The following terms and conditions (T&C) apply to the use of the platform www.dreamcheaper.com (hereinafter called "DreamCheaper.com" or "platform"). DreamCheaper.com is an online platform operated by DreamCheaper Global GmbH, which cancels hotel reservations and makes new reservations under/in the user’s name, once a better rate for a comparable hotel room at the same hotel is be found. For this DreamCheaper.com continuously searches various sources for a better price for a comparable hotel room at the same hotel for the previously booked period.
The use of the platform is subject to these Terms and Conditions.
DreamCheaper.com reserves the right to adapt the terms and conditions at any time, with effect in the future or to update when technical, economic or legal reasons make such an adjustment necessary.
Unless the user expresses consent for an adjustment to the terms of service, DreamCheaper.com will inform the user about any changes in the conditions of use in time (at least four weeks before the implementation of the amended terms and conditions). In this case DreamCheaper.com will send the new version of the T&C to the user’s registered e-mail address. In this context DreamCheaper.com will explicitly mention the possibility and time of objection to the changes undertaken and the consequences of no objection given.
If the user does not object to the change within four weeks after entry into force of the amended terms, the amended Terms and Conditions shall be considered accepted. The period begins on the day that will be announced by e-mail as the effective date of change.
If the user objects to the amendment, DreamCheaper.com is entitled, if necessary, to terminate the contract, based on his interests, with effect from the date of entry on which the revised terms were implemented, and delete the user account.
If the user uses the services of DreamCheaper.com for a specific reservation, he gives DreamCheaper.com the right to search for him for cheaper deals, and simultaneously gives DreamCheaper.com binding permission (authorization), to rebook and cancel the users initial booking and make new reservations on his behalf.
DreamCheaper.com then continuously searches the internet for the best rate for a comparable hotel room at the same hotel as the initial booking.
If through the operation conducted under section. 2.2., a lower price is found, DreamCheaper.com has the right to make a new booking on the users behalf to lower the price and cancel the previous reservation on his behalf.
DreamCheaper.com has the right to repeat the process, described under 2.3, with every price reduction. DreamCheaper.com may also undertake transactions that can no longer be cancelled free of charge. Before the user starts his trip, he will receive a confirmation email from DreamCheaper.com in which he will be informed of the rebooking and savings.
DreamCheaper.com reserves the right to undertake a transfer, as described in 2.3, even if the price remains the same.
In each case the contract for the hotel accommodation is directly and solely concluded between the user and the supplier (booking portal or hotel). DreamCheaper.com only acts as agent, and is not itself a party to the accommodation contract.
DreamCheaper.com has the right to make a booking, that slightly differs from the initial booking. These include in particular the following cases:
Fundamental differences (e.g. standard room instead of suite) remain unaffected if not explicitly accepted by the user.
Upon cancellation or rebooking/transfer DreamCheaper.com cannot determine, whether this causes the user to lose any bonuses or loyalty points, which he received for the initial booking or would receive when using the original reservation. Without any opposing/contradictory indication of the user, DreamCheaper.com can undertake cancellations and transfers, even if the user loses previously granted bonuses or loyalty points.
The benefits of DreamCheaper.com are only possible, if the initial reservation made by the user can be cancelled free of charge.
To use the functions/features of the DreamCheaper.com platform, the user needs to register with DreamCheaper.com (see clause 4).
In order for DreamCheaper.com to be able to cancel and make a new reservation on the users behalf, he grants DreamCheaper.com a proxy/authorization. This is done by granting DreamCheaper.com a specific order under these T&C in accordance with clause 3.3 of these terms.
In order to use the services of DreamCheaper.com, the user only needs to forward his initial booking confirmation to [email protected] From this point, the user has an obligation to refrain from making a cancellation or rebooking/transfer.
If the possibility of a transfer arises/exists, DreamCheaper.com will inform the user by email. In this case, the user can either accept or reject the booking.
If the user accepts the booking, DreamCheaper.com will book it for him and the user will be notified via email. If the (re-)booking can be cancelled, the user will be notified with reference to the cancellation deadline. If the user does not object to the reservation within this period, the reservation will become binding.
