Terms & conditions
For hotels and accommodation providers sharing video content on the Uhob platform.
1. Scope and Contracting Parties
- These Terms & Conditions (“Terms”) apply to all contracts between Uhob GmbH, Leopoldstraße 31, 80802 Munich, Germany (“Uhob”), and hotels, hotel groups and other accommodation providers (“Content Provider”) for the provision of video content on the Uhob platform, currently available at https://uhob.app.supernext.com (“Platform”).
- The offer is directed exclusively at businesses within the meaning of Section 14 of the German Civil Code (BGB). No contracts are concluded with consumers.
- Deviating or supplementary terms of the Content Provider apply only if Uhob expressly agrees to them in text form.
- The Platform is technically operated by SuperNext GmbH as a service provider to Uhob. The Content Provider’s sole contracting party is Uhob.
2. Definitions
- Content: reels, clips, short videos, images, texts and audio recordings provided on the Platform.
- Hotel Content: Content that the Content Provider uploads itself or hands over to Uhob for uploading.
- Uhob Productions: Content that Uhob creates itself or through contractors as part of “Uhob Production”.
- Licensees: tour operators, online travel agencies (OTAs) and comparable distribution partners to whom Uhob grants rights of use in Content.
3. Conclusion of Contract, Platform and Services
- Use of the Platform requires registration. The Content Provider shall provide truthful and complete information, keep its login credentials confidential and inform Uhob without delay if it suspects misuse by third parties.
- The contract is concluded when the Content Provider accepts these Terms upon registration or when first providing Content. For Uhob Productions, the contract is concluded when Uhob confirms the shooting date in text form.
- Uhob provides the Platform for uploading, storing and managing Hotel Content and markets Content to Licensees.
- Use of the Platform and Uhob Production are free of charge for the Content Provider. The Content Provider receives no remuneration for granting rights; the consideration is the promotion of its property through the Licensees.
- The Platform is generally available around the clock, except during maintenance and backup periods. There is no entitlement to any particular availability or to the licensing or publication of any particular Content.
- There are no oral side agreements. Commitments beyond these Terms require text form.
4. Rights in Uhob Productions
All rights in Uhob Productions belong exclusively to Uhob. The Content Provider receives a simple (non-exclusive), royalty-free right to use them to promote its property on its own channels, unless otherwise agreed in the individual case.
5. Grant of Rights in Hotel Content
- By providing Hotel Content, the Content Provider grants Uhob a simple (non-exclusive), royalty-free, worldwide, perpetual and irrevocable right to use such Content. The Content Provider remains free to use its Hotel Content itself and to grant rights in it to third parties.
- The right of use covers all known types of use, in particular reproduction, storage, distribution, making available to the public, performance and broadcasting, online and offline, on websites, booking platforms, in apps, newsletters, on social media channels, in advertisements and in print media.
- Uhob may edit, technically optimise, adapt, shorten, cut and combine the Content with other content, add subtitles, translate it, add voice-overs, music, logos or branding, and convert it into other formats.
- Uhob may transfer the rights under paragraphs 1 to 3 to Licensees or grant sub-licences (Section 6). This may be done against payment, which is due solely to Uhob.
- To the extent permitted by law, the Content Provider waives attribution as author or rights holder.
- Uhob may also use Content as well as the hotel’s name and logo for its own marketing and as a reference, for example on the Uhob website, in presentations and on social media.
6. Licensing to Tour Operators and OTAs
- Uhob grants Licensees a simple (non-exclusive), worldwide and perpetual right to download, edit (Section 5 para. 3) and publish Content.
- Use is limited to purposes that promote the business of the hotel shown, in particular advertising the hotel and destination marketing for the place or region where the hotel is located.
- Licensees may not grant sub-licences or pass Content on to third parties (such as agencies or partner portals). Rights for third parties are granted exclusively through Uhob. Licensees may engage service providers acting solely on their behalf and for their purposes.
