Centraltec GmbH
General, scope of application
1.1. Kattingo is an online platform operated by Centraltec GmbH for the planning of trips and the performance of related services. These General Terms and Conditions (hereinafter referred to as T&Cs) shall apply exclusively to contracts between Centraltec GmbH (hereinafter referred to as "we," "us," or "Centraltec") and our customers for the provision or mediation of services and the creation and transfer of documents (hereinafter referred to as "services"), unless the customer is not a consumer.
1.2. The customer's General Terms and Conditions shall only apply if we have explicitly given our written consent. These T&Cs shall also apply in particular to contracts with our customers even if we perform services without reservation in knowledge of conflicting or different General Terms and Conditions of the customer. In this case, an unreserved performance of services by us does not constitute an express consent to the customer's General Terms and Conditions.
Registration, conclusion of contract, general performance, right of withdrawal
2.1. The use of our online services requires registration within the online portal operated by Centraltec. The registration and creation of the user profile is carried out by the customer.
2.2. Our offers to the customer are non-binding. They are an invitation to the customer to make a binding offer by placing an order with us.
2.3. By commissioning, the customer makes a binding offer to enter into a contract with us, which we can accept within a period of 2 weeks after receipt. Acceptance takes place by sending an order confirmation or the signed contract to the customer or by performing the services for the customer.
2.4. We are entitled to perform the services ourselves, through affiliated companies (§§ 15 ff. AktG) or through sub-contractors.
2.5. (Delivery) dates are non-binding, unless something to the contrary is agreed in writing.
2.6. If we are prevented from performing the services owed to the customer due to incorrect and/or timely delivery by our suppliers or due to permanent technical malfunctions of a sub-contractor, we are entitled to withdraw from the contract, if such an impediment to performance is not attributable to us. The same applies in cases of unforeseeable operational disruptions such as acts of God, strike, lockout, absence of personnel without fault, government intervention, or similar events. In the event of such an impediment to performance, the customer will be informed immediately. If we want to exercise our right of withdrawal in this case, we will immediately do so. The consideration already received will be refunded to the customer immediately.
2.7. In case of default, after an unsuccessful grace period in writing of at least fifteen (15) working days, the customer may terminate the contract in whole or in part. However, services already provided will be billed according to these terms and conditions (if necessary in conjunction with an individual contractually agreed arrangement).
Free Services
3.1. Registration on kattingo is free and a prerequisite for using all kattingo services. The information provided by the customer is publicly or partially publicly or not accessible according to user settings. The information and privacy settings can be changed by the customer at any time. The account also serves as a contact interface with kattingo. Through the account, customers can also send direct solution requests to centraltec GmbH.
3.2. The customer can indicate that they want to be informed about certain topic areas. This information is automatically provided by kattingo and/or via the specified email address.
4. Paid Services, Contract Duration, Automatic Contract Renewal
4.1. Centraltec GmbH offers its customers additional, paid additional products in addition to the services described in section 3. Unless otherwise agreed, the paid modules will be activated for a period of 1 month (hereafter monthly subscription) or 12 months (hereafter annual subscription) from the date of receipt of payment. The billing period ends with a monthly subscription at the end of each month or, in the case of an annual subscription, upon expiration of the 12th month after activation. Once the last day of the respective billing period has been reached, the subscription will be automatically extended by the same number of the previously booked billing period and the applicable fees will be charged. Different regulations require written form.
4.2. Once the last day of the respective billing period has been reached, the subscription will be automatically extended by the same number of the previously booked billing period and the applicable fees will be charged. Different regulations require written form.
4.3. Agreements deviating from these general terms and conditions require text form (e.g. email to info@kattingo.de) for their effectiveness. Terminations will be made by the customer via the kattingo platform. The right to extraordinary termination for important reasons remains unaffected.
4.4. In the event of a breach of duty by the customer, in particular in the event of default of payment, we are entitled to withhold the service or to deactivate the user account without setting a deadline and/or to withdraw from the contract, if necessary after setting a deadline.
4.5. Adjustments, changes or expansions of our online services may result in temporary interruptions or impairments of availability. If possible, centraltec GmbH will limit the technically necessary downtime to a period between 22:00 and 06:00 (CET). Centraltec GmbH will inform the customer of any functional impairments as soon as we become aware of them.
5. Prices, Payment Terms, Setoff, Retention
5.1. The prices listed on our website, Google Playstore or Apple App Store apply. Costs arise and are generally due upon acceptance of the offer, unless otherwise agreed between the parties. A different agreement requires at least text form.
5.2. Discount is not granted. Deduction of discount requires separate agreement with the customer.
5.3. In the case of granted direct debit (SEPA direct debit), the amount is due on the date communicated by us. To facilitate the payment process, the generally 14-day notice period for informing the customer of an upcoming direct debit will be reduced to one day prior to the debit, unless the customer is a consumer. We are free to choose the method of transmitting the advance information within the legal requirements; for example, it can be part of the invoice or combined with other documents and provided in advance for multiple direct debits. The customer assures that they will take all necessary steps to ensure timely receipt of payment by us.
5.4. For payments not received by us in a timely manner, a flat-rate compensation of 0.5% of the overdue amount will be charged for each week that has begun, but no more than 5% of the overdue amount. If centraltec GmbH asserts further claims for damages, the flat-rate compensation will be offset against these. The customer remains entitled to prove a lower damage.
5.5. The customer is only entitled to set off if their counterclaims have been legally established, are undisputed, or have been recognized by us.
5.6. The customer is only authorized to exercise a right of retention to the extent that their counterclaim is based on the same contract relationship.
