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GENERAL TERMS AND CONDITIONS FOR HOSTS

  1. General

    1. These General Terms and Conditions for Hosts ("GTC") apply to all contracts of myroom24 GmbH (limited liability company with registered office at Tauentzienstraße 13, c/o pro.work GmbH, 10789 Berlin, Germany; registered with the Charlottenburg Local Court under the registration number HRB 213919 B; VAT identification number: DE329091021, "myroom24") with entrepreneurs (natural persons, legal persons and partnerships with legal capacity) from the accommodation industry, who have accommodations for rent for commercial purposes ,("Hosts" or individually “Host”), for services provided by myroom24 ("Contracts" or individually "Contract"; myroom24 and Hosts also together "Parties" or individually "Party"). This includes in particular to bring Hosts and registered private or business users ("Users" or individually "Users") of the Website www.myroom24.com and its subpages ("Website") together.

    2. With the Website, Myroom24 provides an online-platform through which Hosts can advertise the rooms, flats and/or houses ("Accommodation") of their commercial accommodation facility or accommodation facilities, e.g. hotel facilities, hostels, serviced apartments or holiday flats ("Accommodation Facilities" or individually "Accommodation Facility"), advertise, in part or in whole, accommodation of up to twenty-eight (28) nights ("Shortstays") and accommodation of more than twenty-eight (28) nights up to a maximum of one-hundred-and-seventy-nine (179) nights ("Longstays") and through which Users can search for and compare offers from different Hosts ("Listing") and enter into accommodation contracts with Hosts for Shortstays and Longstays ("Booking"). If a User concludes an accommodation contract with a Host, he is the Host's "Guest" (the term "Guest" also refers to any fellow traveller) and can rate the Host and its Accommodation on the Website after the accommodation.

    3. The Website including all sub-domains, the structure, content and design of the Website and the services offered (including payment processing) are the property of and 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 Host exclusively for the duration of the Contract and for the purposes and conditions of the Contract and these GTC.

    4. The Parties exclude the application of conflicting, deviating or supplementary general terms and conditions of business or contract of the Host subject to deviating agreements in individual cases.

    5. Myroom24 reserves the right to amend these GTC, insofar as this is necessary, in particular, to adapt to a changed legal situation, higher court or supreme court jurisdiction or technical developments. Myroom24 will inform the Host of the amended GTC and the date of amendment on the Website and by notification by email with a lead time of six (6) weeks. The Host may object to the amended GTC within thirty (30) days of receipt of the notification by email by clicking the corresponding button in the e-mail. In all other respects, Clause 17.3. GTC shall apply. If the Host keeps on publishing Listings on the Website or still keeps Listings available after expiry of the objection period and the lead time, myroom24 will understand this as implied consent to the amendment of the GTC. Myroom24 will inform the Host in advance of any consequences of its behavior in the email.

    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 Host to the subsequent amendment of these GTC. Myroom24 will inform the Host of the amended GTC on the Website and by notification by email with a lead time of six (6) weeks. The Host can agree to or object to the amended GTC within thirty (30) days of receipt of the notification by email by clicking on the corresponding button in the email. Clause 17.3. GTC shall apply in all other respects. Myroom24 will inform the Host in advance of any consequences of his behaviour in the email.

    7. Myroom24 stores the text of the Contract and the GTC that were in force at the time of Registration. The text of the Contract is accessible to the Host at all times via DocuSign. The Host can call up the GTC in their current version via the Website and download them as a PDF file at any time.

  2. Creating a profile ("Registration")

    1. The Host must create ("register") and maintain a profile on the Website in order to offer Accommodations to Users. Hosts without a profile cannot offer Accommodation on the Website.

    2. To register, the Host must enter its data (in particular: company name, address, telephone number, email address and, if available, VAT ID) in the mask provided for this purpose on the Website. This includes that the Host designates an authorised signatory, a natural person who is not identical to the authorised signatory as the main User and a contact person. The main User and contact person may be the same person. The Host may also grant other employees access and/or administration rights to its profile ("Subadmins"). The Host hereby declares that, subject to any declaration to the contrary, in individual cases, the persons named as main User and contact person are authorised to make legally binding declarations on behalf of the Host to myroom24 and Users/Guests within the framework of the Contract and Bookings. The Host will inform myroom24 immediately by email if the contact person is no longer available. The Host will then immediately appoint a new contact person by email. Myroom24 accepts no responsibility for non-updated or non-deleted access or administration rights in the Host's profile.

    3. Registration is free of charge for the Host.

    4. By registering, the Host assures and guarantees that it operates an accommodation business and holds all official permits, authorisations and/or other powers and registrations and complies with all legal requirements to the extent necessary for the operation of the accommodation business and the provision of the Accommodation on the Website. Myroom24 does not check the fulfilment of these requirements. The Host is obliged to indemnify myroom24 against any third-party claims asserted against myroom24 in this context.