The user is given the option of stopping the search by DreamCheaper.com at any time by sending an email with this request to DreamCheaper.com. Bookings made by the user will not be canceled by DreamCheaper.com. Bookings made by DreamCheaper.com, will be canceled, unless the cancellation deadline has been exceeded.
If DreamCheaper.com needs to deposit own credit card details or other security data to make a booking for the user, he is obliged to avoid any additional costs. In particular, the user is obliged to provide the hotel with his own payment data upon arrival.
Upon registration a contract for the use of DreamCheaper.com comes into existence between the operator of the platform (DreamCheaper Global GmbH) and the user (see para. 1.4.).
Any information required for registration are to be complete and accurate and always be kept up to date by the user.
DreamCheaper.com is entitled to make the use of the platform dependent on an appropriate proof of the users identity and/or business ability or the consent of the users legal representative.
Registering with DreamCheaper.com is free of charge.
In the course of registration with DreamCheaper.com the user enters his email address (this is used the username) and creates a password.
The password used must be kept secret. The secrecy is fully and solely the user’s responsibility. The DreamCheaper.com user account may only be used by himself. Any unauthorized use of the user’s account, as well as any pertinent suspicion has to be immediately communicated with/to DreamCheaper.com.
DreamCheaper.com is entitled to save and process the users registered data in accordance with the regulations for data protection.
The performance of DreamCheaper.com is paid based on its success (rate). DreamCheaper.com gets 20% of the actual achieved savings (the difference between the initial and final price of the booking).
The commission is — unless explicitly otherwise stated in an individual case in the context of a booking offer — due on the date on which the user accepts and pays for the booking, the latest one day before the cancellation deadline.
Except the performance fee described in paragraph 5.1., the user will not be charged any additional fee for the service provided by DreamCheaper.com.
If DreamCheaper.com fully or partially disburses the accommodation expenses for a rebooking, the user will be charged with the costs.
The user can request an invoice from DreamCheaper.com, which will then be sent to him by email.
The user may terminate this agreement at any time. The license agreement may also be terminated by the user by deleting his DreamCheaper.com account. To delete his account, the user needs to send an email with his request to [email protected].
DreamCheaper.com can cancel the user agreement at any time with a notice period of 14 days.
The right to block and to terminate for an important cause remains unaffected by the foregoing provisions.
DreamCheaper.com assumes liability for DreamCheaper.com and will not cancel/rebook any user booking, without ensuring a new booking for the user. DreamCheaper.com is liable for any damage caused by a booking error/mistake made by DreamCheaper.com. However, DreamCheaper.com is not liable for any behavior contrary to agreement or otherwise damaging behavior of third parties (e.g. hotel operator), who are not agents of DreamCheaper.com.
DreamCheaper.com specifically excludes any liability for slightly negligent breaches of duty, unless fundamental contractual obligations (so called. cardinal obligations), concerning damages arising from injury to life, limb or health or guarantees or claims under the Product Liability Act. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract and on whose fulfillment you may trust. With regard to companies, the liability for the breach of duty is limited to the amount of the typically expected/foreseeable damage when closing the contract.
The same applies to breaches of duty by agents and legal representatives of DreamCheaper.com.
DreamCheaper.com assumes no liability for breaches of duty arising in connection with the execution of the accommodation contract. In this instance DreamCheaper.com acts only as an agent and is itself not a contract party.
If any provision of these Terms and Conditions is invalid, the contract still remains valid.
The law of the Federal Republic of Germany, excluding the conflict of law rules of the draft law and the regulations of the UN purchasing law (CISG) apply. Mandatory applicable legislation (esp. on consumer protection) of another state, in which the user resides, remain unaffected.
Unless an exclusive legal jurisdiction is given/applies, only the place of business of the operator of DreamCheaper.com is responsible for all disputes arising out of or in connection with the contractual relationship, provided the user is a merchant, legal entity under public law or public special assets or has no general jurisdiction in Germany or another EU member state or the user is living/has relocated according to these terms and conditions to a non-EU country.
Status/Last updated: August 2016