GENERAL TERMS AND CONDITIONS FOR ACCOMMODATION PROVIDERS
1. General
1.1. These General Terms and Conditions for Accommodation Providers ("GTC") apply to all contracts between myroom24 GmbH (limited liability company with registered office at Kurfürstendamm 15, c/o SATELLITE OFFICE KUD 15 GmbH & Co. KG, 10719 Berlin, Germany; registered with the Charlottenburg Local Court under registration number HRB 213919 B; VAT identification number: DE329091021, "myroom24") with entrepreneurs (natural and legal persons and legally capable associations of persons) from the accommodation industry who offer accommodation for commercial purposes ("accommodation providers") via the website www.myroom24.com and its sub-pages ("website") to the private or business users registered there ("users" or individually "users") and for this purpose use the services offered by myroom24 to broker accommodation contracts via the website ("contracts" or individually "contract"). The accommodation provider and myroom24 are referred to in these GTC together as "Parties" or individually as "Party".
1.2. Myroom24 provides with the Website an online platform through which accommodation providers can offer the rooms, flats and/or houses ("Accommodation") of their commercial accommodation facility or accommodation facilities, such as e.g. hotel facilities, hostels, serviced flats or holiday flats ("accommodation facilities" or individually "accommodation facility"), in part or in full for accommodation for periods of twenty-eight (28) nights to a maximum of one hundred and seventy-nine (179) nights ("long stays") and through which users can search for and compare offers from different accommodation providers ("advertisement") and conclude accommodation contracts with accommodation providers ("booking").
If a user concludes an accommodation contract with an accommodation provider, he/she is the accommodation provider's "guest" (the term "guest" also stands for any fellow traveller and third parties for whom the user has booked the accommodation) and can rate the accommodation provider and his/her accommodation on the website after the agreed accommodation.
1.3. The website including all sub-domains, the structure, content and design of this website and the services offered (including payment processing) are the property of myroom24 and are subject to the exclusive copyright, design and other applicable rights of myroom24.
Access to the Website and the services associated with the operation of the Website is granted to the Accommodation Provider solely for the duration of the Contract and for the purposes and under the terms of the Contract and these T&Cs.
1.4. The parties exclude the application of conflicting, deviating or supplementary general terms and conditions of business or contract of the accommodation provider.
1.5. Myroom24 reserves the right to amend these GTC, in particular to adapt to a changed legal situation, higher court or supreme court jurisdiction or technical developments is necessary. Myroom24 will inform the accommodation provider of the amended GTC and the date of amendment on the website and by notification in text form (in particular by e-mail) with a lead time of six (6) weeks. The accommodation provider may object to the amended GTC within thirty (30) days of receipt of the notification. In the event of an objection by the Accommodation Provider, clause 17.3. of these GTC shall apply. If the accommodation provider posts accommodation on the website or continues to keep it available after expiry of the objection period and the lead time, this constitutes implied consent by the accommodation provider to the amendment of the GTC. Myroom24 will inform the accommodation provider of the consequences of the objection in advance together with the notification of change.
1.6. Changes which in particular directly affect the main contractual service obligations or otherwise significantly influence the contractual structure always require the express consent of the accommodation provider to the subsequent amendment of these GTC. Myroom24 will inform the accommodation provider of the amended GTC on the website and by notification in text form (in particular by e-mail) with a lead time of six (6) weeks. The accommodation provider may agree or object to the amended GTC within thirty (30) days of receipt of the notification. The failure of the accommodation provider to make a declaration within the period shall be deemed to be an objection. In the event of an objection by the accommodation provider, clause 17.3. of these GTC shall apply. Myroom24 will inform the accommodation provider of the consequences of the objection in advance together with the notification of change.
1.7. Myroom24 stores the text of the contract and the T&Cs that were in force at the time of registration (corresponds to the time of conclusion of the contract). The text of the contract is accessible to the accommodation provider at all times via DocuSign. The accommodation provider can call up the GTC in their current version via the website at any time and download them as a PDF.
1.8. Myroom24 acts as an agent for accommodation providers when bookings are made through myroom24. Myroom24 is authorized to receive payments from customers on behalf of the respective accommodation provider using the payment methods offered by myroom24 and to forward these payments to the respective provider after the booking has been completed, minus any service or agency fees, as well as in the case of cancellations or other refunds on behalf of the accommodation provider to the customer. Myroom24 reserves the right to charge transaction fees or service fees for payment processing. These fees will be transparently communicated to the customer before the booking is completed. All payment data is treated in accordance with the applicable data protection regulations and security standards. Myroom24 uses secure payment processing procedures to ensure the integrity and confidentiality of customer data.
2. Creating a profile ("Registration")
2.1. The Accommodation Provider must create and maintain a profile on the Website ("Registration") in order to offer accommodation to Users. Without registration, accommodation providers cannot offer accommodation on the website.
2.2. To register, the accommodation provider must enter its data (in particular company, address, telephone number, e-mail address, and, if available, VAT ID) in the mask provided for this purpose on the website. When registering, the accommodation provider is obliged to name a natural person as the accommodation provider's representative, a natural person as the main user and a contact person. The accommodation provider's representative, main user and contact person may be the same person. The accommodation provider may also grant other employees of its own access and/or administration rights to its profile ("subadmins"). The accommodation provider hereby declares that the persons named as representatives, main users and contact persons are authorised to make legally binding declarations on behalf of the accommodation provider to myroom24 and users/guests within the framework of the contract and bookings and to accept legally binding declarations from myroom24.
The accommodation provider is obliged to keep their profile up to date at all times. In particular, the accommodation provider must inform myroom24 immediately by email of any changes in the person of the representative, main user and contact person and update the profile accordingly.
The use of the website is only possible for the accommodation provider with proper registration.
In the event of breaches by the accommodation provider of the above obligations, myroom24 reserves the right to restrict the use of the website or to delete the registration of the accommodation provider. Myroom24 accepts no responsibility for non-updated or non-deleted access or administration rights in the accommodation provider's profile.