    5. Myroom24 reserves the right to reject the Registration of a Host without giving reasons and not to allow the Host to use the Website.

  3. Create a Listing

    1. Having registered successfully, the Host has access to its profile created in accordance with Clause 2. GTC. The Host is obliged to keep its profile up to date at all times.

    2. In its profile, the Host has to describe the Accommodation to be listed in detail, including address, equipment features and information on transport connections and immediate surroundings ("general property description").

    3. In its profile, the Host can create and publish Listings unlimited in number and length.

    4. The Host must first create the individual advertisements manually in its profile. In order to provide the information in accordance with Clause 3.5.2. GTC, the Host may use the system of a third-party provider (e.g. a channel manager), which forwards information to myroom24 and automatically enters it into the corresponding Listing of the Host ("Third-Party-System"), provided that this Third-Party-System has been integrated in advance pursuant to Clause 4. GTC. The Host can also allow myroom24 to obtain content from so-called hotel-content distributors and add it to the Listing.

    5. The Host is obliged to provide at least the following information and content in a Listing either manually or via the integration of a Third-Party-System:

      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’s rooms;

      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");

      3. if applicable, information on the Security Deposit within

        the meaning of Clause 7. GTC and/or Cleaning Fee within the meaning of Clause 8 GTC;

      4. if applicable, information on visitor's tax/tourism fees;

      5. Cancellation Conditions pursuant to Clause 12. GTC;

      6. if applicable, the general terms and conditions of the Host,

        if the Host wishes them to become part of the accommodation contract between the Guest and the Host; and

      7. if applicable, planned conversions during ongoing business

        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 authorities.

    6. The Host determines in the Listing whether the User can complete the process of Booking immediately ("Immediate Booking") or whether the User initially can only make a binding booking request, which then the Host must confirm within the period of time specified in Clause 5.4. GTC ("Booking Request"). In the case of an Immediate Booking, the published Listing appears with a mark in the form of a green thunderbolt.

    7. The Host acknowledges that the mere publication of a Listing does not constitute a binding offer ("invitatio ad offerendum") if the User has not yet provided any further information pursuant to Clause 5.2. GTC. A binding offer only arises under the conditions of Clause 5.2. GTC.

    8. The Host may offer the Guest special offers or discounts (e.g. the common Channel Manager discounts) for Shortstay Bookings. For Longstay Bookings, the Host is obliged to offer special offers or discounts to the Guest. The discounts ranges are agreed in the Contract and shall apply.

    9. Special offers, discounts and promotions shall be marked as such by the Host in the Listing.

    10. Services that the Host does not specify on the Website, but might offer on site, can only be booked and paid for by the Guest on site (e.g. parking spaces, catering, laundry service). These services are not part of the broker activities of myroom24.

    11. The Host is forbidden to include in a Listing:

      1. provide links to third parties’ or own websites, with the

        exception of the link to the own general terms and conditions pursuant to Clause 3.5.6. GTC, or advertise other platforms that also serve the purpose of brokering accommodation contracts;

      2. promote or encourage the booking of Accommodation on site,

        via the Host's own website, email, fax, telephone, social media, apps or similar means of communication; or

      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.

    12. The Host must provide the content of a Listing at least in German or in English or have it written via a Third-Party-System. Myroom24 reserves the right to additionally translate the Listing into the respective other language. The same applies to translations into French, Italian, Greek and Portuguese. For each translation, myroom24 uses the Google Translate API. Myroom24 is not responsible for any translation errors and any misunderstandings resulting from the translation provided by the Host, Third-Party-System or Google Translate API.

    13. By creating a Listing, the Host assures and guarantees that it 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. If persons can be seen in the photos or similar images posted, the Host 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 Host is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this context.

    14. Myroom24 checks the Listing created by the Host solely to ensure that it contains all the information required in accordance with Clause 3.5. GTC before publishing it on the Website. If the Listing is complete, myroom24 changes the status of the Listing from "status pending" to "status active" and Users can see the Listing on the Website, otherwise the status "status pending" remains. Myroom24 informs the Host in text form about the change of status.

    15. Myroom24 does not check the content of a Listing 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 a Listing to ensure that it contains all the information required in accordance with Clause 3.5. GTC is merely a prerequisite for myroom24 making the Listing visible to Users on the Website. The Host is obliged to indemnify myroom24 against any third-party claims asserted against myroom24 in this context.

    16. Myroom24 informs the Host whose Listing is incomplete. The Host must amend or supplement the Listing within ten (10) working days.

