Terms of use for the website of homestaybooking GmbH & Co. KG
The homestaybooking GmbH & Co. KG operates the website homestaybooking.com and other domains, which lead the user to this website and its subdomains. By using the website, private and professional third parties ("guest") can book accommodation and other travel services ("service(s)") at hosts and travel service providers ("service providers"). The hosts and service providers trade on their own behalf.
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Field of application
With the usage of the homestaybooking.com website, the user agrees to the conditions which will be explained in this statement. For service providers, agencies and other business partners of the homestaybooking GmbH & Co. KG there are separate terms of use defined, which the respective partner needs to agree to before starting business with homestaybooking GmbH & Co. KG.
Before a user can book a service through the homestaybooking.com website, it is mandatory that the user takes note of these terms of use and accepts them, becoming legally binded via ticking the check box during the booking process. The homestaybooking GmbH & Co. KG will conveniently publish all amendments to these terms of use.
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Mediation of bookings
2.1 Scope
The homestaybooking GmbH & Co. KG acts as a booking engine and intermediary for the services provided. The homestaybooking GmbH & Co. KG is not a party included in the agreement between the guest and the service provider, and has no responsibility or liability to the user in respect of the terms of the contract.
2.2 Effectiveness of the booking
The mediation of the booking service becomes effective when the guest pays a percentage (defined by the service provider - usually between 10% and 30%) of the total price of the booked services as a nonrefundable deposit to homestaybooking GmbH & Co. KG. The deposit is nonrefundable even if the guest does not use the booked service, regardless of who is responsible for the circumstances which have led to the disuse of the service.
2.3 Costs
The placement service of the homestaybooking GmbH & Co. KG is free of charge for the guests. The guest agrees in the case of a successful placement to pay the balance of 90% of the accommodation price plus taxes and charges directly to the service provider, according to the terms and conditions of the service provider.
2.4 Capacity to contract
On homestaybooking GmbH & Co. KG service providers and guests must be persons able to legally contract, or persons who act with the consent of their legal guardian/representative.
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Booking terms
The booking terms are equivalent to the terms and conditions of the service providers. The guest needs to accept the terms and conditions of the service providers prior to booking. The service provider is solely responsible for the correctness of the information in the terms and conditions. It is the responsibility of the guest to clarify any ambiguity about the terms and conditions of the service provider prior to the booking.
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Service delivery
The homestaybookingGmbH & Co. KG informs the service provider about a guest's booking via e-mail. The guest receives from homestaybooking GmbH & Co. KG a booking confirmation via e-mail on behalf of the service provider. Within the e-mails, each contracting party receives the contact data of the other party from the homestaybooking.com database.
Service providers and guests shall agree on the details of the service delivery - particularly the arrival time, and the transfers and payment arrangements. With the exception of the details just stated, the individual contract conditions between service provider and guest are effective in the respective legal context.
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Privacy policy
5.1 Upload of content / release of liability
During the registration process the guest has the opportunity to create a publicly accessible service or search profile (see 5.2 Publicly accessible data). During this process the guest can upload content (particularly but not exclusively pictures) to the server of the homestaybooking GmbH & Co. KG and/or on the server of the service provider of the homestaybooking GmbH & Co. KG.
The guest guarantees to be in the possession of the property rights which are necessary for the publication of the uploaded content. The guest further guarantees not to violate any law or rights of third parties. The guest releases the homestaybooking GmbH & Co. KG and its employees from all claims any third parties might raise, particularly from the related legal costs, including court and attorney fees.
5.2 Publicly accessible data
In order to mediate bookings through its website the homestaybooking GmbH & Co. KG requires personal and/or business data from guests and service providers, which will be accessible to all users of homestaybooking.com. During the registration process the homestaybooking GmbH & Co. KG informs guests and service providers that the information provided by them will be made accessible to all users of the homestaybooking.com website.
The homestaybooking GmbH & Co. KG can pass on to other registered guests or service providers publicly accessible data (e.g. guest and service provider profiles). Furthermore, visitors of the homestaybooking.com website can pass on the information contained in publicly accessible guest and service provider profiles via e-mail.
5.3 Data for booking mediation
Beyond publicly accessible data the homestaybooking GmbH & Co. KG requires additional data from guests and service providers during the registration process, which are necessary for booking mediation. This data should contain a full name, street address, e-mail address, phone number etc. During the registration process the homestaybooking GmbH & Co. KG informs service providers and guests that this data will be passed on to the other contracting party in the case of a successful booking mediation.