2.3. Registration is free of charge for the accommodation provider. For the use of the services offered by myroom24 via the website, the accommodation provider must pay fees to myroom24 in accordance with the further regulations in these GTC.
2.4. By registering, the Accommodation Provider represents and warrants that it operates an accommodation business and holds all necessary official permits, authorisations and/or other powers and registrations and complies with all legal requirements to the extent necessary to offer and provide accommodation to guests and to enter into and perform accommodation contracts on or through the Website. Myroom24 does not check the fulfilment of these requirements and is not liable for them. The accommodation provider is obliged to indemnify myroom24 against any claims by third parties that are asserted against myroom24 in the event of a breach of the above obligations by the accommodation provider.
2.5. Myroom24 reserves the right to reject the registration of an accommodation provider without giving reasons and not to allow the accommodation provider to use the website.
2.6. With the completion of the registration, the contract between myroom24 and the accommodation provider is concluded.
3. Create an advertisement
3.1. After successful registration, the accommodation provider can list accommodation on his profile in order to offer it to guests for the purpose of concluding accommodation contracts.
3.2. The accommodation to be included in the profile must be described accurately and correctly by the accommodation provider in accordance with the requirements on the website, in particular 'the information requested on the website regarding the address, the equipment features, the transport connections and the immediate surroundings must be provided ('general property description').
3.3. The inclusion and offering of accommodation on the profile is only possible and permissible in each case with the minimum content specified by myroom24 in accordance with section 3.5 of these GTC and in accordance with the further technical and other requirements specified by myroom24 on the website. Myroom24 reserves the right to adjust the minimum details and the technical and other requirements at any time.
3.4. The accommodation provider must first create the individual advertisements manually in his profile. In order to provide the information in accordance with section 3.5.2. of these GTC, the accommodation provider can make use of the system of a third-party provider (e.g. a channel manager), which forwards information to myroom24 and automatically enters it into the corresponding advertisement of the accommodation provider ("third-party system"), provided that this third-party system has been integrated in advance in accordance with section 4 of these GTC. The accommodation provider can also allow myroom24 to obtain content from so-called hotel content distributors and enter it into the advertisement.
3.5. The accommodation provider is obliged to provide at least the following information and content in an advertisement either on his own or via the integration of a third-party system:
3.5.1. nine (9) high quality photos of the accommodation (interior and exterior, common areas if any, e.g. wellness and/or fitness areas, dining rooms, reception) and the guest rooms;
3.5.2. Information in the booking calendar on the availability of the accommodation and the gross price for the provision of the accommodation per guest and night ("Daily Rate") and per month ("Monthly Rate");
3.5.3. if applicable, information on the security deposit pursuant to clause 7 of these GTC and/or cleaning fee pursuant to clause 8 of these GTC;
3.5.4. where applicable, information on tourist taxes and other local taxes, duties and charges;
3.5.5. Cancellation conditions according to section 12 of these GTC;
3.5.6. the general terms and conditions of the accommodation provider, if any, and if they are to become part of the accommodation contract between the guest and the accommodation provider, provided that the general terms and conditions of the accommodation provider for the accommodation contract shall not be in conflict with these general terms and conditions; and
3.5.7. if applicable, information on ongoing planned conversions while the accommodation is in operation, construction measures in the immediate vicinity, the closure of service facilities (e.g. gastronomy, swimming pool, sauna or fitness area), restrictions on use for other reasons such as, but not limited to, due to a pandemic or measures provided for by law or ordered by the authorities.
3.6. In the case of an advertisement, the accommodation provider determines whether the user can complete the process of booking accommodation immediately ("immediate booking") or initially only make a binding booking request, which the accommodation provider must confirm within the time period specified in section 5.4. of the GTC ("booking request"). In the case of an immediate booking, the published advertisement appears with a mark in the form of a green lightning bolt.
3.7. The Accommodation Provider acknowledges that the mere publication of an advertisement which is not marked as a soft booking does not constitute a binding offer to make a booking vis-à-vis the User ("invitatio ad offerendum").
3.8. The accommodation provider is obliged to grant the guest fixed discounts for accommodation bookings compared to the prices offered by the accommodation provider for short stays. The "Ranges" as agreed in the contract apply to the discounts.
3.9. Other special offers, additional discounts and promotions shall be marked as such by the accommodation provider in the advertisement.
3.10. Services that the accommodation provider does not specify on the website can be booked and paid for by the guest on site if the accommodation provider offers them on site (e.g. parking spaces, catering, laundry service). These services are not part of the mediation activity of myroom24 and myroom24 is not liable for the availability and the contractual provision of the services and other damages arising on the occasion of the provision of this service.
3.11. The accommodation provider is forbidden to include in an advertisement:
3.11.1. provide links to third party or own websites, with the exception of the link to the own General Terms and Conditions according to section 3.5.6. GTC, or advertise other platforms that also serve the purpose of brokering accommodation contracts;
3.11.2. Promote or encourage the booking of accommodation on site, via the accommodation provider's own websites, email, fax, telephone, social media, apps or similar means of communication; or
3.11.3. Publish, publicly reproduce or make available any content or information, software, products or services that violate applicable law or the rights of third parties.
3.12. The accommodation provider must write the content of an advertisement at least in German or in English or have it written in German and English via a third-party system. Myroom24 reserves the right to translate the advertisement additionally into other languages. For each translation myroom24 uses the Google Translate API or comparable automated systems. Myroom24 accepts no responsibility for any translation errors and any misunderstandings resulting from the translation provided by the accommodation provider, third-party system, Google Translate API or comparable other automated systems.
3.13. By creating an advertisement, the accommodation provider represents and warrants that he/she holds all necessary rights, in particular rights of use, to the posted content, in particular to photos, graphics, maps or tables, in order to be able to reproduce this content, publish it on the website and reproduce it publicly. Insofar as persons can be seen in the photos or similar images posted, the accommodation provider assures and guarantees that all necessary declarations of consent from these persons depicted have been obtained for the use of the photos or similar images on the website and that no personal rights are violated by their use on the website. The accommodation provider is obliged to indemnify myroom24 against any claims by third parties that are asserted against myroom24 due to a breach of the above obligations or otherwise in this context.
