1 General Information
1.1 Provider of croowy.de (“Croowy”) is Croowy GmbH, Sindlinger Bahnstraße 110, 65931 Frankfurt.
1.4 The user has no permanent right to use Croowy. A permanent availability of or access to this platform in particular are not an imperative requirement. Yet Croowy endeavors to facilitate uninterrupted usage of the platform and update the platform as to the users requirements.
1.5 Croowy does not warrant completeness, accuracy and availability of the information provided by Croowy. Every user who encounters wrong or misleading information is asked to inform Croowy.
2. Delivery of airline and hotel data
2.1 The services Croowy provides typically involve collecting data related to airline and hotel information provided by the client and other clients, and then integrating, enhancing, or processing this data to make it available to the client through a web application called the “Croowy Platform” (app.croowy.de). The specific scope of the services depends on the package selected by the client.
2.2 Croowy makes information available through the Croowy Platform (app.croowy.de) by gathering data from airlines and hotels. Additionally, Croowy may, at its discretion, include data based on its own online research. The client acknowledges that Croowy aggregates data from third-party sources that it cannot independently verify. Croowy will accurately transcribe its own research data into the Croowy Platform but is not responsible for verifying or guaranteeing the accuracy or completeness of any data obtained from external sources, including (but not limited to) airlines and hotels and online resources.
3 Usage of Croowy and implementation of the “virtual property rights”
3.1 Parts of Croowy (e.g. croowy.de) can be used without registration. Most functions and services on the Croowy Platform (app.croowy.de) though can be used by registered members only.
3.2 It is the user’s sole responsibility as to which content is being put on Croowy. He obligates himself to Croowy not to include illegal content.
3.3 The user may not send copious mails of the same content via Croowy. All kinds of spamming or similarly objectionable actions towards other users is prohibited.
3.4 Access to and usage of Croowy is executed individually via one web browser. The application of Webspider, Crawler or similar programs with the purpose of not only indexing the content but also extracting and saving large quantities of the platform’s content is prohibited. Included are programs in particular that facilitate offers and services of a third party via the so-called Screenscraping.
4 User Access and Licensing
4.1 Users have the possibility to create an account for the usage of the Croowy Platform. The user must provide the full name, the hotel or airline name, an email address as well as a secure password to receive access to the Croowy Platform.
4.2 During registration the user claims association and ownership of a certain hotel or airline. In case no other user has claimed ownership yet, the user will be granted admin rights to the hotel or airlines account, subsequently called “Company Account”.
4.3 Croowy has the right to verify the provided information and to deny or block access to the account in case Croowy comes to the conclusion that this user is not legit or that this user shall not take ownership of the hotel or airline account on Croowy for other reasons.
4.4 The access credentials can only be used by the designated user and must not be shared with anyone else (including other employees or agents of the client), except in the case of temporary absence (e.g. vacation or sickness). The designated user role can only be transferred if the original designated user is no longer employed in a role that requires access to the services. The client must notify Croowy of any such transfer.
4.5 The client must promptly notify Croowy if they or the designated user suspect that the access credentials have been shared with unauthorized individuals or if unauthorized individuals have gained access to the services. In such cases, the client must change the access credentials (password) immediately.
4.6 The admin of a Company Account can add additional users with various roles to the company account. The exact number of users per Company Account and available user roles are subject to the subscription the user has purchased for the Company Account.
5.1 As compensation for Croowy’s provision of the services, the client agrees to pay Croowy the agreed fee along with any applicable value-added tax at the standard rate.
5.2 If the client has chosen the FREE subscription, they will not be required to pay the yearly fee unless (i) the contract is converted into a BASIC subscription contract as outlined in clause 6.5, or (ii) the parties agree to convert the contract into a PRO package, in which case the client will pay the relevant fee for that package.
5.3 Croowy is entitled to invoice the fee annually, at the start of each calendar month from the contract’s commencement and renewal date. Invoices must be paid within 14 days of receipt.
6. Duration and Cancellation
6.1 These terms will take effect when the user registers on the Croowy Platform and clicks to accept the terms. If you are accepting on behalf of Customer, you represent and warrant that (i) you have full legal authority to bind Customer to this Agreement; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of Customer, to this Agreement.
6.2 The subscription of a Company Acccount to the BASIC or PRO package will take effect i) on the date of the subscription purchase on the Croowy Platform, or ii) on the specified date agreed upon by both parties or iii) if no date is specified, the contract will take effect on the date an agreement is signed by both parties (the “Effective Date”).
6.3 These terms will remain in effect until i) the user requests a deletion of the individual user and Company Account on the Croowy Platform. The terms apply whenever the user visits the Croowy Website or Platform even after deletion of the account.
6.4 The Croowy subscription will remain in effect for one year after a subscription was purchased, unless terminated by either party with a minimum of 30 days’ written notice prior to the end of the subscription year (the “Initial Term”). After that, the agreement will automatically renew for consecutive one-year terms (each, a “Renewal Term”).
7. Client’s Data Provision
7.1 In addition to paying the agreed Fee, the Client acknowledges that it is essential to Croowy’s provision of the Services that the Client must continuously share with Croowy certain data relating to its own business, as set out in more detail below.
7.2 This section applies to Hotel Accounts only: During the entire term of the Contract, Hotel Client’s shall provide Croowy with data for indicative airline rate ranges based on their business requirement. Such data is to be provided as soon as the business mix changes. Subject to clause 7.4 below, the data shall contain the following information: hotel profile, crew benefits, hotel description for airlines and RFP questionnaire.
7.3 No personal data (as defined in the GDPR) shall be transmitted by the Client. If a passenger is a natural person, the Client shall fully anonymize the data which relates to that passenger’s flight booking prior to transmitting it to Croowy. The Client will indemnify and hold Croowy harmless from and against any third party claim, damage, loss, and expense (including reasonable market-rate legal fees) suffered or incurred by Croowy due to the Client’s breach of this clause 7.4.
