed by the statutory provisions applicable to the relationship between the customer and the provider and, where applicable, by any deviating contractual terms and conditions issued by the respective provider.

3) Conclusion of the Contract

3.1 The agent provides the customer with various advertising links or banners on his/her website, which redirect the customer by mouse click to the offers made by the respective providers. The provision of these advertising links or banners constitutes a binding offer by the agent to conclude a brokerage contract, which the customer can accept by clicking on the respective advertising link or banner.
3.2 The text of the contract relating to the brokerage is neither stored by the agent nor is it accessible to the customer after he has submitted his contractual declaration.
3.3 The English language is available for the conclusion of the contract.

4) Remuneration

The brokerage of the main contract is free of charge for the customer. Any costs incurred by the customer as a result of the brokered main contract shall be communicated to the customer in the respective provider’s offer and, should a contract be concluded, shall be settled directly by the provider and the customer. In this respect, the statutory provisions shall apply between the customer and the provider as well as any deviating contractual conditions of the respective provider.

5) Impairment of performance

5.1 The agent shall be liable to the customer in accordance with the statutory provisions for defaults related to the brokerage of contracts between the agent and the customer.
5.2 The agent is not liable for defaults on services relating to the main contract between the customer and the provider. The customer must assert claims for defaults on services relating to the main contract directly against the respective provider.

6) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

7) Place of Jurisdiction

7.1 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.
7.2 If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Republic of Austria, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

8) Alternative dispute resolution

8.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
8.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.