    17. The Host assures and guarantees that the information manually provided by it, by a Third-Party-System or a hotel-content-distributor is at all times accurate, up-to-date and not misleading, does not infringe any third party’s rights or violate the law. The Host alone is responsible for this.

    18. If myroom24 becomes aware that the content of a Listing is incorrect, not up-to-date or misleading, infringes the rights of third parties or violates the law, myroom24 will check the content and, if necessary, ask the Host to comment and amend the Listing within ten (10) working days. Myroom24 reserves the right to temporarily block the Listing.

    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 Host, the Third-Party-System and/or the hotel-content-distributor publishes information that is false, not up-to-date or misleading, infringes third party’s rights or violates statutory regulations. The Host is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this connection.

    20. Myroom24 does not provide any guarantee or warranty to the guest regarding the equipment, quality or fitness for purpose of a listed Accommodation or the seriousness of the Host. The Listings do not constitute a recommendation, assessment or confirmation by myroom24 regarding the quality, level of service, eligibility to run an accommodation business, classification (stars) or type of accommodation of an Host, unless explicitly stated otherwise.

  4. Integration of a Third-Party-System

    1. If the Host wants to use a Third-Party-System to create a Listing, they can submit a request to myroom24 via its profile and ask for the Third-Party-System to be integrated.

    2. If myroom24 integrates the Third-Party-System requested by the Host, the Host must from now on only maintain and transfer information directly via the Third-Party-System.

    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 Host pursuant to Clause 3.5.2. GTC.

    4. The Host is obliged to check the information added to the Listing by the Third-Party-System and to change or correct it without delay should the information be incorrect, out of date or misleading, violate third party’s rights or statutory regulations. The Host is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this context.

    5. The Host assures and guarantees that the provider of the Third-Party-System is entitled to forward the information provided for the Listing to myroom24 for the purpose of use on the Website, in particular for reproduction and communication to public.

    6. If the Host 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 Host is obliged to inform myroom24 immediately and to provide all information again manually via its profile until the malfunction has been rectified.

    7. The Host is responsible for all faulty transmissions or malfunctions caused by the Third-Party-System. The Host is obliged to indemnify myroom24 from any claims by third parties resulting from a faulty transmission or malfunction and asserted against myroom24.

    8. Information from myroom24 to the Third-Party-System is deemed to have been received by the Host upon transmission to the Third-Party-System.

    9. The Host can terminate the integration of the Third-Party-System at any time in order to re-enter all information manually in its profile or to ask myroom24 to integrate another Third-Party-System.

    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 affects, impairs or overloads the stability of the technical infrastructure provided by myroom24.

  5. Booking

    1. The User must have a guest account on the Website in order to make Bookings and use the Website for other communication with Hosts.

    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 Listings of the Host and other Hosts are displayed on the Website.

    3. The Listings marked as Immediate Booking represent binding offers of the Host to conclude a Booking under the condition precedent of immediate payment in the course of Booking by the Guest. The User can bindingly accept the Host's binding offer subject to a condition precedent under the conditions as described in the Listing and the information entered into the search mask.

    4. Listings that are not marked as Immediate Bookings and are therefore Booking Requests represent binding offers by the Host to conclude a Booking under the condition precedent of immediate payment in the course of Booking by the Guest. The User can bindingly accept the Host's binding offer subject to a condition precedent under the conditions as described in the Listing and the information entered into the search mask. If the Host has placed the Listing without the aid of a Third-Party-System, the Host must confirm or reject the Booking Request within twenty-four (24) hours. If the Host rejects the Booking Request by pressing the corresponding button in its profile, or if it allows the twenty-four (24) hours to elapse without reacting, this shall be tantamount to cancelling the booking within the meaning of Clause 12.6. GTC. The Host must give reasons for the cancellation pursuant to Clause 12.6. GTC. If the Host rejects Booking Requests for reasons other than those stated in Clause 12.6. GTC and/or does not respond to Booking Requests within twenty-four (24) hours in a total of more than three (3) cases per month, myroom24 will issue a warning notice. If the Host has rejected a Booking Request due to lack of availability, myroom24 will instruct it to update the booking calendar so that it only displays available periods. Clause 17.2.3. GTC applies.

    5. Upon acceptance of a binding offer and as soon as the Guest has paid myroom24 the fee for the accommodation ("Booking Price") – for Shortstay Bookings in total, for Longstay Bookings pro rata – to myroom24, a Booking is made solely between the Host and the User/Guest. Myroom24 informs Host and Guest in text form about the successful Booking ("Booking Confirmation").

    6. Myroom24 is in no way involved as a contractual partner in the Booking or the underlying contractual relationship within the meaning of Clause 5.5. GTC. Myroom24 acts solely as an intermediary between the Host and the User. However, 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.

