General Terms and Conditions (GTC) -

General Terms and Conditions (GTC)
of WE CURATE FOR YOU – Winter Real Estate Sole Proprietorship, Owner Jakob Winter

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts between
WE CURATE FOR YOU – Winter Real Estate Sole Proprietorship, Owner Jakob Winter, Kirrlohstraße 11, 88339 Bad Waldsee (hereinafter referred to as “WE CURATE FOR YOU” or “we”) and its customers (hereinafter referred to as ‘customer’ or “you”) that are concluded via the website https://wecurateforyou.com or by other means in connection with the curation and consulting services we offer for accommodations, accompanying services, and private experiences.

1.2 These GTC apply to both consumers and entrepreneurs within the meaning of § 14 BGB (German Civil Code), unless expressly differentiated.

1.3 Deviating, conflicting, or supplementary general terms and conditions of the customer shall not become part of the contract unless we expressly agree to their validity in writing.

2. Subject matter of the contract and position of WE CURATE FOR YOU

2.1 WE CURATE FOR YOU provides consulting, curation, and, if applicable, brokerage services in relation to:

Accommodations (e.g., luxury vacation homes, villas, hotels, resorts),
Accompanying services (e.g., chauffeur, transfer, restaurant, wellness, and family services),
private experiences (e.g., helicopter flights, yacht charters, private dinners, cultural and sporting experiences).

2.2 We are not a tour operator and, as a rule, are not a contractual partner of the accommodations, services, or experiences used by the customer.
The actual contracts for accommodation, travel, services, and experiences are concluded exclusively between the customer and the respective third-party providers (e.g., hotels, homeowners, agencies, service providers).

2.3 The subject matter of the contract is therefore not the execution of a trip or stay, but exclusively:

the research, preselection, and presentation of suitable offers,
the curation and, if necessary, coordination with suitable providers within the scope of the agreed order.

2.4 To the extent permitted by law, the contract shall not constitute a package travel contract within the meaning of §§ 651a ff. BGB (German Civil Code). Should an official or judicial classification differ, the remaining provisions of these GTC shall remain unaffected.

3. Conclusion of the contract

3.1 A consulting and curation contract between the customer and WE CURATE FOR YOU is generally concluded as follows:

The customer submits their request using the request form on the website or by other means (e.g., by email or telephone), providing the relevant key data (travel period, number of people, destination/region, budget, desired scope of services).
Based on this information, we review the request and inform the customer whether and to what extent we can accept the order. This may also take the form of a concrete offer (scope of services, fee, expected time frame).
The contract is concluded upon confirmation by the customer (e.g., by email, by confirming the request form, or by paying the service fee) and our confirmation of acceptance.

3.2 WE CURATE FOR YOU is entitled to reject requests, in particular if:

the desired travel period is extremely short-term or unrealistic,
the budget specifications are obviously incompatible with the desired services,
the effort involved is disproportionate to the expected remuneration,
the experiences or requests are dubious and ethically questionable.

3.3 Changes or additions to the original order (e.g., change of destination, significant adjustment of the budget, addition of services) require separate agreement and may result in additional fees.

4. Scope of services provided by WE CURATE FOR YOU

4.1 The specific scope of services is determined by:

the service description on our website,
the services page and the request form,
as well as the individual offer or order confirmation in each case.

4.2 Depending on the package booked, our services generally include, among other things:

Accommodation curation
- Analysis of customer requirements and key data,
- Research into suitable accommodation in the desired location or region,
- preselection according to criteria such as location, amenities, style, budget, number of people,
- compilation of a curated selection (typically 3–5 options) with relevant information, if available (e.g., distance to the beach, number of rooms, special features).
Accompanying services (optional)
- Suggestions and curation for additional services such as restaurant recommendations, chauffeur and transfer services, rental cars, wellness and spa offers, family services, etc.,
- coordination of contacts with relevant providers upon request.

Private experiences (optional)
- Suggestions and curation of special experiences (e.g., private dinners, helicopter flights, yacht charters, cultural and art tours, family and adventure experiences),
- coordination of contacts with relevant providers upon request.

4.3 We owe you careful research and selection, but no guarantee that all proposed accommodations or services will be available at the desired time or that prices and conditions will not change in the meantime. Information about accommodations, services, and experiences is based on information provided by the respective providers. WE CURATE FOR YOU checks this information with reasonable care, but cannot guarantee that it is complete and up to date. The customer is obliged to check the details with the providers themselves before booking.