3.14. Myroom24 checks the advertisement created by the accommodation provider solely to ensure that all the information required in accordance with section 3.5. of these GTC is included before myroom24 publishes the advertisement on the website. Provided the advertisement is complete, myroom24 will change the status of the advertisement from "status pending" to "status active" and users will be able to view the advertisement on the website, otherwise the status will remain "status pending" and users will not be able to view the advertisement. Myroom24 informs the accommodation provider in text form about the change of status.
3.15. Myroom24 does not check the content of an advertisement for correctness, up-to-dateness or for a possible infringement of applicable law or a possible infringement of the rights of third parties. The fact that myroom24 checks the content of an advertisement to ensure that it contains all the information required in accordance with section 3.5 of these GTC is merely a prerequisite for myroom24 making the advertisement visible to users of the website. The accommodation provider is obliged to indemnify myroom24 against any claims made by third parties against myroom24 with regard to the content of the advertisement. The provisions in section 3.13 of these GTC remain unaffected.
3.16. Myroom24 is entitled, but not obliged, to inform the accommodation provider in text form if his advertisement is incomplete. After receipt of the information, the accommodation provider must amend or supplement the advertisement within ten (10) working days, otherwise myroom24 is entitled to delete the incomplete advertisement.
3.17. The accommodation provider represents and warrants that the information provided manually by him or her from a third-party system or hotel content distributor is at all times correct, up-to-date and not misleading, does not infringe any third-party rights or violate the law. The accommodation provider assumes sole responsibility for this and indemnifies myroom24 against all third-party claims in this connection.
3.18. If myroom24 becomes aware that the content of an advertisement is incorrect, not up-to-date or misleading, infringes the rights of third parties or violates legal regulations, myroom24 is entitled, but not obliged, to inform the accommodation provider of this and to request that the advertisement be remedied and amended within ten (10) working days. Myroom24 reserves the right to temporarily block the advertisement until the respective facts have been fully clarified.
3.19. Myroom24 is not responsible for the content of the listing and expressly does not adopt it as its own. In particular, myroom24 is not responsible if the accommodation provider, the third-party system and/or the hotel content distributor publishes information that is false, not up-to-date or misleading, infringes third-party rights or violates statutory regulations. The accommodation provider is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this connection.
3.20. The information provided on the website in relation to the accommodation provider or the accommodation does not constitute a recommendation, assessment, assurance or guarantee by myroom24, in particular with regard to the quality, the level of service, the authorisation to run an accommodation business, the classification (stars) or the type of accommodation of an accommodation provider and the conclusion, content and performance of the accommodation contract. Myroom24 is not liable for the information provided on the website by the accommodation provider about the accommodation and the accommodation provider.
3.21. The accommodation provider is obliged to keep the information on his profile about the accommodation up to date.
4. Integration of a third-party system
4.1. If the accommodation provider wants to use a third-party system to create an advertisement, they can submit a request to myroom24 via their profile and ask for the third-party system to be integrated.
4.2. In the event that myroom24 integrates the third-party system requested by the accommodation provider, the accommodation provider shall henceforth in principle only maintain and transmit information directly via the third-party system, whereby myroom24 shall not be liable for the completeness and correctness of the data transmission by the third-party system.
4.3. As soon as a profile is linked to a third party system, the third party system automatically transmits Daily Rates per guest and night as well as the availability of the accommodation and thus fulfils the obligation of the Accommodation Provider according to section 3.5.2. of these GTC. The accommodation provider is obliged to continuously monitor and ensure the proper functioning of the third-party system.
4.4. The accommodation provider is obliged to check the information inserted into the advertisements by the third-party system and to change or correct it without delay if the information is incorrect, not up to date or misleading, violates the rights of third parties or statutory regulations. The accommodation provider is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this connection.
4.5. The accommodation provider represents and warrants that the provider providing the integrated third-party system is entitled to forward the information provided for the advertisement to myroom24 for the purpose of use on the website, in particular for duplication and public reproduction.
4.6. If the accommodation provider is or becomes aware of malfunctions of the integrated third-party system which make the provision of information difficult or impossible or which impair, strain or overload the stability of the technical infrastructure provided by myroom24, the accommodation provider is obliged to inform myroom24 immediately and to provide all information again manually via its profile until the malfunction has been rectified.
4.7. The accommodation provider bears the responsibility for all faulty transmissions or malfunctions caused by the third-party system. The accommodation provider is obliged to indemnify myroom24 from any claims by third parties resulting from a faulty transmission or malfunction and asserted against myroom24.
4.8. Declarations and information transmitted by myroom24 to the third-party system are deemed to have been received by the accommodation provider from the time of transmission to the third-party system.
4.9. The accommodation provider can terminate the integration of the third-party system at any time in order to re-enter all information manually in his profile or to ask myroom24 to integrate another third-party system.
4.10. Myroom24 reserves the right not to integrate a third-party system or to terminate the use of certain third-party systems without further notice, in particular if the third-party system impairs, overloads or overloads the stability of the technical infrastructure provided by myroom24.
5. Booking
5.1. The user must have a guest account ("registration") on the website in order to be able to make bookings and use the website for other communication with the accommodation providers.
5.2. As soon as the user has entered the location, arrival and departure dates and the number of guests in the mask provided, the matching advertisements of the accommodation provider and other accommodation providers are displayed on the website.
5.3. The advertisements of the accommodation provider marked as immediate booking represent binding offers of the accommodation provider to conclude a booking under the condition precedent of the immediate payment of the booking price during the booking by the guest. The user can accept the accommodation provider's binding offer subject to a condition precedent under the conditions as described in the advertisement and the information entered in the search mask in a legally binding manner.