    7. By sending the binding acceptance, the User transmits his/her/its personal data relevant for the processing of the Booking to the Host. Myroom24 assumes no responsibility for the accuracy and completeness of the data transmitted by the User.

  6. Booking Price

    1. The Guest owes the Host payment of the Booking Price.

    2. The Booking Price is made up of the following components:

      1. Daily Rate;

      2. if applicable, visitor's tax/tourism tax;

      3. if applicable, Cleaning Fee within the meaning of

        Clause 8. GTC;

      4. if applicable, any discount; and

      5. if applicable, surcharge for each additional Guest.

    3. In addition to the Booking Price, the Host may demand a one-off Security Deposit from the Guest within the meaning of Clause 7. GTC and must show this separately in the Listing together with any VAT, other taxes, duties and fees, if applicable. The Security Deposit is not part of the Booking Price.

    4. Additional services which the Host does not offer on the Website, but which may be offered to the Guest on site (e.g. parking spaces, catering, laundry service), can be ordered and paid for by the Guest on site. These services are not part of the Booking Price.

    5. Myroom24 is entitled to demand further fees from the Guest, such as a Service Fee and/or Administration Fee. The fees are not part of the Booking Price.

    6. The Booking Price is shown to the Guest in the Listing 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 the Security Deposit.

  7. Security Deposit

    1. The Host 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").

    2. The Host 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").

    3. The Guest shall pay the Security Deposit on site directly to the Host upon arrival ("Check-In"). The Host shall hold the Security Deposit in trust.

    4. The Host 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.

    5. If and insofar as the Host withholds the Security Deposit in part or in full, it shall provide the Guest with reasons for the withholding in text form.

    6. Myroom24 is neither entitled nor obliged to keep or refund the Security Deposit paid by the Guest. If there is a dispute between the Host and the Guest about the partial or complete retention of the Security Deposit by the Host, the Host is solely responsible for settling the dispute.

  8. Cleaning Fee

    1. The Host may require the Guest to pay a one-off fee for Accommodation cleaning services ("Cleaning Fee").

    2. The amount of the Cleaning Fee as well as the frequency of cleaning is determined by the Host.

    3. The Host is obliged to clean the Accommodation once a month for Longstay Bookings.

    4. If the Host does not charge the Guest a one-off Cleaning Fee, the Host is obliged to clean the Accommodation free of charge.

    5. Any legal and/or official obligations regarding cleaning or hygiene measures remain unaffected by these regulations.

  9. Commission

    1. The Host owes myroom24 for each Booking made via the Website the payment of a fee plus any applicable VAT in the respective statutory amount ("Commission").

    2. The Commission rate is agreed in the Contract and shall apply.

    3. Fees for additional services, which the Host does not offer on the Website but may be offered to the Guest on site (e.g. parking spaces, catering, laundry service), are not subject to the Commission.

    4. For Shortstay Bookings, myroom24 will invoice the Commission to the Host once twenty-four (24) hours after the Check-In-date.

    5. For Longstay Bookings, myroom24 will invoice the Host for the Commission twenty-four (24) hours after the Check-In-date and on the first day of each subsequent month.

    6. Myroom24 is neither entitled nor obliged to issue invoices to the Guest for a Booking or the use of other services of the Host.

  10. Payment of the Booking Price

    1. The Guest shall pay the Booking Price to myroom24 using the payment method indicated by the Guest.

    2. In the case of a Shortstay Booking, the total Booking Price, and in the case of a Longstay Booking, the pro rata Booking Price for the first month is due immediately upon Booking. In the case of Longstay Bookings, the remaining Booking Price shall be due pro rata on the first day of each month or part thereof of the Booking Period extending beyond the first month.

    3. Myroom24 is entitled to accept or collect payment of the Booking Price and to deduct the Commission to which it is entitled pursuant to Clause 9.GTC from the Booking Price before it pays the remaining amount of the Booking Price ("Remaining Amount") to the Host in Euros via the online-money-transfer-service-provider Wise.

    4. Myroom24 pays the Remaining Amount for Shortstay Bookings in total, for Longstay Bookings pro rata within ten (10) working days after the Check-In- date to the Host. In the case of Longstay Bookings, myroom24 will pay the pro-rata remaining amount for the following months to the Host within the first ten (10) working days of each booking month.

    5. Myroom24 assumes no responsibility for the (timely) payment by the Guest. The Guest alone is responsible for timely payment.

    6. If collection of the Booking Price by myroom24 fails or the Guest otherwise defaults on payment, myroom24 shall inform the Host. The Host must then cancel the Booking immediately. The Guest may no longer check in with the Host for the specific Booking or must check out and depart immediately.