4.4 As a rule, one round of revisions is included in the agreed fee if the initial selection does not yet fully meet the customer’s expectations.
Extensive changes (e.g., a completely new region, a significantly changed budget, a different reason for travel) can be agreed upon as an additional order with a separate fee.

4.5 The booking of the proposed services (accommodation, services, experiences, travel, etc.) is made exclusively by the customer directly with the respective providers.
WE CURATE FOR YOU does not accept any payments for these services itself and does not become a contractual partner in these contracts.

5. Customer’s obligations to cooperate

5.1 The customer is obliged to provide all information relevant to planning and curation truthfully, completely, and in a timely manner. This includes in particular:

Information about persons (number, age structure, special needs),
Travel period and flexibility,
Budget for accommodation and, if applicable, experiences/services,
Special requests, priorities, and exclusion criteria.

5.2 The customer undertakes to check the information and suggestions provided by us on their own responsibility before making binding bookings with third-party providers.

5.3 The customer must ensure that all requirements necessary for the trip (e.g., travel documents, visas, insurance) are available in good time. This is not part of the range of services offered by WE CURATE FOR YOU, unless expressly agreed in individual cases.

5.4 If the customer fails to fulfill their obligations to cooperate or does so late, this may affect the scope and quality of our services. Delays, additional expenses, or impossibilities due to a lack of cooperation shall be borne by the customer.

6. Remuneration and terms of payment

6.1 We charge a service fee for our services, the amount of which depends on the selected scope of services and the complexity of the request.
The current flat rates and packages (e.g., accommodation curation, accommodation + services, accommodation + services + private experiences) are shown on our website, in particular in the request form, and in the individual offer.

6.2 Unless otherwise agreed, the following applies:

The service fee will be invoiced to the customer before the start of the detailed research.
The invoice is due immediately and without deduction.
Upon receipt of payment, WE CURATE FOR YOU will begin processing the request exclusively.

6.3 The service fee refers exclusively to the consulting, curation, and, if applicable, brokerage services provided by WE CURATE FOR YOU.
Costs for accommodation, travel, services, and experiences provided by third-party providers will be settled directly between the customer and the provider.

6.4 Additional expenses that exceed the agreed scope of services (e.g., several extensive rounds of revisions, completely new itinerary) may be reimbursed retrospectively after prior consultation with the customer.

6.5 In the event of late payment, we are entitled to charge statutory default interest and to suspend further services until outstanding amounts have been settled.

7. Contractual relationships with third-party providers

7.1 As part of the curation process, WE CURATE FOR YOU arranges contact between the customer and third-party providers (e.g., hotels, homeowners, agencies, service providers).
Contracts for accommodation, travel, services, and experiences are concluded exclusively between the customer and the respective provider.

7.2 We have no influence on:

the contractual terms and conditions of third-party providers,
their availability,
their pricing,
their performance or quality of service.

7.3 The customer is obliged to carefully read the terms and conditions and booking conditions of the respective providers before booking and to decide on their own responsibility whether they accept them.

7.4 Claims for non-performance, poor performance, defects, cancellations, or other problems in connection with services booked directly with third-party providers must be asserted directly against the respective providers.

7.5 Insofar as WE CURATE FOR YOU receives commissions or referral fees from third-party providers in individual cases, this does not affect the quality and independence of the selection. We primarily work on a fee basis on behalf of the customer.

7a. Protection against circumvention and use of contacts

7a.1 Within the scope of the cooperation, WE CURATE FOR YOU provides the customer with curated information on accommodations, agencies, service providers, and other providers (hereinafter collectively referred to as “providers”). These providers and the corresponding contact details are considered business relationships established by WE CURATE FOR YOU.

7a.2 The customer undertakes not to commission the providers presented by WE CURATE FOR YOU with similar services, bypassing WE CURATE FOR YOU, insofar as the commission is based on the connection established by WE CURATE FOR YOU. This applies in particular to bookings of accommodation, accompanying services, and private experiences that come about on the basis of our suggestions and curation.

7a.3 If the customer nevertheless commissions a provider presented by WE CURATE FOR YOU directly and without the involvement of WE CURATE FOR YOU with services that essentially correspond to what WE CURATE FOR YOU proposed the provider for, WE CURATE FOR YOU may demand reasonable compensation, insofar as and to the extent this is legally permissible. The basis for this is the value of the consulting and curation services provided by WE CURATE FOR YOU.

