§ 1 Scope of application
(1) These Terms and Conditions include provisions that are valid for Service provider and the User. (2) “Guest” means a User, that books and/or enquires the accommodation. “Host” means a User, that offers the accommodation. (3) Users will be informed by post or via E-Mail about any amendments of this Terms and Conditions. If the User does not contradict the amendments to these Terms and Conditions within 4 weeks after receiving mail, consent will be considered to have been granted.
§ 2 Service
(1) Service provider offers on his website an online platform ( “Platform”) on which users can offer and book accommodations. Service provider itself is a technical and administrative service provider, it acts also for technical handling of payments. (2) Leases are concluded exclusively between the user providing the accommodation and the user renting this accommodation. The website’s users are themselves responsible for satisfying their own contractual obligations. (3) Service provider does not examine the legality, accuracy or completeness of offers published on the platform, it is not responsible for third-party offerings or content. Service provider can not review the description of offers, particularly the information of provision or enclosed pictures; it does not also accept the responsibility for defects. (4) Users can apply their own terms and conditions in the terminated contract that do not affect the Terms and Conditions of Service provider. However, there is no legal claim to this effect. The users are themselves responsible for satisfying their own contractual obligations. (5) In particular, Service provider is not required to ensure that the platform is available or can be reached at all times. Service provider can restrict use if this is necessary in terms of updates or the performance of technical measures.
§ 3 Agreement between the guest and the host
(1) The Host can list detailed description of his accommodation on the Service provider website (“Offer”). The Host must provide complete and accurate information and correct it immediately in the event of change. The Host must not use links to other websites or contact data. In particular, these data must not be forwarded to competitive offers or used to send advertising of personal or other offers. (2) The Host must point the tenant all components of the price for accommodation, which may also include any sales tax obligations. (3) The Host can offer the accommodation if he is entitled for it. In particular he must become a consent from other housemate or landlord/owner. Illegal subletting of the accommodation can cause a termination and compensation. The Host must pay heed to his offer, if it is commercial or any taxes must be payed. (4) The Guest and the Host manage themselves the day of arrival and departure. The Host can make obligatory instructions to this in his description of the offer.
§ 4 Booking process, payment, invoicing
§ 5 Liability
(1) Service provider is authorized by a user to transfer its rights and obligations to third parties. The above mentioned liability contains the rights of third party due to the fact that the user is violating legal provisions, with accommodation offer of a host on our website or negative reviews from the user. (2) The user has to defray the costs of defense as well as costs for court, lawyer and industrial property agent. The user shall not defray the costs, if he is not culpably violating legal provisions.
§ 6 Privacy
(1) Service provider uses personal information provided by you for implementation, use of our services or payments. We use the personal information anonymously for statistical purposes. (2) Service provider transmit after booking the accommodation personal information (name, address, email address) to the guest and host. (3) The service provider uses the email addresses to send you information about general promotions and offers from Service provider (e.g. newsletter). User can also opt-out of receiving the newsletter.
§ 7 Severability clause
If individual provisions of these Terms and Conditions are or become invalid or contradict a law, this does not affect the contract. In the event of such a provision will be invalid, it shall be replaced by a legal provision by contracting party. In case of loophole such provision shall be applied