    7. In the event of default in payment by the Guest, the Host shall deduct the amount owed from the Security Deposit and retain it. If the Host cannot fully satisfy itself from the 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 Host instructs and authorises myroom24 to take all measures expedient for the extrajudicial collection of the debts. Myroom24 is entitled to accept payment of the amount owed. If the out-of-court efforts of myroom24 remain unsuccessful, it is commissioned by the Host and entitled to assert the claims in court and to collect them by way of compulsory enforcement. Myroom24 is entitled to commission a debt collection company with the collection of the claim. The claim to payment of a Commission remains unaffected by this.

  11. Further obligations and guarantees of the Host

    1. The Host is obliged,

      1. to provide the Accommodation to the Guest as described in

        the Listing published on the Website. The Host 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 Host is always free to offer the Guest higher quality Accommodation. Any additional costs incurred for this shall be borne by the Host;

      2. accommodate the Guest as described in the Listing published

        on the Website and underlying the accommodation contract between the Guest and the Host, even if the Host 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 Host has allocated Accommodation more than once for other reasons ("Overbooking"). Accommodation in an inferior Accommodation relative to the booked Accommodation is prohibited. The Host is free to provide Accommodation of a higher quality. Any additional costs incurred for this shall be borne by the Host;

      3. to charge the Guest again the Booking Price indicated and

        agreed via the Website on site 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 Listing;

      4. to clean the Accommodation or have it cleaned professionally

        and at reasonable intervals during the Guest's stay. For this, the Host may demand the Cleaning Fee from the Guest pursuant to Clause 8. GTC;

      5. if the Guest wishes to register a residence at the place of

        Accommodation and this is legally possible, to issue the Guest with a residence confirmation. The Host undertakes to assist the Guest in fulfilling his/her/its obligations arising from the registration law;

      6. not to solicit Users from myroom24 and not to conclude a

        Booking without the integration of myroom24. If a Host initiates accommodation contracts with Users via the Website but concludes them without involving myroom24, the Host is obliged to compensate myroom24 for the resulting damage;

      7. to inform myroom24 immediately if a rebooking becomes

        necessary or the Host refuses the Accommodation;

      8. to inform myroom24 without delay of measures that could

        affect the Guest's stay with the Host (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;

      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;

      10. handle complaints from Guests regarding the Accommodation or

        the products or services provided by the Host and provide an appropriate customer service for this purpose;

      11. to support myroom24 in the prevention and investigation of

        money laundering or fraud;

      12. to comply with the obligations vis-à-vis the Guests under

        distance selling law and in electronic commerce, in particular information obligations; and

      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 for the Guest, for example because the Guest withholds the amounts due to a complaint, the Host must pay the additional costs incurred to myroom24. The claim to payment of a Commission remains unaffected by this.

    2. The Host assures and guarantees that

      1. he/she/it can make the Accommodation described in the

        Listing available to Guests during the periods specified by him/her/it manually or via a Third-Party-System in the booking calendar;

      2. the Accommodation is not sublet by the Guest or commercially

        subcontracted to third parties or otherwise made available and he/she/it will oblige the Guest not to do so; and

      3. he/she/it 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

    1. The conditions set out by myroom24 for the cancellation of the Booking ("Cancellation Conditions") apply.

    2. When creating a Listing, the Host has to define the Cancellation Conditions under which the Guest may cancel his/her/its Booking. Therefore, the Host shall select one of the following categories for Cancellation Conditions in the profile:

      1. for Shortstay Bookings: "flexible Cancellation Conditions",

        "moderate Cancellation Conditions", "moderate-strict Cancellation Conditions", "strict Cancellation Conditions" or "non-refundable Cancellation Conditions"; or

      2. for Longstay Bookings: "Cancellations for Longstay Bookings"

        or "non-refundable Cancellation Conditions".

    3. The individual categories for Cancellation Conditions mean:

      1. Flexible Cancellation Conditions:

        1. If the Guest cancels the Booking by 6pm local time on

          the Check-In-date at the latest, myroom24 will refund the Booking Price in full. The Host does not owe myroom24 any Commission. The Host is not entitled to the Remaining Amount.

        2. If the Guest cancels the Booking later than 6pm local

          time on the Check-In-date, the Guest owes the Host payment of the Booking Price for the entire Booking Period in total - regardless of whether the Guest has already moved into the Accommodation at the time of cancellation. Myroom24 retains the Commission due to it for the Booking Period. The Remaining Amount is paid by myroom24 to the Host.

      2. Moderate Cancellation Conditions:

        1. If the Guest cancels the Booking no later than

          twenty-four (24) hours before the Check-In-date, myroom24 will refund the Booking Price in total. The Host does not owe myroom24 any Commission. The Host is not entitled to the Remaining Amount.

