Note: This English version is provided for convenience only. The legally binding version is the German original (“Allgemeine Geschäftsbedingungen”).
of
WebXdon Internet Solutions GmbH
for the use of the online platform
www.spoliday.com
These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between WebXdon Internet Solutions GmbH (hereinafter referred to as “Operator”) and its respective clients (hereinafter referred to as “Customer” or “Customers”) for the use of the online platform www.spoliday.com (hereinafter referred to as “Spoliday”) in the version valid at the time of contract conclusion.
Unless expressly agreed otherwise, the mutual rights and obligations between the Operator and the Customer are determined by the content of the order and these GTC.
The Customer agrees that the entire business relationship shall be based exclusively on the Operator’s GTC. Any general terms and conditions of the Customer that conflict with or deviate from the Operator’s GTC shall only be valid if their applicability has been expressly confirmed in writing by the Operator, and they shall become part of the contract only with such separate consent.
Spoliday’s commercial offering is aimed exclusively at businesses (so-called Spot) in the sports, vacation, and leisure sector with the main purpose of attracting potential customers and employees. This is achieved primarily through the presentation of company (Spot) information, the publication of vacant positions, and the posting of news and other information.
Contracts on this portal can be concluded exclusively in German or English.
Access to the use of Spoliday's commercial service for Customers requires registration.
By registering, the Customer creates a free “Basic Account,” for which the Operator provides the appropriate input fields.
By registering, the Customer accepts these GTC. With registration, a contractual relationship is established between Spoliday and the Customer, governed by these GTC.
The functionality of a free “Basic Account” is limited. To use all features in full, a paid “Premium Upgrade” is required, which can be booked at any time by the Customer directly in their account.
By booking a paid service, the registered Customer enters into a further contractual relationship with Spoliday that is separate from the registration. Before concluding this contractual relationship, the Customer will be informed about the services, conditions, and payment terms of the respective paid service. The contract is concluded when the Customer confirms the booking and payment obligation by clicking the button “Confirm paid upgrade” and the Operator subsequently accepts the booking by written confirmation (in writing via email).
Once placed, an order cannot be revoked! However, the Operator expressly reserves the right not to accept a booking for good cause (e.g., outstanding payments).
The Customer agrees to receive invoices electronically. Electronic invoices are provided by email.
Spoliday offers various upgrade options with different terms and services, including seasonal offers, with or without automatic renewal. The Operator reserves the right to change prices, terms, and cancellation periods for new bookings at short notice and without prior notice.
Details regarding duration, services, renewal, cancellation periods, and price are listed in the respective upgrade option within the Customer’s account in an up-to-date and binding manner and must be selected and confirmed by the Customer before each booking.
All prices listed on Spoliday are gross prices (including VAT)!
Booking an upgrade option takes place through a multi-step booking process. The various options are clearly described and must be actively selected by the Customer. The Customer must also select whether the booking should be made with or without automatic renewal.
For bookings with automatic renewal, the automatic renewal may be canceled by observing the specified cancellation period.
Cancellation is carried out in the Customer Account under Account → Settings → Cancel upgrade by clicking the “Cancel now” button.
Cancellation is confirmed immediately by email. The booked Premium Account remains available until the date specified in the cancellation notice. As of the following day, the account will be downgraded to a Basic Account, and all still active paid services (e.g., listings) will be taken offline.
A new upgrade can be booked at any time.
The Operator provides the Customer in their account with an overview of the booked services and their respective details.
The Operator provides input fields for entering the content of profiles, listings, and stories. Only text entries are permitted in these input fields, which may be formatted using the functions provided.
Uploading logos and images is permitted in JPEG or PNG format. The use of other formats is not possible or allowed.
Listings are tied to a profile and display the Customer’s logo and profile description at the top. Therefore, creating a listing requires a fully completed profile.
Stories are linked to profiles and are intended to give potential customers and applicants a better impression of the business (Spot) by publishing news, offers, or other relevant events and information about the business. Publishing posts likewise requires a fully completed profile.
Profile information and changes to profiles are transferred to the public view by clicking the “Save and publish” button. Before saving, the Operator provides a preview showing the information/changes as they will appear publicly after saving.
Listings and changes to listings become publicly visible after clicking the “Publish listing” button. Before publication, the Operator provides a preview showing the information/changes as they will appear publicly after saving. Text entries may also be corrected at any time after publication if necessary.