5.4. Advertisements that are not marked as immediate bookings and are therefore booking enquiries do not constitute binding offers by the accommodation provider to conclude a booking under the condition precedent of immediate payment during the booking by the guest; instead, it is an invitation to submit a binding booking offer by the users via the website, which is to be accepted or rejected by the accommodation provider via the website within twenty-four (24) hours. Upon confirmation of the booking by the accommodation provider, the booking becomes legally binding. If the accommodation provider rejects the booking or allows the twenty-four (24) hours to elapse without a reaction, no booking is made. If the accommodation provider rejects booking enquiries for reasons other than those stated in clause 12.6. of these GTC and/or if the accommodation provider fails to respond to booking enquiries within twenty-four (24) hours in more than three (3) cases, myroom24 is entitled to issue a warning to the accommodation provider. If the accommodation provider has rejected a booking request due to lack of availability, myroom24 will encourage him to update the booking calendar so that it only displays available periods. In all other respects clause 17.2.3. of these GTC applies.
5.5. With the acceptance of a binding offer and with payment by the guest to myroom24 of the proportionate fee for the accommodation ("booking price"), a booking is made solely between the accommodation provider and the user/guest. Myroom24 informs the accommodation provider and guest in text form about the successful booking ("booking confirmation").
5.6. Myroom24 is in no way involved as a contractual partner in the booking and the resulting contractual relationship between the accommodation provider and the user/guest in accordance with section 5.5 of these GTC. Myroom24 acts solely as an intermediary between the accommodation provider and the user. Myroom24 is not liable for the conclusion and performance of the accommodation contract. Myroom24 is free to offer the user further services of its own which are linked to the booking and which the user can additionally order with the booking.
5.7. By sending the binding acceptance, the user transmits the personal data relevant for the processing of the booking to the accommodation provider. Myroom24 assumes no responsibility for the accuracy and completeness of the data transmitted by the user.
6. Booking price
6.1. The user who has made the booking owes the accommodation provider payment of the booking price.
6.2. The booking price is made up of the following components:
6.2.1. Daily Rate and Monthly Rate;
6.2.2. If applicable, visitor's tax/tourism tax and other local taxes, fees and charges;
6.2.3. cleaning fee, if applicable, in accordance with clause 8 of these GTC;
6.2.4. discount, if applicable; and
6.2.5. surcharge for each additional guest, if applicable.
6.3. In addition to the booking price, the accommodation provider may demand a one-off security deposit from the guest in accordance with clause 7 of these GTC and must show this separately from the booking price in the advertisement together with any VAT, other taxes, duties and fees. The security deposit is not part of the booking price.
6.4. Additional services which the accommodation provider does not offer on the website, but which may be offered to the guest on site (e.g. parking spaces, catering, laundry service), may be ordered and paid for by the guest on site with the accommodation provider. The charges for these services are not part of the booking price and may not be shown as such.
6.5. Myroom24 is entitled to demand further fees from the guest, such as a service and/or administration fee. The fees are not part of the booking price owed to the accommodation provider, but must be shown as part of the final price in accordance with section 6.6 of these GTC.
6.6. The booking price is shown to the guest in the advertisement as the final price including all taxes, duties and public law fees, if applicable, plus further fees which myroom24 requires from the guest, such as the service fee, and/or security deposit.
7. Security deposit
7.1. The accommodation provider may require the guest to make a one-off payment of a reasonable amount, e.g. to secure any claim for payment of compensation in the event of damage to the accommodation or to the equipment of the accommodation or in the event of damage due to late payment ("security deposit").
7.2. The accommodation provider determines the amount of the security deposit depending on the amount of the respective booking price as well as the booked duration of stay ("booking period").
7.3. The guest pays the security deposit on site directly to the accommodation provider upon arrival ("check-in"). The accommodation provider shall keep the security deposit in trust.
7.4. The accommodation provider shall repay the security deposit to the guest in full within fourteen (14) working days after departure ("check-out") if there is no justified reason for partial or full retention.
7.5. If and insofar as the accommodation provider withholds the security deposit in part or in full, it shall provide the guest with reasons for the withholding in text form.
7.6. Myroom24 is neither entitled nor obliged to the custody or repayment of the security deposit paid by the guest. Myroom24 is not liable for the safekeeping and repayment of the security deposit. If there is a dispute between the accommodation provider and the guest about the partial or complete retention of the security deposit by the accommodation provider, the accommodation provider is solely responsible for the settlement of the dispute.
8. Cleaning fee
8.1. The accommodation provider is obliged to clean the accommodation once a month. If the accommodation provider does not request a one-off cleaning fee from the guest, the accommodation provider is obliged to clean the accommodation once a month free of charge.
8.2. The accommodation provider is entitled to determine further cleaning in addition to the monthly cleaning or to agree this with the guest on site.
8.3. The Accommodation Provider is entitled to require the Guest to pay a fee for further accommodation cleaning services ("Cleaning Fee").
8.4. The amount of the cleaning fee as well as the frequency of cleaning is determined by the accommodation provider.
8.5. Any legal and/or official obligations regarding cleaning or hygiene measures remain unaffected by these regulations.
9. Commission
9.1. The accommodation provider owes myroom24 for each booking made via the website the payment of a fee plus any applicable sales tax in the respective statutory amount ("commission").
9.2. The commission rate is 12% of the total booking price for the entire booking period.
9.3. Fees for additional services, which the accommodation provider does not offer on the website but may offer to the guest on site (e.g. parking spaces, catering, laundry service), are not subject to commission.
9.4. Myroom24 will invoice the commission to the Accommodation Provider twenty-four (24) hours after the check-in date and on the first day of each subsequent month.
9.5. Myroom24 is neither entitled nor obliged to issue invoices to the guest for a booking or the use of other services of the accommodation provider.
9.6. The commission is payable in euros.
10. Payment of the booking price
10.1. The user/guest pays the booking price to myroom24 using the payment method selected by the user/guest and stored on his/her profile.
10.2. In the case of a booking, the pro rata booking price for the first month is due immediately upon booking, the remaining booking price is due pro rata on the first day of each month or part thereof of the booking period extending beyond the first month.
10.3. Myroom24 is entitled, commissioned and authorised to receive payment of the booking price on behalf of the accommodation provider, to collect the booking price, to deduct the commission to which myroom24 is entitled within the meaning of clause 9 of these GTC from the booking price received and to pay the remaining balance of the booking price ("Residual Amount") to the accommodation provider.