        2. If the Guest cancels the Booking later than

          twenty-four (24) hours before the Check-In-date, the Guest owes the Host payment of the Booking Price for the entire Booking Period in total - regardless of whether the Guest has already moved into the Accommodation at the time of cancellation. Myroom24 retains the full amount of the Commission due to it for the Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

      3. Moderate-strict Cancellation Conditions:

        1. If the Guest cancels the Booking no later than

          fourteen (14) days before the Check-In-date, myroom24 will refund the Booking Price in full. The Host does not owe myroom24 any Commission. The Host is not entitled to any Remaining Amount.

        2. If the Guest cancels the Booking later than

          fourteen (14), but at least seven (7) days before the Check-In-date, the Guest owes the Host payment of fifty (50) percent of the Booking Price for the entire Booking Period. Myroom24 will refund the Guest fifty (50) percent of the Booking Price. Myroom24 retains fifty (50) percent of the Commission due to it for the Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

        3. If the guest cancels their booking later than seven (7)

          days before the check-in date, the guest owes the Host payment of the booking price for the entire booking period in full - regardless of whether the guest has already moved into the accommodation at the time of cancellation. Myroom24 retains the full amount of the commission due to it for the booking period. The Remaining Amount will be paid by myroom24 to the Host.

      4. Strict Cancellation Conditions:

        1. If the Guest cancels the Booking no later than

          thirty (30) days before the Check-In-date, myroom24 will refund the Booking Price in total. The Host does not owe myroom24 any Commission. The Host is not entitled to any Remaining Amount.

        2. If the Guest cancels the booking later than

          thirty (30) days, but at least fourteen (14) days before the Check-In-date, the Guest owes the Host payment of fifty (50) percent of the Booking Price for the entire Booking Period. Myroom24 will refund fifty (50) percent of the Booking Price to the Guest. Myroom24 retains fifty (50) percent of the Commission due to it for the entire Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

        3. If the Guest cancels the Booking later than

          fourteen (14) days before the Check-In-date, the Guest owes the Host payment of the Booking Price for the entire Booking Period in total - regardless of whether the Guest has already moved into the Accommodation at the time of cancellation. Myroom24 retains the full amount of the Commission due to it for the Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

      5. Cancellation Conditions for Longstay Bookings:

        1. If the Guest cancels the Booking within forty-eight (48)

          hours after receipt of the Booking Confirmation and at least twenty-eight (28) days before the Check-In-date, myroom24 will refund the Booking Price in total. The Host does not owe myroom24 any Commission. The Host is not entitled to any Remaining Amount.

        2. If the Guest cancels the Booking later than

          forty-eight (48) hours after receipt of the Booking Confirmation and/or later than twenty-eight (28) days before the Check-In-date, the Guest owes the Host payment of the Booking Price in total for all nights made plus an additional thirty (30) nights. Myroom24 retains the Commission for the nights booked plus a further thirty (30) nights. The Remaining Amount will be paid by myroom24 to the Host.

        3. If the Guest cancels the Booking less than

          thirty (30) days before the end of the Booking Period, the Guest owes the Host payment of the Booking Price for the entire Booking Period. Myroom24 retains the full amount of the Commission due to it for the Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

      6. Non-refundable Cancellation Conditions for Shortstay and

        Longstay Bookings

        1. If the Guest cancels the Shortstay Booking, the Guest

          owes the Host payment of the Booking Price for the entire Booking Period in total - regardless of whether the Guest has already moved into the Accommodation at the time of cancellation. Myroom24 retains the full amount of the Commission due to it for the Booking Period. The Remaining Amount will be paid by myroom24 to the Host.

        2. If the Guest cancels the Longstay Booking, the following

          applies:

          1. Myroom24 leaves it up to the Host whether myroom24

            is to refund the Guest the first partial payment of the Booking Price in the event of cancellation, depending on the Listing and the time of Booking. The Host is obliged to clearly and unambiguously explain to the Guest in the Listing whether the Guest will be refunded the first partial payment of the Booking Price in the event of cancellation of the Longstay Booking. In the event of a refund, myroom24 will not receive any Commission for the amount of the refund and the Host will not receive any Remaining Amount for the amount of the refund.

          2. In all other respects, the Cancellation Conditions

            for Longstay Bookings apply pursuant to Clause 12.3.5. GTC.

    4. In the event that the Guest does not cancel the Booking and does not arrive at the Accommodation by 6pm local time on the Check-In-date ("No-Show"), the Guest will be deemed to have automatically checked in from 6pm on the Check-In-date and the Cancellation Conditions set out by the Host in the Listing will apply.