Listings must be reviewed for accuracy every three months; Customers are prompted by email to do so. Outdated information must be updated accordingly. By clicking the “Update listing now” button, changes are applied and the publication date of the listing will be updated (“refreshed”). If a position is no longer open, the relevant listing must be deactivated.
If no update is made, reminders will be sent once per month by email.In cases of obviously outdated information, the Operator reserves the right to deactivate the listing for quality reasons.
Listings may be terminated early at any time by clicking the “End now” button. Once ended, listings are no longer publicly visible, and applications for the ended listing are no longer possible.
Stories become publicly visible after clicking the “Publish now” button. Before publication, the Operator provides a preview showing the information as it will appear publicly after saving.
Stories may be taken offline at any time by clicking the “Deactivate story” button and confirming again with “Deactivate story now”.
All published content must be truthful and up to date at the time of publication. The content must be appropriate for its intended purpose, align with general marketing principles, and be formulated in a respectful manner and in accordance with accepted moral and ethical standards.
For listings, the title and job description must be accurate and not misleading or ambiguous.
The categorization, title, and text of a listing must relate to the advertised position, refer to an open position or activity, and be designed in accordance with the Equal Treatment Act.
Cross-references, links, and telephone numbers or similar are generally prohibited - with the exception of the Customer’s homepage and telephone number - and may under no circumstances violate applicable law or public morals
Stories, including any photos published within them, must relate to the Customer’s business activities (within the meaning of Section 1.3) and may under no circumstances violate applicable law or public morals.
The Operator is not responsible for the content of profiles completed by Customers, listings and posts created by Customers, or images published by Customers. In particular, the Operator is not obliged to check profiles and listings for possible infringement of third-party rights. The Customer is obliged to fully indemnify and hold the Operator harmless against claims by third parties arising in any way from the publication of profiles, listings, posts, and images. If the Operator is held liable, it has sole discretion in deciding how to respond, without the responsible Customer being able to object to an alleged inadequate legal defense.
If protected trademark rights are used in the context of publishing profiles and listings, authorization for such use is granted upon conclusion of the contract. The Customer warrants that they are authorized to grant such authorization.
All information (texts, images, etc.) published by the Operator is subject to the Operator’s copyright. The Customer bindingly declares that they are authorized to transfer copyright and shall indemnify and hold the Operator harmless from any third-party claims to the contrary. In particular, the Operator is entitled to defend against unlawful infringements of copyright by third parties in its own name in the context of publication or to assert related claims for damages.
Further Publication: The Operator is entitled, but not obligated, to publish listings and posts on internet platforms of its choice, such as Facebook, or to have them published by third parties, which generally does not occur without the Customer’s consent. To meet the requirements of the respective platform or to optimize the presentation of listings, the Operator reserves the right to adapt the content of listings or posts accordingly.
Third-Party Publications: The Customer acknowledges that, given the current state of technology, it cannot be completely ruled out that profiles, listings, and posts published by the Operator may also be copied, linked, and/or additionally published by other internet providers using frames disguised as their own offerings. The Customer hereby grants the Operator all necessary consents to enable it, within the limits of what is technically and legally possible, to prevent such copying, linking, and/or framing. Should unauthorized linking and/or framing nevertheless occur, the Customer shall not be entitled to assert any claims against the Operator.
Application Function: The Operator integrates a button in listings labeled “Apply now” or similar. Through this link, applicants can enter their contact details and upload their résumé. The data provided in the form is sent to the Customer by email.
Any fees incurred must be paid in advance, when payable, without deduction to the Operator. Payment becomes due immediately upon receipt of the invoice, which the Operator usually issues and transmits promptly after the order is placed
Payment of the fee depends on the selected method of payment. The following payment methods are currently available:
Payment method “Invoice”: The fee must be transferred by the Customer immediately upon receipt of the invoice to the account specified by the Operator, free of charges and deductions. Timeliness of payment is determined by the crediting of the amount to the Operator’s account specified on the invoice.
In addition to the company address, the address provided by the Customer at the time of booking (contract conclusion) shall also be deemed the agreed billing address.
Unless otherwise agreed, all payments must be made free of charges and deductions immediately upon receipt of the invoice by the Customer.