According to the terms of use, if the service providers foresee the transmission of the guest's credit card details, the homestaybooking GmbH & Co. KG will transfer this data to the service provider. The service provider can charge the guest's credit card with an amount determined by the terms of use in the case of a no show (guest does not arrive). This cost is usually the cost of one night's stay. The homestaybooking GmbH & Co. KG passes credit card data on to only authorized VISA and MASTERCARD partners. The homestaybooking GmbH & Co. KG is not responsible for the legitimate use of the credit card data by the service provider.
5.4 Reliability of the transmitted data
The guest assures that all information transmitted to the homestaybooking GmbH & Co. KG is correct. This applies particularly to the uploaded content and photographs. The guest confirms that these photographs give a realistic impression of the uploaded search and service profile. This means, particularly but not exclusively, that a realistic appearance of the contracting persons is clearly discernible in the photographs. Any violation of this rule will cause the prompt deletion of the respective profile, and the immediate termination of the contract with the guest by homestaybooking GmbH & Co. KG.
5.5 Translation of data
The homestaybooking GmbH & Co. KG reserves the right to translate any collected data (interests of guests and service providers, service scope, etc.) into the languages in which homestaybooking.com is available.
5.6 Usage of contact data by the homestaybooking GmbH & Co. KG
The data collected during the registration process, particularly the e-mail addresses will be used by the homestaybooking GmbH & Co. KG to inform service providers and guests about company news and to deliver information services (e.g. search agents).
5.7 Data protection
The homestaybooking GmbH & Co. KG uses the collected data only for the purposes mentioned in the terms of use. Other than this the homestaybooking GmbH & Co. KG treats the data confidentially, and in compliance with the strict German data protection laws.
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Liability
Accommodation and services offered on the websites of the homestaybooking GmbH & Co. KG will be provided by third party service members. The homestaybooking GmbH & Co. KG does not offer or provide its own accommodation or services except for the booking mediation between guests and service providers. The homestaybooking GmbH & Co. KG is not liable for the correctness of the information given by guests and service providers. Furthermore the homestaybooking GmbH & Co. KG is not liable if the service provider does not fulfill its duties derived from its terms of use, or if the guest is not satisfied with the service provider's performance for any other reason.
In the context of its booking mediation service the homestaybooking GmbH & Co. KG is liable for:
(a) Damages caused by injury to the body, life or health of a person, due to an intentional or negligent breach of duty by the homestaybooking GmbH & Co. KG, or by a legal or affiliated agent of the homestaybooking GmbH & Co. KG.
(b) Damages, which are included in the German product liability law.
(c) Damages to enterprises caused by an intentional or negligent breach of duty by the homestaybooking GmbH & Co. KG or by a legal or affiliated agent of the homestaybooking GmbH & Co. KG. In the case of the breach of essential contractual duties, the homestaybooking GmbH & Co. KG is liable for all culpable behaviour of its legal or affiliated agents.
(d) Damages to consumers in the case of intentional or negligent breach of duty by the homestaybooking GmbH & Co. KG. In the case of the breach of essential contractual duties, delayed refund of debts or the impossibility of service fulfillment caused by the homestaybooking GmbH & Co. KG, the company is liable for all culpable behaviour of its legal or affiliated agents.
The amount of liability is limited to the typically foreseeable damages at the time of the conclusion of the contract. This limitation is not valid for the intentional or negligent breach of duty by the homestaybooking GmbH & Co. KG, or by a legal or affiliated agent of the homestaybooking GmbH & Co. KG.
Liability for indirect damages, particularly loss of profit, exists only in the case of intentional or negligent breach of duty by a legal or affiliated agent of the homestaybooking GmbH & Co. KG.
Under all other circumstances the homestaybooking GmbH & Co. KG is not liable.
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Agreement on the applicable law and the place of jurisdiction
This contract is subject to the law of the Federal Republic of Germany. The UN buying law is not applicable.
For conflicts in the context of these terms of use or the usage of the websites of the homestaybooking GmbH & Co. KG the courts in Hamburg, Federal Republic of Germany, are exclusively responsible if the guest is a general merchant, a corporate body of public German law, or a special property under public German law, or if the guest is not a resident of the Federal Republic of Germany.
If the guest is a natural citizen and does not use the websites of the homestaybooking GmbH & Co. KG in a commercial context ("consumer") and the guest is not a resident of the European Union, then the courts of Hamburg, Federal Republic of Germany, are exclusively responsible. In the case of consumers who are residents of the European Union, if it is mandatory consumer law, the law at the residence of the consumer might be applicable.
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Severability
If one or more provisions of this agreement should be or become invalid or unenforceable, the balance of the agreement shall remain unaffected, thereby remaining in full force and effect. In this event, the parties shall substitute the invalid or unenforceable provision with a valid one which as closely as possible achieves the economic purpose of the invalid or unenforceable provision.