    5. The Guest may cancel the Booking solely in accordance with the Cancellation Conditions stated in the Listing. The Guest will only incur the costs as stated in the Cancellation Conditions. The Guest does not have to pay an additional cancellation fee.

    6. The Host may only cancel a Booking made via the Website at any time for the following reasons:

      1. detection or prevention of fraud or other illegal activities

        by the Guest;

      2. violation of third party’s rights by the Guest;

      3. violation of applicable law by the Guest;

      4. non-payment or default of payment of the Booking Price by

        the Guest;

      5. violations of the house rules in force at the respectice

        Accommodation by the Guest (e.g. smoking in the Guest’s rooms or other parts of the Accommodation where smoking is prohibited, bringing pets without permission, organising parties in the Guest’s rooms or other parts of the Accommodation, in particular with persons who are not Guests of the Accommodation, if not expressly approved in advance);

      6. subletting or other transfer of the rented Accommodation to

        third parties by the Guest;

      7. offensive or inappropriate messages via the chat function of

        the Website to the Host by the Guest;

      8. insolvency or closure of the Host;

      9. obligations imposed by law and/or by the authorities on the

        Host which make accommodation impossible or unreasonable for the Host (e.g. in the context of the Covid 19 pandemic);

      10. force majeure (e.g. war, strikes, natural disasters,

        pandemics) which make accommodation impossible or unreasonable for the Host; or

      11. unforeseeable damage to the Accommodation or unforeseeable,

        not insignificant restrictions on the usability of the Accommodation.

    7. The Host may instruct and authorise myroom24 to cancel Bookings on its behalf for and against it and to arrange for corresponding refunds or payouts.

    8. The Host 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. GTC.

    9. If the Host cancels more than five (5) Bookings in a calendar year for reasons other than those stated in Clause 12.6 GTC, it is obliged to contact myroom24. If the Host does not contact myroom24 or if its reasons for cancelling more than five (5) Bookings are not comprehensible to myroom24, the Host must pay a cancellation fee to myroom24 in the amount of:

      1. EUR 50 (fifty), if the Host cancels the Booking at least

        seven (7) days before the Check-In-date ;

      2. EUR 100 (one hundred) if the Host cancels the Booking later

        than seven (7) days but still twenty-four (24) hours before the Check-In- date; or

      3. EUR 150 (one hundred and fifty) if the Host cancels the

        Booking later than twenty-four (24) hours before the Check-In-date.

    10. The cancellation fee within the meaning of Clause 12.9. s. 2 GTC will be deducted by myroom24 from the next payment to the Host. If there is no further payment, myroom24 has a claim against the Host for payment of the cancellation fees.

    11. Clause 17.2.2. GTC shall apply.

    12. If the Host or myroom24 cancels the Booking, myroom24 will refund the Guest:

      1. the total Booking Price if the Host or myroom24 cancels the

        Booking before the Guest's Check-In-date. In this case, the Host is not entitled to any Remaining Amount. The Host does not owe myroom24 any Commission;

      2. the part of the Booking Price for the day of cancellation

        and all subsequent days until the end of the Booked Period if the Host or myroom24 cancels the Booking on or after the Check-In-date. In this case, myroom24 retains the Commission due to it for the Booking Period before the date of cancellation. It pays the Remaining Amount to the Host due to it for the Booking Period before the date of cancellation; or

      3. neither the Booking Price in total nor in part, if the Host

        or myroom24 cancels the Booking due to misconduct by the Guest. In this case, myroom24 retains the Commission due to it for the Booking Period. It will pay the Remaining Amount to the Host.

    13. If myroom24 or the Host cancels a Booking, the booking calendar may be blocked for a short time. During this time, the Host cannot offer Listings for the period of the cancelled Booking.

  13. Support service and general customer service

    1. Myroom24 offers a support service for Hosts as well as a general customer service for Users and Guests.

    2. The support service is available to all Hosts, in particular for questions and problems regarding the use of the Website or other questions regarding all topics relevant to the Host.

    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 Host. 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 Host is solely responsible for such complaints.

    4. The support service is available to Hosts as follows:

      1. via contact form: around the clock;

      2. via live chat: Mon.-Fri. 10am to 7pm;

      3. by e-mail partner@myroom24.com: around the clock;

      4. via hotline +49 30 31196601:

        Mon.-Fri. 10am to 7pm.

  14. Ranking

    1. Myroom24 is entitled to rank the listed Accommodations of the Hosts in the results of a User's search query on the Website in order to preferably show the User results that match his/her/its personal preferences.

    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 Host, unless explicitly stated otherwise.

    3. Myroom24 provides the provisions for ranking Accommodation in the HelpCenter for Hosts and Users.

  15. Accommodation and Host reviews

    1. Myroom24 offers Guests who have made the Nooking the opportunity to rate the Accommodation and the Host after the accommodation.

