TIMIFY - TerminApp GmbH, Balanstraße 73, Gebäude Nr. 24, 3. OG, 81541 München, Germany (“TIMIFY”) operates an online booking solution for appointments. Entrepreneurs registered in the online booking solution (“Service Providers”) can make nonbinding appointments for their services visible online, and offer online booking thereof, through the online booking solution. Visitors of the online booking solution have the possibility to view the available non-binding appointments for services offered by Service Providers through the online booking solution and to book such non-binding appointments for services as registered users (“Bookers”).
1. Subject matter and services
TIMIFY provides the Booker with free access to the online booking solution for the purpose of booking non-binding appointments for services offered by Service Providers. TIMIFY only acts as a broker in this regard to enable Bookers and Service Providers to initiate contracts on their own responsibility.
The online booking solution can be accessed by Bookers via the TIMIFY website (http://www.timify.com) (“TIMIFY Website”) and via the TIMIFY mobile app which is available for certain mobile devices (hereinafter “Booker App”).
2. Booker account and Access Data
To be able to book non-binding appointments for services of Service Providers via the online booking solution, it is necessary to create a Booker account. This requires the Booker to enter his or her first name and last name, title, e-mail address, mobile number and password. The e-mail address and the password entered also serve as Booker’s access data for the online booking solution (hereinafter “Access Data”). The Booker assures that all data provided by him or her in the course of registration are accurate and complete.
The Booker undertakes to keep confidential the Access Data required to access the Booker account. The Booker shall inform TIMIFY in text form (Sect. 126 b of the German Civil Code) without undue delay if a third party has obtained the Access Data without his or her authorization. The Booker accepts full responsibility for any and all actions which are done by unauthorized third parties using his or her Access Data unless the Booker is not at fault with regard to such unauthorized actions.
3. Conclusion of contract
The completion of the registration procedure initiated by a Booker to create a Booker account constitutes a legally binding offer of the Booker for the conclusion of a contract for the use of the online booking solution. TIMIFY accepts Booker’s offer in a legally binding manner by activating the account. The contract between the Booker and TIMIFY is formed only by such activation. TIMIFY is not obliged to accept the offer submitted by the Booker, and therefore not obliged to enter into the contract.
4. Use of online booking solution on users’ own responsibility
TIMIFY provides Service Providers and Bookers with the online booking solution as a technical infrastructure to be used on their own responsibility to initiate a contract. In doing so, TIMIFY itself is unable to influence the specific use of the online booking solution by a Service Provider or a Booker, or, in particular, the nonbinding appointments made available by Service Providers through the online booking solution, the content of the service descriptions designed by them, price information or other information, or the content of Booking Profiles.
The online booking solution does not enable the conclusion of binding contracts between Service Providers and Bookers. The booking of an appointment is only a nonbinding reservation of an appointment. The nonbinding reservation shall not create any obligation of Bookers or Service Providers for the conclusion of a contract for the relevant services. Any contracts between Bookers and Service Providers shall be concluded exclusively through personal contact between Bookers and Service Providers.
The parties to a contract for services provided by a Service Provider are the Booker and the Service Provider only. TIMIFY is also unable in this context to influence the structure of the legal relationship between the Service Provider and the Booker.
TIMIFY is also unable to influence the provision of a service offered by a Service Provider, its quality or its use by a Booker. TIMIFY therefore, in particular, does not accept any responsibility for the Service Provider’s actual availability of the nonbinding appointment booked by a Booker or for the actual performance of the service, for such service’s conformity with the quality agreed between the Booker and the Service Provider and/or with other contractual arrangements and/or for the service being otherwise free of defects. TIMIFY is also not responsible for any damage which a Booker incurs in connection with a Service Provider’s provision of services.
The online booking solution does not meet the requirements of the principles for the proper keeping and storage of books, records and documents in electronic form and data access (GoBD). Bookers shall be solely responsible for storing data in accordance with any statutory requirements applicable to them from time to time, in particular requirements under commercial or tax law.
5. Booking appointments
To book non-binding appointments for services of Service Providers via the online booking solution, the Booker selects a Service Provider, a service and a specific time and date. If the Service Provider so allows for the service selected, the Booker can also select a specific employee of the Service Provider to provide the services.
In the course of the nonbinding booking procedure, the Booker has the possibility to check his or her information for mistakes and, if necessary, to correct it.
The Booker completes the non-binding booking procedure by clicking a button intended for this purpose. The Booker recognises that the online booking solution does not enable the conclusion of binding contracts between Service Providers and Bookers. The booking of an appointment is only a nonbinding reservation of an appointment. The nonbinding reservation shall not create any obligation of Bookers or Service Providers for the conclusion of a contract for the relevant services. Any contracts between Bookers and Service Providers shall be concluded exclusively through personal contact between Bookers and Service Providers.
After completion of the booking procedure, the Booker receives an automatic e-mail confirmation of the non-binding booking.
An entitlement to use the free services of TIMIFY in connection with the online booking solution exists only within the limits of the technical and operational possibilities of TIMIFY. TIMIFY endeavours to ensure that the online booking solution can be used with as little interruptions as possible. However, there may be temporary restrictions or interruptions as a result of technical malfunctions (e.g. interruptions of power supply or data lines, hardware or software defects).
TIMIFY shall be liable for any damage resulting from the use of the free TIMIFY services in connection with the online booking solution only to the extent that such damage has arisen as a result of the contractual use of the online booking solution and only if TIMIFY has acted with intent (including malice) or gross negligence.
9. Data protection
TIMIFY attaches great importance to the protection of personal data and collects, processes, and uses personal data of the Booker only in observance of the applicable data protection laws and in accordance with the principles described in the privacy statement (https://www.timify.com/privacy).
10. Term and termination
The contract for the use of the online booking solution is concluded for an indefinite period of time. It can be terminated by either party at any time with immediate effect by giving notice in text form (Sect. 126 b of the German Civil Code).
Any contractual relationships between the Booker and the Service Providers remain unaffected by such termination of the contract for the use of the online booking solution.
In the event of legal disputes, you have the possibility to use an alternative dispute settlement. The following link from the EU Commission (also known as the OS platform) contains information on online dispute resolution and serves as a central point of entry for the out-of-court settlement of disputes arising from online purchase contracts: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN. However, TIMIFY does not participate in dispute resolution proceedings before a consumer sacking agency and is not legally obliged to do so.