Statutory VAT is included in the total price stated and must be paid in full upon invoicing, even if other payment terms have been agreed for the purchase price.
If the payment deadline is exceeded, the Operator is entitled to charge default interest and compound interest at a rate of 6% per annum. Each reminder incurs costs of EUR 10 plus VAT. In the event of default, the Customer is obliged to reimburse not only the default interest but also all other procedural and extra-procedural costs of collection, including the costs of an attorney engaged by the Operator. In addition, any further damage - particularly that arising as a result of non-payment through higher interest charges on the Operator’s credit accounts - must be compensated regardless of fault. Claims asserted against the Customer do not entitle the Customer to withhold agreed payments.
Any discounts granted to the Customer may lapse in the event of late payment.
Offsetting with counterclaims or withholding payments by the Customer - for whatever reason - is not permitted unless expressly agreed.
In the event of default of payment or insolvency of the Customer, the Operator is entitled to suspend performance of contractual obligations from bookings until full payment of outstanding invoice amounts. In such cases, the Operator is also entitled to require advance payment for subsequent bookings. Furthermore, the Operator is entitled to withdraw from the contract without setting a grace period.
The Operator assumes no warranty for the accuracy of content and data generated by users and Customers in its services.
The Operator makes every effort to provide the services offered around the clock. The Customer acknowledges and agrees that the Operator cannot guarantee 100% availability of services due to external influences beyond its control.
The warranty period is six months. The booking must be reviewed by the Customer immediately, but no later than three days after confirmation by the Operator. Any identifiable defects must, under penalty of exclusion of all claims, be reported to the Operator in writing, detailing the type and scope of the defect. If a defect notice is not raised or not raised in time, the booking shall be deemed approved. The assertion of warranty or damage claims as well as the right to challenge for mistake are excluded in such cases.
The Operator reserves the right to fulfill warranty claims at its discretion by repair/replacement or price reduction. Price reduction or rescission may only be demanded if another attempt at improvement is unreasonable for the Customer.
The Operator’s liability is limited to damages occurring in the booked service itself. Liability for consequential damages, lost profits, or other indirect damages is excluded to the extent permitted by law. Furthermore, the Operator’s liability for damages due to slight or gross negligence is excluded. Any claims for damages must be asserted in court within six months of the occurrence of the damage, otherwise they are excluded.
Profiles, listings, and posts (stories) on Spoliday are based exclusively on information provided by the Customer or entered by the Customer themselves and are not reviewed by the Operator for accuracy. The Operator cannot be held liable for incorrect information. The Customer alone is responsible for the content, in particular its accuracy and legal admissibility, of the information provided and the texts and images submitted.
The Customer is responsible for protecting their access data (username and password) and is liable for damages resulting from misuse or loss of such data.
Maintenance, updates, or similar work are carried out by the Operator, where possible, in such a way as to avoid downtime. To the extent possible, such work will be announced online. In the event of interruptions - regardless of cause - no claims may be made against the Operator. Interrupted transmissions due to network failures beyond the Operator’s control, as well as interruptions caused by force majeure, cannot give rise to claims against the Operator.
For all disputes arising from or in connection with a contractual relationship, the exclusive jurisdiction of the competent court in Vienna/Austria is agreed.
The exclusive applicability of Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), is agreed. The contract, ordering, complaint, and business languages are German or English.
Should individual provisions of these GTC be wholly or partially invalid, the remaining provisions shall remain unaffected. In place of an invalid provision, what is legally permissible and comes closest in economic effect to the invalid provision shall be deemed agreed.
No verbal side agreements exist. All agreements, subsequent amendments, supplements, and side agreements must be in writing. This also applies to any waiver of the written form requirement.
The Customer must notify the Operator immediately in writing of any changes to their address. Documents shall be deemed received by the Customer if sent to their last address provided.
The Customer gives their express and revocable consent at any time to be informed by the Operator for advertising purposes via the contact details provided to the Operator.
The Operator reserves the right to amend individual provisions of this agreement. Such amendments will be published on the website, and the Customer will be given the opportunity to terminate the contract with one month’s notice to the end of the month, with written form agreed. If the Customer does not exercise this right of termination, this shall be deemed consent to the amendments made.
These contractual terms are designed for business Customers. Should Customers, however, be consumers, these provisions shall only apply insofar as mandatory consumer protection laws are not contradicted.
Vienna, September 1, 2025