7a.4 The obligation under Section 7a.2 applies for the duration of the respective cooperation and for a period of [12 months] after transmission of the respective proposal or provider overview.

7a.5 The above provisions shall not apply if the customer can prove that
(a) they were already familiar with the provider in question prior to the cooperation with WE CURATE FOR YOU and had an existing business relationship with them, or
(b) they found the provider independently of the services provided by WE CURATE FOR YOU and without using the information provided by WE CURATE FOR YOU.

7a.6 WE CURATE FOR YOU relies on fair cooperation based on partnership. In case of doubt, the customer shall therefore seek an early discussion with
WE CURATE FOR YOU if they are planning follow-up stays or further services with a provider presented by WE CURATE FOR YOU.

8. Cancellation, rebooking, and termination of the consulting contract

8.1 The customer may terminate the consulting and curation contract at any time. Any research that has already been started or completed remains unaffected.

8.2 Since our service consists primarily of time-consuming research, preselection, and curation, the following applies, to the extent permitted by law:

Services already rendered must be paid for in full.
If the order has already been completed in full (e.g., a list of suggestions has been sent), there is generally no entitlement to a refund of the service fee.

8.3 If the customer, as a consumer, has a statutory right of withdrawal, this remains unaffected by the above provisions. Information on this can be provided separately.

8.4 Cancellations or rebookings of services booked by the customer themselves (accommodation, flights, services, etc.) are governed exclusively by the terms and conditions of the third-party providers. Any cancellation fees or rebooking costs are the sole responsibility of the customer.

9. Liability of WE CURATE FOR YOU

9.1 WE CURATE FOR YOU is liable for intent and gross negligence in accordance with the statutory provisions.

9.2 In the event of simple negligence, we are only liable – subject to statutory or contractual limitations of liability – for:

Damage resulting from injury to life, limb, or health,
Damages resulting from the breach of an essential contractual obligation (cardinal obligation), i.e., an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely. In this case, however, liability is limited to the typically foreseeable damage.

9.3 Any further liability on the part of WE CURATE FOR YOU is excluded to the extent permitted by law. Mandatory statutory liability provisions, in particular under the Product Liability Act, remain unaffected.

9.4 WE CURATE FOR YOU is not liable for:

the quality, availability, defects, or conditions of the services provided or recommended by third-party providers,
changes or cancellations by third-party providers,
inaccurate or outdated information provided by third-party providers,
force majeure (e.g., natural disasters, pandemics, strikes, political unrest),
technical or organizational problems on the part of third-party providers.

9.5 Our liability is limited to the careful provision of consulting and curation services. We do not guarantee success in the sense of a guaranteed contract with a third-party provider or a contract that is free of defects.

10. Copyright and rights of use to documents

10.1 All documents, exposés, offer overviews, presentations, and other content created by WE CURATE FOR YOU are protected by copyright.

10.2 The customer receives a simple, non-transferable right of use to these documents exclusively for their own private or internal purposes in connection with the planned trip or stay.

10.3 Disclosure to third parties (e.g., other agencies, competing service providers) or commercial use without our express prior consent is prohibited.

11. Data protection

11.1 WE CURATE FOR YOU processes the customer’s personal data exclusively in accordance with the applicable data protection regulations.

11.2 Details can be found in our privacy policy, available at:
https://wecurateforyou.com/dataprotection/

12. Applicable law, contract language, dispute resolution

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
With regard to consumers, the mandatory consumer protection regulations of the country in which the consumer has their habitual residence shall take precedence if they are more favorable to the consumer.

12.2 The contract language is German. Any translations are for comprehension purposes only and have no independent legal effect.

12.3 The European Commission provides a platform for online dispute resolution (ODR), which can be found at https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

13.1 Amendments and additions to these GTC must be made in writing. This also applies to the waiver of this written form requirement.

13.2 Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, a provision shall be deemed to have been agreed which comes closest to the economic purpose of the invalid provision, insofar as this is legally permissible. The German version is legally binding.

13.3 For merchants, legal entities under public law, or special funds under public law, the place of jurisdiction shall be the registered office of WE CURATE FOR YOU, to the extent permitted by law.
This shall not affect statutory provisions on exclusive places of jurisdiction.