10.4. Myroom24 will pay the remaining sum to the accommodation provider within ten (10) working days after the check-in date, but at the earliest within ten (10) working days after myroom24 can dispose of the booking price in accordance with the payment method selected by the user/guest. In the case of bookings whose booking period exceeds one (1) month, myroom24 will pay the pro rata remaining sum for the subsequent months to the accommodation provider within the first ten (10) working days of each booking month, at the earliest however within ten (10) working days after myroom24 can dispose of the booking price in accordance with the payment method selected by the user/guest. The method of payment to the accommodation provider is specified by myroom24.
10.5. Payments from myroom24 to the accommodation provider are made in euros.
10.6. Myroom24 assumes no liability for timely and complete payment by the guest. The guest alone is responsible for timely and complete payment.
10.7. If collection of the booking price by myroom24 fails or the guest otherwise defaults on payment, myroom24 will inform the accommodation provider. The accommodation provider must then immediately cancel the booking and block access to the accommodation for the guest. The guest may no longer check in with the accommodation provider for the booking concerned or must check out and depart immediately after the start of the stay.
10.8. In the event of default in payment by the guest, the accommodation provider shall deduct the amount owed from the existing requested security deposit and retain it. If the accommodation provider cannot fully satisfy itself from the retained security deposit or if it has not requested a security deposit from the guest, it must invoice the guest for the amount still owed and inform myroom24. The accommodation provider instructs and authorises myroom24 to take all measures expedient for the extrajudicial collection of the debt. Myroom24 is instructed and authorised to accept payment of the amount owed. Insofar as the out-of-court efforts of myroom24 remain unsuccessful as a result, it is commissioned and authorised by the accommodation provider to assert the claims in court and to collect them by way of compulsory enforcement. Myroom24 is entitled and authorised to commission a debt collection company or a lawyer with the collection of the claim on behalf of the accommodation provider or in its own name. The costs incurred for this are to be borne by the accommodation provider in the amount of the respective applicable legal regulations and to be reimbursed to myroom24. To the judicial demand enforcement myroom24 is not obligated. The claim of myroom24 to payment of a commission remains in force in the event of default of payment by the guest.
11. Further obligations and guarantees of the accommodation provider
11.1. The accommodation provider is obliged,
11.1.1. to make the accommodation available to the guest as described in the advertisement published on the website . The accommodation provider acknowledges that the details published on the website constitute quality agreements. Rebooking to other competitors in the accommodation industry or accommodation in an inferior accommodation relative to the booked accommodation is prohibited. The accommodation provider is always free to offer the guest higher quality accommodation. Any additional costs incurred for this shall be borne by the accommodation provider;
11.1.2. accommodate the guest as described in the advertisement published on the website and underlying the accommodation contract between the guest and the accommodation provider, even if the accommodation provider has failed to block the period indicated via the website and booked by the guest or has had it blocked via a third-party system or if the accommodation provider has allocated accommodation more than once for other reasons ("overbooking"). Accommodation in an inferior accommodation relative to the booked accommodation is prohibited. The accommodation provider is free to provide accommodation of a higher quality. Any additional costs incurred for this shall be borne by the accommodation provider;
11.1.3. to charge the guest again on site the booking price indicated and agreed via the website and, if applicable, fees in part or in full. The guest may only be charged for additional services offered and booked on site which were not mentioned in the advertisement;
11.1.4. to clean the accommodation or have it cleaned professionally and at reasonable intervals during the guest's use. For this, the accommodation provider may demand the cleaning fee from the guest in accordance with clause 8. GTC;
11.1.5. if the guest wishes to register a residence at the place of accommodation and this is legally possible, to issue the guest with an accommodation provider confirmation. The accommodation provider undertakes to assist the guest in fulfilling his/her obligations arising from the registration law;
11.1.6. not to solicit users from myroom24 and not to conclude a booking without the integration of myroom24. If an accommodation provider initiates accommodation contracts with users via the website but concludes them without involving myroom24, the accommodation provider is obliged to compensate myroom24 for the resulting damage;
11.1.7. to inform myroom24 immediately if a rebooking becomes necessary or the accommodation provider refuses the accommodation;
11.1.8. to inform myroom24 without delay of measures that could affect the guest's stay with the accommodation provider (e.g. unforeseen construction measures in the immediate vicinity, restrictions on use due to pandemics or war, the closure of service facilities, e.g. swimming pool, sauna), and of changes of owner, tenant, lessee or proprietor or the application for the opening of insolvency proceedings or a liquidation;
11.1.9. regularly inspect the accommodation during its use to ensure that guests are not subletting or otherwise letting it or using it for commercial purposes;
11.1.10. handle complaints from guests regarding the accommodation or the products or services provided by the accommodation provider and provide an appropriate customer service for this purpose;
11.1.11. to support myroom24 in the prevention and investigation of money laundering or fraud;
11.1.12. to comply with the obligations vis-à-vis the guests under distance selling law and in electronic commerce, in particular information obligations; and
11.1.13. to reimburse the guest and myroom24 for any expenses or additional costs incurred by the guest or myroom24 due to any complaints regarding the quality of the accommodation, prices not agreed in the contract, due to rebooking or overbooking. Should myroom24 make advance payment to the guest, for example because the guest withholds the amounts due to a complaint, the accommodation provider must pay the additional costs incurred to myroom24. The claim to payment of a commission remains unaffected by this.
11.2. The Accommodation Provider represents and warrants that
11.2.1. he/she can make the accommodation described in the advertisement available to guests during the periods specified by him/her manually or via a third-party system in the booking calendar;
11.2.2. the accommodation is not sublet by the guest or commercially subcontracted to third parties or otherwise made available and the guest undertakes to do so; and
11.2.3. he/she reports all due statutory taxes, fees and/or charges, in particular the visitor's tax/tourism tax, to the competent authorities and pays them.
12. Cancellation conditions
12.1. The following conditions apply to the cancellation of the booking ("Cancellation Conditions").
12.2. Cancellations by the guest are to be made exclusively via the myroom24 website. The accommodation provider will be informed of cancellations by myroom24 without delay.