- Any use that disparages the hotel or places it in a misleading context is prohibited.
7. Removal of Content
- The Content Provider may remove Hotel Content from the Platform at any time or ask Uhob to remove it. Uhob may remove Content at any time without giving reasons.
- Removal takes effect for the future only: from that point on, Uhob will no longer grant new licences for the Content concerned.
- Rights of use already granted to Uhob and to Licensees remain unaffected by the removal. Content is not automatically removed or updated on Licensees’ booking platforms, websites or social media channels. Neither Uhob nor Licensees are obliged to do so.
- In the event of proven infringements (e.g. a withdrawn consent of a person shown), Uhob will, upon request, inform the Licensees concerned and ask them to remove the Content. Uhob does not guarantee success.
8. Content, Warranties and Indemnification
- The Content Provider warrants that it owns all rights in the Hotel Content or holds the rights necessary to grant the rights under Section 5.
- In particular, it warrants that
- all authors (photographers, videographers, editors) have consented to the grant of rights,
- any music used is licensed for use under Sections 5 and 6,
- all identifiable persons shown (guests, staff) have validly consented, including under data protection law and the German Art Copyright Act (KUG),
- no trademark, name, design, personality or other third-party rights are infringed and the Content does not violate applicable law.
- Content must comply with the Uhob Content Rules (Annex). The Content Provider is solely responsible for the accuracy and lawfulness of the Hotel Content; Uhob has no duty to review it.
- Uhob may request proof of the rights under paragraphs 1 and 2. In the event of violations or reasonable suspicion, Uhob may reject, edit or remove Content or block the Content Provider’s access.
- The Content Provider indemnifies Uhob and the Licensees against all third-party claims arising from a breach of these warranties, including reasonable legal defence costs.
- For Uhob Productions, the Content Provider checks the final Content for accuracy, in particular the depiction of its property, and reports objections within 14 days of delivery. Thereafter the Content is deemed approved.
9. Liability
- Uhob is liable without limitation for intent and gross negligence and for injury to life, body or health.
- In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded, as is liability for indirect and consequential damage.
- Uhob is not liable for outages or disruptions of the Platform beyond its control, such as network failures, disruptions at hosting service providers or force majeure.
- Uhob is not liable for use of Content by Licensees beyond the rights granted, nor for the loss of stored Content. The Content Provider retains its own copies.
10. Term and Termination
- The contract is concluded for an indefinite period and may be terminated by either party at any time in text form.
- Upon termination, Uhob removes the Hotel Content from the Platform. Sections 5, 6, 7 para. 3 and 8 survive termination.
11. Data Protection
Uhob processes personal data in accordance with its privacy policy and applicable data protection law. Where Uhob processes data on behalf of the Content Provider, the parties will conclude a data processing agreement if required.
12. Changes to these Terms
Uhob may amend these Terms with effect for the future. Changes will be notified in text form at least four weeks before they take effect. If the Content Provider does not object within this period, the changes are deemed accepted; the notification will point out this consequence.
13. Final Provisions
- These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- The exclusive place of jurisdiction is Munich, Germany, provided the Content Provider is a merchant, a legal entity under public law or a special fund under public law. The same applies if the Content Provider has no general place of jurisdiction in Germany.
- Should any provision be wholly or partly invalid, or should there be a gap, the validity of the remaining provisions remains unaffected. The invalid provision shall be replaced by the provision that comes closest to its economic purpose.
- These Terms are drawn up in English. Where a German version exists, the German version prevails.
Annex: Uhob Content Rules
Content is not permitted if it
- misrepresents the hotel, its facilities or location (e.g. images of other properties, facilities that do not exist),
- shows identifiable persons without their consent, in particular children without the consent of their parents or guardians,
- infringes third-party rights, e.g. through unlicensed music or third-party trademarks or logos,
- is pornographic, glorifies violence, is discriminatory, offensive or otherwise unlawful,
- contains advertising for third parties not related to the hotel’s operations.