Dated: October 12, 2009

§ 1 Area of application
(1) The following general terms and conditions shall apply to all bookings and reservation inquiries that are booked with the booking system workmatrix.

(2) Any deviating conditions of the booker are herewith explicitly objected to.


§ 2 Contractual relationship with workmatrix
workmatrix offers only the arrangement of travel services of third parties acting as communicating messenger between the booking guest and the booked hotel. There is no contractual relation with respect to the booked travel service between workmatrix and the booking guest. Workmatrix itself does not offer any travel services.


§3 Arrangement of booking and payment

(1) The contract is directly agreed between the booked hotel and the booking guest. The payment by the booking guest is directly made to the booked hotel. The booking guest has to direct all claims and obligations that arise from the hotel contract, especially in connection with §§ 651a and following according to the German Civil Code, directly to the booked hotel.
(2) The arrangement by workmatrix is free of costs for the booking guest. The booking arrangement via workmatrix is limited to 1 room per booking process. For bookings of further rooms, the booker has to start a new booking process.
(3) The bookings made via workmatrix are binding. On completion of the booking process the booking guest receives a confirmation of the booking via e-mail.
workmatrix is not able to verify the receipt of the e-mail. However, the bookings are binding towards the hotel also without the confirmation of the booking.
(4) In order to complete a booking, the booking guest must enter a valid credit card number during the booking process. The credit card won’t be charged by workmatrix. The credit card number won’t be stored by workmatrix, it is directly forwarded to the booked hotel in order to confirm your booking.
(5) The website www.totonuhotels.com and its contents are exclusively available to receive information about the hotel and hotel bookings, which are not effected automatically.

§4 Reservation conditions

(1) The reservation conditions may vary from booked rate and hotel. However, the conditions of the booked hotel have to be respected. A booking is mostly valid until 6 pm (local time of the hotel) of the arrival day. After 6 pm the guest is normally not entitled to claim the accommodation, unless the hotel was previously informed about the late arrival, and agreed with it.

§5 Transfer und assignments of claims
(1) As the arrangement with workmatrix is free of costs for the booker, it is forbidden to further arrange or sublet booked rooms. Users who violate the rules are revoked immediately.
(2) A transfer or selling of the rights of claims against the booked hotel has to be agreed previously with the hotel and is impossible without its agreement.

§6 Cancellations and modifications
(1) Cancellations und modifications of bookings can only be done directly with the system of workmatrix entering the booking number and the e-mail address indicated on the booking. Modifications or cancellations that are made directly at the booked hotel, can’t be followed-up by workmatrix. Thus, workmatrix does not have any information regarding the date, modification or cancellation, its existence, or its contents. Cancellations or modifications of bookings made with workmatrix that are carried out directly at the booked hotel have no effect towards workmatrix.
(2) When cancelling a valid booking through the workmatrix booking system, a cancellation number is automatically issued. The guest should retain the cancellation number for future reference.
(3) Cancellations carried out by workmatrix on unknown users
workmatrix reserves the right to cancel reservations, if the booking is not guaranteed (no valid credit card number).
workmatrix also reserves the right to cancel bookings if a number of erroneous bookings have been done with the same e-mail address, and if the booker does not use the booking without previous cancellation in due time.

§ 7 Hotel information and hotel categories
The hotel classification e.g. based on stars is not binding and is based on information and self-assessment of the individual hotel. This pertains also to all information regarding the single hotels. The same pertains to subjective evaluations placed on the booking platform workmatrix by hotel guests.

§ 8 Room rates
(1) All room rates indicated on workmatrix are determined by the hotels. The room rates indicated on www.totonuhotels.com are up-to-date prices that can be modified by the hotels at any time, also on an hourly basis. workmatrix has no influence on the pricing and rates.
(2) All rates for hotels in Germany include the applicable rate of the value added tax. In other countries, the rates may include other taxes (e.g. visitor’s tax), and costs besides the rates. Taxes, duties, and costs accruing at hotels abroad are determined by the respective local provisions.
(3) Currency
The rates are normally indicated in the national currency of the respective hotel. The applied currency is determined by the hotel. The specification in EURO is not binding. The exchange rate applicable at the date of booking is taken into account.

§ 9 Liabilities
(1) workmatrix is liable in all cases of intent or gross negligence or on part of a representative or auxiliary person according to statutory regulations. By the way, workmatrix is only liable due to injury of life, body or health or due to culpable violation of major contract. However, the claim to damages for infringement of cardinal contractual obligations is limited on contract-typical predictable damage, if none of the exceptional cases specified in sentence 1 or 2 of this paragraph (1) is present. The liability of workmatrix is limited also in all cases of gross negligence on contract-typical predictable damage, if none of the exceptional cases specified in sentence 2 of this paragraph (1) is present.

(2) The provisions of the above paragraph (1) pertain to all claims to damages (especially for damages in addition to performance and damages in place of performance), and regardless of the legal grounds, especially due to defects, breeches of obligations or liability in tort. They also apply to a claim for reimbursement of futile expenses.


§ 10 Privacy Policy
(1) The data entered by the customer on workmatrix are electronically processed. The data are exclusively used to process the booking and to forward the data.
The data is stored and processed in accordance with the relevant provisions of the Federal German Data Protection Act (Bundesdatenschutzgesetz, BDSG) and the Teleservice Data Protection Law (TDDSG).
(2) The use for promotion purposes of the data that the customer entered on workmatrix results only with the express consent of the customer.

§ 12 Applicable law, place of jurisdiction, other
(1) The law of the Federal Republic of Germany shall govern the legal relationship between the parties to the exclusion of the UN Convention on Contracts for the International Sale.

(2) If the booking party is a commercial agent, the solely place of jurisdiction is the residence of workmatrix for all disputes arising from the contractual relation.

3) We explicitly point out that our data is copyrighted, and that any duplication (especially by automatic read-out, so-called scraping) is prohibited.

§ 13 Links
The provision of links to other services serves the interests of our users. If you click on the links with other websites you will quit the website of workmatrix GmbH. The access to websites of third parties via these links is at sole responsibility of the user.
Workmatrix doesn’t have any influence on the contents of third parties. With getting notified about any infringements we will immediately remove these links. A permanent verification of all contents is realistically not possible.

§ 14 Language version
The German language version shall be decisive for the relation between you and Totonu Hotels.
In case any discrepancies or contradictions should exist between the German language version and one of the translated versions, the German language version shall be decisive.