12.3. If the guest cancels the booking before the expiry of fourteen (14) days before the check-in date, myroom24 will refund the booking price and the service fee in each case in full within fourteen (14) days of receipt of the cancellation notification, but at the earliest at the time at which myroom24 can dispose of the booking price. In the event of cancellations made by the guest after the expiry of fourteen (14) days before the check-in date, the guest remains obliged to pay the booking price and the service fee in full in each case. After the start of the stay, cancellations by the guest are permitted for the first time after the expiry of a period of one booking month after the check-in date and thereafter at the end of each of the following booking months of the booking period with a notice period of fourteen (14) days. In the event of cancellations after the start of the stay, the accommodation provider will reimburse the guest the pro rata booking price and the pro rata service fee for the booking periods covered by the cancellation within fourteen (14) days of receipt of the cancellation notification, but at the earliest at the time at which myroom24 can dispose of the booking price.
12.4. A fee for processing the permitted cancellation does not apply and may not be charged to the guest by the accommodation provider. Other fees payable under these GTC even in the event of cancellation remain unaffected.
12.5. In the event that the guest does not cancel the booking and also does not appear at the accommodation by 6.00 p.m. local time on the check-in date ("no-show"), the guest is deemed to be automatically checked in as of 6.00 p.m. on the check-in date.
12.6. The accommodation provider may only cancel a booking made via the website at any time for the following reasons:
12.6.1. Detection or prevention of fraud or other illegal activities by the guest;
12.6.2. Violation of third party rights by the guest;
12.6.3. Violation of applicable law by the guest;
12.6.4. Non-payment or default of payment of the booking price by the guest;
12.6.5. Violations by the guest of the house rules in force at the respective accommodation provider (e.g. smoking in the guest rooms or other parts of the accommodation where smoking is prohibited, bringing pets without permission, organising parties in the guest rooms or other parts of the accommodation, in particular with persons who are not guests of the accommodation, if not expressly approved in advance);
12.6.6. Subletting or other transfer of the rented accommodation to third parties by the guest;
12.6.7. offensive or inappropriate messages via the chat function of the website to the accommodation provider by the guest;
12.6.8. Insolvency or closure of the accommodation provider;
12.6.9. obligations imposed by law and/or by the authorities on the accommodation provider which make accommodation impossible or unreasonable for the accommodation provider (e.g. in the context of the Covid 19 pandemic);
12.6.10. force majeure (e.g. war, strikes, natural disasters, pandemics) which make accommodation impossible or unreasonable for the accommodation provider; or
12.6.11. unforeseeable damage to the accommodation or unforeseeable, not insignificant restrictions on the usability of the accommodation.
12.7. The accommodation provider may instruct and authorise myroom24 to cancel bookings on its behalf for and against it and to arrange for corresponding refunds or payouts.
12.8. The Accommodation Provider may not cancel more than a total of five (5) bookings in a calendar year for reasons other than those specified in Clause 12.6. of the GTC.
12.9. If the Accommodation Provider cancels more than five (5) bookings in a calendar year for reasons other than those stated in clause 12.6 of these GTC, it is obliged to contact myroom24 and discuss the reasons for the cancellations. If the cancellations are made in an unjustified manner, myroom24 is entitled to demand a cancellation fee of EUR 150.00 per unjustified cancellation.
12.10. The cancellation fee in accordance with clause 12.9 of these GTC is due for payment immediately and myroom24 is entitled to deduct the cancellation fee against future payouts of booking prices (also for other accommodation from the same accommodation provider). Insofar as no further disbursement should occur, myroom24 has a claim against the accommodation provider for payment of the cancellation fees.
12.11. Section 17.2.2 of these GTC shall apply in all other respects.
12.12. If the Accommodation Provider cancels the booking in accordance with clause 12.6 or in any other permitted manner, the Accommodation Provider will refund the Guest:
12.12.1. the booking price already paid in full if the accommodation provider cancels the booking before the guest's check-in date. In this case, the accommodation provider is not entitled to any remaining amount. The accommodation provider does not owe any commission;
12.12.2. the share of the booking price already paid for the day of cancellation and all subsequent days until the end of the booked period if the accommodation provider cancels the booking on or after the check-in date. In this case, myroom24 retains the commission entitlement to which it is entitled for the booking period prior to the date of cancellation. The balance due to the accommodation provider for the booking period prior to the date of cancellation will be paid by myroom24 to the accommodation provider; or
12.12.3. not refund a booking price already paid, either in full or in part, if the accommodation provider cancels the booking due to misconduct on the part of the guest. In this case, myroom24 retains the commission due to it for the booking period. The remaining amount will be paid by myroom24 to the accommodation provider.
12.13. If myroom24 cancels a booking in accordance with clause 12.12, the above provisions in clause 12.12 of these GTC apply accordingly. If the booking price has not yet been paid to the accommodation provider by myroom24, the refund will be made by myroom24, otherwise by the accommodation provider, whereby myroom24 is not liable for this.
12.14. If myroom24 or the accommodation provider cancels a booking, the booking calendar may be blocked for a short time. During this time, the accommodation provider cannot offer the accommodation for the period of the cancelled booking.
13. Support service and general customer service
13.1. Myroom24 offers a support service for accommodation providers as well as a general customer service for users and guests.
13.2. The support service is available to all accommodation providers, in particular for questions and problems regarding the use of the website or other questions regarding all topics relevant to the accommodation provider.
13.3. The general customer service is available to all users and guests, in particular for questions regarding the use of the website or complaints about the accommodation provider. The general customer service is not responsible for any complaints regarding the accommodation, in particular regarding quality, facilities or agreed prices such as the booking price, or additional products or services provided. The accommodation provider is solely responsible for such complaints.
13.4. The support service is available to accommodation providers as follows:
13.4.1. via contact form: around the clock;
13.4.2. via live chat: Mon.-Fri. 10.00 to 19.00;
13.4.3. by e-mail [email protected]: around the clock;
13.4.4. by hotline +49 30 31196606: Mon.-Fri. 10.00 to 19.00.