7.4 The data to be provided under clause 7.2 and 7.3 above shall be provided by email, in tabular form, and in any of the following formats: .xls, .xlsx, .txt, .csv.
7.5 If and for as long as the Client fails to comply with its obligations under clause 7.2 above, Croowy shall be entitled to suspend the provision of the Services to the Client. In the event of repeated failures to comply despite prior warning, Croowy shall be entitled to terminate the Contract without notice and with immediate effect.
8 Alterations to Airline & Hotel Data
8.1 Croowy shall be entitled (but not obliged) to amend or adjust the contents of the Services to an extent that is reasonable for the Client, in particular in case of technological advancement or if it is required due to an important reason – e.g. disturbances in the provision of services by sub-contractors or for security reasons – and the characteristics within the description of the Services, as well as the major obligations of Croowy, remain substantially unaffected. If changes do not solely regard insubstantial elements of the Services, Croowy will inform the Client about the changes at least four (4) weeks in advance via email.
8.2 In the event that Croowy changes the functionality of the Services for reasons other than those set out in clause 8.1 above, Croowy will inform the Client accordingly in advance in text form (“Change Notice”) and grant the Client a time period of at least two months to object to such changes. If the Client fails to object within the aforementioned time period, the Client shall be deemed to have consented to the changes proposed, provided that Croowy must advise the Client in its Change Notice that a failure to object within the time period stated will constitute consent. If the Client does object to the changes, Croowy may terminate the Contract effective on the date on which the changes come into effect. This clause 8.2 applies only to the extent that Croowy’s main performance obligations remain unaffected by the changes.
9 Service Guarantees
9.1 The statutory warranty rights that apply to the Services are subject to the following modifications.
9.2 A defect in the services is only considered to be a substantial deviation if it deviates from the scope of services explicitly agreed in the description of the services.
9.3 If a defect in the services is found, Croowy will repair the defect or provide the service without the defect within a reasonable period set by the client in writing. The repair may also include instructions to work around the defect in a reasonable way, so the client can use the services as agreed.
9.4 If Croowy is unable to repair the defect within the reasonable period set by the client, the client may reduce the agreed payment for the affected service by a reasonable amount.
9.5 If the unremediated defect of a service completely prevents the client from using the services commercially, the client may terminate the services and claim damages, subject to clause 10.
9.6 The client must inform Croowy immediately in writing of any defects and provide all information about the defect that is available and useful for Croowy to reproduce, analyze, and repair the defect, at no cost to the client.
10.1 Croowy’s statutory liability shall be unlimited for intent and gross negligence as well as for injury to life, body or health; in this case Croowy shall be liable for any culpable conduct of its employees, agents and representatives. Croowy’s statutory liability is further unlimited for breaches of any guarantees (which must be expressly designated as such in order to be guarantees in the legal sense) and under the German Product Liability Act.
10.2 Other than in the cases set out in clause 10.1, Croowy is liable for slight negligence only in the event of a violation of essential contractual obligations (cardinal obligations). Cardinal obligations for the purpose of this clause are obligations that must be performed in order to achieve the purpose of the contract and on the performance of which the Client may therefore generally rely. However, liability for such slightly negligent breaches of cardinal obligations under this clause 10.2 is limited to the typical and foreseeable damage for airline & hotel data.
10.3 Any further liability of Croowy, in particular the no-fault liability for Defects already present in the Services upon conclusion of the contract (sec. 536a para. 1 of the German Civil Code), is excluded.
10.4 In no event shall Croowy be liable for any non-performance or delay in performance due wholly or partly to any cause not reasonably in its control or not avoidable by reasonable diligence, including, but not limited to, acts of God, acts of terrorism or war, government or administrative orders, pandemics, labour disruptions, strikes, severe weather, delays or disruptions in transportation.
11 Service Availability
Croowy owes an average monthly availability of the Croowy Platform of 99.5% (measured at the load balancer of Croowy’s Cloud infrastructure). This means that the airline & hotel data may be unavailable for up to 223 minutes each month. This excludes scheduled maintenance work and disturbances beyond Croowy’s control, including but not limited to force majeure. Croowy will inform the Client about scheduled maintenance work in advance where possible. For clarity, Croowy may carry out emergency maintenance work without prior notice if necessary, especially if this is required for operational safety reasons.
12 Intellectual Property / Copyright protection
12.1 All information accessible through the Croowy Platform is protected by copyright or other intellectual property laws (such as the database right). Any display and/or printing of information obtained through the Croowy Platform is intended only for internal use by the Client.
12.2 The Client may not reproduce, make publicly accessible, re-transmit, distribute, disseminate, sell, publish, broadcast or circulate the information obtained through the airline & hotel data to any third party without the express written consent of Croowy. For clarity, this also includes any affiliates of the Client.
13 Liability for a third party
13.1 The Croowy website contains some links to third party websites whose content is not known to Croowy. Croowy merely procures the access to these websites and is not responsible for their content. The links to external websites are to facilitate their navigation. Croowy does not appropriate, but dissociates itself completely from all the content that is presented on the third party websites which are linked to this platform.
13.2 The owners of the websites, which are connected to this platform via a hyperlink, are solely responsible for their content as well as for their offered products.
14 Data Protection
15 Governing Law and Jurisdictional Regulations
15.1 The General Terms and Conditions Act is based on the law of the Federal Republic of Germany.
15.2 All disputes arising from or related to this agreement shall be exclusively handled by the courts in Frankfurt, Germany, unless applicable statutory regulations mandate the exclusive jurisdiction of another court.
Last modified on: Saturday, 4th February 2023
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