6. Changes to the Services
6.1. Centraltec GmbH reserves the right to adjust, in particular, the scope of the non-chargeable elements to technical and economic circumstances and to possibly expand services with additional functions. In particular, Centraltec GmbH is entitled to convert free functions completely or partially to a chargeable model. Centraltec GmbH will inform all customers of kattingo of this in good time. No calculation of services already provided within the framework of the free use or automatic switch to chargeable modules will take place. Accounts that only use free offers may be deleted. Centraltec GmbH is not obliged to permanently retain data associated with free profiles. Centraltec GmbH reserves the right to discontinue free services without giving reasons or dates. Centraltec GmbH is not obliged to permanently retain data associated with free profiles.
6.2. Before consenting to individual services, Centraltec GmbH will submit a cost estimate. If we have not agreed on a cost estimate in writing as a binding contractual basis, it is an non-binding cost estimate.
Warranty Claims
8.1. If the customer is not a consumer, warranty claims can only be made if the customer has properly fulfilled their inspection and notification obligations under § 377 HGB. In the event of the delivery and availability of software, the customer is obliged to examine this immediately after the granting of the right of use and to notify recognized defects in text form with a detailed description of the error. If the customer fails to make the notification, the software is considered approved, unless the defect was not recognizable.
8.2. If we are obliged to provide subsequent performance or rectification, we are entitled, at our option, to provide subsequent performance in the form of a removal of defects or delivery of a new defect-free item.
8.3. If the chosen form of subsequent performance or rectification fails with the customer, the customer is entitled, at his option, to withdraw from the contract or to claim a reduction of the purchase price. A failure of the chosen form of subsequent performance only occurs after the second unsuccessful attempt.
8.4. If the customer is not a consumer, the warranty period is 12 months.
8.5. If the customer is not a consumer, the centraltec GmbH is in no case obliged to re-provide the services (reproduction of the work) as part of the rectification. The customer's demand for rectification or remediation must be in writing. A period of 2 weeks must be granted to us for rectification and remediation. If rectification fails or remediation is not successful, the customer has the right to reduce or, at his discretion, to withdraw from the contract. The customer's right to claim damages remains unaffected.
8.6. In the case of granting the possibility of using software, as well as the data introduced, the legal provisions of sections 535 ff. of the German Civil Code (BGB) apply. The liability-independent claim for damages according to section 536a para. 1 sentence 1 BGB is excluded. Otherwise, the provisions of sections 611 ff. BGB apply.
9. Accuracy of Information / Limitation of Liability
9.1. The customer uses his account with kattingo to plan trips only carried out by himself. Any bookings are made through our external partners. Centraltec GmbH is not a contract partner in bookings made through external providers who offer their services or products through kattingo.
9.2. In the case of simple negligence, Centraltec GmbH is liable – regardless of the legal basis – only if a material contract obligation has been violated (i.e., an obligation whose fulfillment enables the proper performance of the contract and on whose compliance the customer regularly relies and trusts). In these cases, liability is limited to the contractually typical, foreseeable damage.
9.3. Against entrepreneurs and other legal entities, our liability is further limited to the maximum compensation payable under each individual order confirmation per calendar year.
9.4. In the case of data loss, our liability is limited to the compensation for the damage that would have occurred if the customer had properly backed up their data.
9.5. Further claims for damages or compensation by the customer – regardless of the legal basis – are excluded against non-consumers. This applies in particular to liability without fault.
9.6. The statute of limitations for claims for breaches of duty by Centraltec GmbH is twelve (12) months. If the customer is a consumer, the statutory periods apply.
9.7. To the extent that our liability is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives, and agents (especially data centers and telecommunications service providers).
9.8. The provisions apply to all claims for damages (especially for damages in addition to performance and damages in lieu of performance), regardless of the legal basis, in particular due to defects, breach of contract obligations or unlawful actions. They also apply to the claim for reimbursement of wasted expenses.
9.9. The above limitations of liability do not apply in case of intent, gross negligence, in the event of damage to life, body or health, in the case of a warranty given by Centraltec GmbH or in other cases where applicable law does not allow a limitation of liability (e.g., Product Liability Act).
9.10. A change in the burden of proof to the disadvantage of the customer is not connected with the above regulations.
9.11. kattingo is not liable for the content of the trips or the travel proposals created by us, including the specific planning. Customers are obliged to check their trips for accuracy and feasibility. In particular, the customer is obliged to pay attention to the official notices regarding the planned travel destinations.
10. Exclusion Clauses
10.1 Kattingo's services are exclusively intended for private use. Commercial use of the kattingo platform requires written consent. We offer separate contractual agreements and services for commercial providers.
10.2 The following content, and thus not the domains on which this content is located, may not be recorded, published or linked on kattingo:
Content that is racist, discriminatory, or glorifies violence;
Content that is capable of violating another person's personality rights;
Pornographic or erotic content in any form;
Content whose copyright origin is unclear or for which there is no release of rights;
Content from political party domains;
Content that has a spam character;
Content that contains malicious code;
Links to internet addresses that contain the aforementioned content.
11. Applicable Law, Jurisdiction, Miscellaneous
11.1. We retain all rights to the images, evaluations, drawings, calculations, technical documents, source codes, and other documents created by us and handed over to the customer. Their dissemination by the customer to third parties requires our express written consent, unless the documents can be transmitted to third parties from the cattingo platform via a "Share" function.
11.2. The law of the Federal Republic of Germany shall exclusively apply to the legal relationship of the parties.
11.3. This agreement is binding on the parties and their successors in title. No party may assign or transfer rights or obligations under this agreement without the prior written consent of the other party.
11.4. The sole place of jurisdiction for all disputes arising from the contractual relationship is the registered office of centraltec GmbH in Munich.