The accommodation provider has no claim to the availability of the general customer service of myroom24 at all times and/or the answering of enquiries within a certain period of time. Notwithstanding this, myroom24 will attempt to answer all enquiries as quickly as possible within the scope of technical and actual possibilities, but without assuming liability for this.
14. Ranking
14.1. Myroom24 is entitled to rank the advertised accommodation of the accommodation providers in the results of a user's search query on the website in order to preferably show the user results that match his or her personal preferences.
14.2. The ranking does not constitute a recommendation, assessment or guarantee by myroom24 regarding the quality, level of service, qualification , classification (stars) or type of accommodation of an accommodation provider, unless explicitly stated otherwise.
14.3. Myroom24 provides the provisions for ranking accommodation in the HelpCenter for accommodation providers and users.
15. Accommodation and accommodation provider reviews
15.1. Myroom24 offers guests who have made the booking the opportunity to rate the accommodation and the accommodation provider after the accommodation.
15.2. Myroom24 checks the submitted reviews before publication solely for offensive, discriminatory or objectionable content and excludes reviews with such content from publication. Myroom24 does not check the submitted reviews for their other legality, accuracy of content or factual justification. Myroom24 is therefore not responsible for the legality, accuracy or justification of the submitted reviews and expressly does not adopt the reviews as its own.
15.3. If myroom24 is informed by an accommodation provider, a user/guest or a third party that a review contains illegal, offensive or insulting content, myroom24 will check the content, ask the guest who submitted the review in question for a statement if necessary and delete illegal, offensive or insulting reviews immediately.
15.4. The accommodation provider is prohibited from any kind of unfair influence on the guest with regard to the rating, any kind of manipulation of the ratings and any kind of abusive design of the rating process. In particular, the accommodation provider shall refrain from granting advantages to the guest for submitting a rating or refraining from submitting a negative rating (e.g. a fee, special offers, discounts, vouchers, extra services or similar) or from threatening the guest with disadvantages of any kind in the event that negative ratings are submitted. The accommodation provider is obliged to indemnify myroom24 from any claims made by third parties against myroom24 in this context.
16. Rights of use
16.1. The accommodation provider grants myroom24 the non-exclusive, temporally limited to the duration and factually limited to the purposes of the contract, spatially unrestricted, free, revocable, non-transferable, sub-licensable right to publish, reproduce, edit and publicly reproduce any contents of the advertisement, in particular descriptions, photos, images, graphics, logos, registered or pending trademarks or designs or domains, which the accommodation provider posts or has posted in his profile manually or via third-party systems.
16.2. The accommodation provider grants myroom24 the non-exclusive, temporally limited to the duration and factually limited to the purposes of the contract, spatially unlimited, free, revocable, non-transferable, sub-licensable right to publish, reproduce, edit and publicly reproduce any content, in particular descriptions, photos, images, graphics, logos, registered or pending trademarks or designs or domains, which the accommodation provider provides on its own website or hotel content distributors of myroom24.
16.3. Myroom24 grants the accommodation provider the non-exclusive, temporally limited to the duration and factually limited to the purposes of the contract, spatially unlimited, gratuitous, revocable, non-transferable right to publish, reproduce and publicly reproduce the name and brand "myroom24", the myroom24 domains and the logo "myroom24". The granting of sub-licences requires the prior express consent of myroom24.
17. Term and termination
17.1. Unless otherwise agreed, a contract between the parties shall commence on the date of the mutual signatures and shall be concluded for an indefinite period. The parties may terminate a contract at any time and without giving reasons by giving three (3) months' notice in writing to the other party to the end of each contract year.
17.2. Without prejudice to Section 17.1. GTC and without prejudice to any other rights of myroom24, myroom24 is entitled to terminate any contract in writing without observing a period of notice if the Accommodation Provider
17.2.1. several times breaches any of its obligations under the contract or these GTC or violates applicable law;
17.2.2. cancels a booking without giving reasons or in more than a total of five (5) cases in one calendar year for reasons other than those stated in Clause 12.6. of the GTC;
17.2.3. rejects booking requests in a total of at least three (3) cases per month over a period of three (3) consecutive months for reasons other than those specified in Clause 12.6 GTC and/or does not respond to booking requests within twenty-four (24) hours;
17.2.4. repeatedly offers the guests on site not the booked accommodation but an inferior accommodation, in particular of substandard equipment and/or size;
17.2.5. transfers the guest against his/her will to another accommodation provider or accommodation service provider;
17.2.6. requires the guest to pay a higher booking price for the accommodation than stated in the advertisement;
17.2.7. breaches its obligation under clause 15.4. of the GTC on one occasion.
17.2.8. commits acts that are likely to directly or indirectly damage the reputation and image of myroom24; or
17.2.9. files an application for the opening of insolvency or similar proceedings or is liquidated.
17.3. Without prejudice to Clause 17.1. GTC and Clause 17.2. GTC and without prejudice to any other rights of myroom24, myroom24 is entitled to terminate the contract in the event of an objection in accordance with Clause 1.5. GTC or Clause 1.6. GTC with a notice period of two (2) weeks to the end of the month.
17.4. Myroom24 reserves the right to block the profile of the accommodation provider permanently or for a period to be determined by myroom24 at its reasonable discretion instead of terminating the contract in the event of a case within the meaning of Section 17.2. of the GTC. The same applies in the event of a one-off breach of the confidentiality clause in section 21 GTC, repeated complaints by guests about accommodation listed by the accommodation provider or about the behaviour of the accommodation provider on the website and/or on site or in the event of unlawful behaviour by the accommodation provider on the website.
18. Consequences in the event of termination
In the event of termination of a contract for any reason whatsoever, the following shall apply:
18.1. the parties shall duly fulfil or settle all bookings made through the website by the end of the term of the contract;
18.2. the accommodation provider shall settle all issued unpaid invoices of myroom24 without delay;
18.3. the accommodation provider may no longer advertise in any way that accommodation can be booked via the website;
18.4. myroom24 deletes the accommodation provider's profile at the end of the term of the contract and after all bookings have been processed, so that the accommodation provider can no longer use the website;
18.5. the accommodation provider is not entitled to any claims for damages or reimbursement of expenses against myroom24 due to the termination of the contract; and
18.6. subject to the agreements in the contract and in these GTC, in particular the post-contractual obligation to maintain confidentiality pursuant to section 21.9. GTC, and all other rights and obligations that arose prior to the expiry of the contract term, the parties shall have no further obligations to each other under the contract.
19. Exemption
The accommodation provider indemnifies myroom24 against claims by third parties insofar as these claims are based on breaches of contract or duty by the accommodation provider. The claim for indemnification includes the reasonable costs of legal defence. The accommodation provider is obliged to support myroom24 in the defence of third party claims at the expense of myroom24.
20. Limitation of liability
20.1. Myroom24 is liable without limitation for damages caused by its own grossly negligent or intentional actions or by grossly negligent or intentional actions of its respective legal representatives or vicarious agents.
20.2. For slight negligence myroom24 is only liable in the case of:
20.2.1. Damage resulting from injury to life, body or health;
20.2.2. breaches of material contractual obligations, i.e. such obligations whose breach jeopardises the purpose of the contract and on whose fulfilment the other party or parties may rely and trust to a particular extent ("cardinal obligations").
20.3. Claims arising from any guarantee vis-à-vis the accommodation provider and from the Product Liability Act (ProdHaftG) remain unaffected by limitations of liability.
20.4. The accommodation provider assumes sole responsibility and liability for the advertised accommodation, including any guarantees and statements made by the accommodation provider to the guest and/or myroom24.
21. Confidentiality
21.1. "Confidential information" means documents, information and knowledge of a technical, commercial or organisational nature, in particular trade secrets, which are marked or recognisable as such or whose confidentiality results from their subject matter or other circumstances, e.g. product data, commercial, financial and technical data, drafts, concepts, software source codes, algorithms and data, information on business transactions, business activity, employees and management, on any legal disputes, all personal data processed by the parties and other information on the parties and the companies affiliated with the parties within the meaning of Sections 15 et seq. AktG. In case of doubt as to whether information qualifies as Confidential Information, the doubting party must consult with the party that can provide it with information in this regard.
21.2. The obligation of confidentiality does not apply to information that:
21.2.1. were already known to the party that obtained the information from the other party ("receiving party") before the information was obtained;
21.2.2. the Receiving Party has obtained from a third party who is the rightful owner of the information and is not subject to any confidentiality obligations with respect to the information;
21.2.3. were in the public domain at the time the information was obtained or will be at a later date, without this being the responsibility of the receiving party;
21.2.4. the Receiving Party has developed independently of the Confidential Information obtained from the other Party.
21.3. Statutory and official disclosure obligations shall remain unaffected. The party subject to a duty of disclosure shall inform the other party thereof as early as possible and support it as best as possible in taking action against the duty of disclosure.
21.4. The parties undertake to keep each other's Confidential Information strictly confidential and to use it solely for the purposes of the parties' respective contract.
21.5. Only those bodies, employees or agents of one Party may have access to Confidential Information of the other Party whose knowledge is necessary for the performance of the respective contract of the Parties and who are subject to equivalent confidentiality obligations as agreed herein. Confidential Information may not be disclosed to other third parties. The same restriction applies to the companies affiliated with the Parties within the meaning of §§ 15 et seq. AktG and their bodies, employees and agents.
21.6. The Parties undertake to take reasonable confidentiality measures in accordance with the circumstances within the meaning of section 2 no. 1 letter b) of the German Act on the Protection of Business Secrets (GeschGehG) and the technical and organisational measures required in accordance with Article 32 of the General Data Protection Regulation (DSGVO) in order to maintain the confidentiality of the Confidential Information of the respective other Party. In particular, they shall take appropriate IT security measures, visitor controls, admission restrictions or other measures appropriate in the individual case.
21.7. The parties undertake not to reproduce any documents handed over to the other party unless expressly agreed otherwise in writing. This does not apply to duplications for in-house testing purposes.
21.8. The parties undertake to return the other party's Confidential Information, including all copies thereof, to the other party or to destroy it at the other party's request as soon as such Confidential Information is no longer required for the purposes of the parties' respective contract. Complete return or destruction shall be confirmed in writing at the request of either Party.
21.9. The obligation of the Parties to maintain the confidentiality of each other's Confidential Information shall continue for the duration of the respective Contract and for a period of ten (10) years after termination of the Contract.
22. Data protection
Myroom24 refers to its separate privacy notices, available at https://myroom24.com/de/datenschutzerklaerung. Insofar as there is joint responsibility for the processing of personal data, each party is responsible for the exercise of the rights of the data subjects and the information obligations pursuant to Art. 13 GDPR and Art. 14 GDPR (Art. 26 GDPR).
23. Other
23.1. The first booking month within the meaning of these GTC comprises 28 calendar days, all subsequent booking months of a continuous booking period comprise 30 calendar days each.
23.2. Neither party may transfer, assign or encumber any of its obligations or claims under the Contract or these GTC, individually or in the aggregate, without the prior written consent of the other party.
23.3. It is clarified that these GTC consist only of the German or English version. Any translation into other languages is for the information of the accommodation providers only. In the event of any contradictions or discrepancies between the German or English version and the version in another language, the German or English version shall prevail. In the event of contradictions or discrepancies between the German and English versions, the German version shall prevail.
23.4. All notifications and communications to myroom24 must be made in text form in German or English. Deviating regulations in these GTC and mandatory statutory provisions remain unaffected.
23.5. The contract and these GTC as well as their interpretation shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods shall not apply. This also applies to all non-contractual claims in connection with the contract and/or these GTC. The place of performance for all services provided by myroom24 is Berlin, Germany.
23.6. The courts of the Federal State of Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contract and/or these GTC.
23.7. The invalidity of individual provisions of the contract and/or these GTC shall not affect the validity of the remaining provisions. An invalid provision shall be replaced by a valid provision which comes as close as possible to the invalid provision in economic terms. This shall apply mutatis mutandis if it turns out that the contract and/or these GTC are incomplete.