    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.

    3. If myroom24 is informed by an Host, 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.

    4. The Host 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 Host 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 of submitting negative ratings. The Host is obliged to indemnify myroom24 from any claims made by third parties against myroom24 in this context.

  16. Rights of use

    1. The Host grants myroom24 the non-exclusive, temporally limited to the duration and factually limited to the purposes of the Contract, spatially unrestricted, free of charge, revocable, non-transferable, sub-licensable right to publish, reproduce, edit and publicly reproduce any contents of the Listing, in particular descriptions, photos, images, graphics, logos, registered or pending trademarks or designs or domains, which the Host posts or has posted in its profile manually or via Third-Party-System.

    2. The Host grants myroom24 the non-exclusive, temporally limited to the duration and factually limited to the purposes of the Contract, spatially unlimited, free of charge, 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 Host provides on its own Website or the hotel-content-distributors to myroom24.

    3. Myroom24 grants the Host the non-exclusive, temporally limited to the duration and factually limited to the purposes of the contract, spatially unlimited, free of charge, revocable, non-transferable right to publish, reproduce and publicly reproduce the name and trademark "myroom24", the myroom24 domains and the logo "myroom24". The granting of sub-licences requires the prior express consent of myroom24.

  17. Term and termination

    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.

    2. Without prejudice to Clause 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 Host

      1. several times breaches any of its obligations under the

        Contract or these GTC or violates applicable law;

      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. GTC;

      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;

      4. repeatedly offers the Guests on site not the booked

        Accommodation but an inferior Accommodation, in particular of substandard equipment and/or size;

      5. transfers the Guest against his/her/its will to another Host

        or accommodation service provider;

      6. requires the Guest to pay a higher Booking Price for the

        Accommodation than stated in the Listing;

      7. breaches its obligation under Clause 15.4. GTC on one

        occasion.

      8. commits acts that are likely to directly or indirectly

        damage the reputation and image of myroom24; or

      9. files an application for the opening of insolvency or

        similar proceedings or is liquidated.

    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.

    4. Myroom24 reserves the right to block the profile of the Host 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 Clause 17.2. GTC. The same applies in the event of a one-off breach of the Confidentiality Clause in Clause 21 GTC, repeated complaints by Guests about Accommodation listed by the Host or about the behaviour of the Host on the Website and/or on site or in the event of unlawful behaviour by the Host 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:

  1. the Parties shall duly fulfil or settle all Bookings made through the Website by the end of the term of the Contract;

  2. the Host shall settle all issued unpaid invoices of myroom24 without delay;

  3. the Host may no longer advertise in any way that Accommodations can be booked via the Website;

  4. myroom24 deletes the Host's profile at the end of the term of the Contract and after all Bookings have been processed, so that the Host can no longer use the Website;

  5. the Host is not entitled to any claims for damages or reimbursement of expenses against myroom24 due to the termination of the Contract; and

  6. subject to the regulations in the Contract and in these GTC, in particular the post-contractual obligation of confidentiality pursuant to Clause 21.9. GTC, and all other rights and obligations that have arisen prior to the expiry of the Contract term, the Parties shall have no further obligations to each other under the Contract.

  7. Indemnification

The Host indemnifies myroom24 against claims by third parties insofar as these claims are based on breaches of the Contract and/or GTC or duty by the Host. The claim for indemnification includes the reasonable costs of legal defence. The Host is obliged to support myroom24 in the defence of third party claims at the expense of myroom24.

  1. Limitation of liability

    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.

    2. For slight negligence myroom24 is only liable in the case of:

      1. damage resulting from injury to life, body or health;

      2. breaches of material contractual obligations, i.e.

        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”).

    3. Claims arising from any guarantee vis-à-vis the Host and from the Product Liability Act (ProdHaftG) remain unaffected by limitations of liability.

    4. The Host assumes sole responsibility and liability for the listed Accommodations, including any guarantees and statements made by the Host to the Guest and/or myroom24.

  2. Confidentiality

    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.

    2. The obligation of confidentiality does not apply to information that:

      1. were already known to the Party that obtained the

        information from the other Party ("Receiving Party") before the information was obtained;

      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;

      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;

      4. the Receiving Party has developed independently of the

        Confidential Information obtained from the other Party.

    3. Statutory and official disclosure obligations shall remain unaffected. The Party subject to a duty of disclosure shall inform the other Party of this as early as possible and support it as best it can in taking action against the duty of disclosure.

    4. The Parties undertake to keep each other's Confidential Information strictly confidential and to use it solely for the purposes of the Contract.

    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 Sections 15 et seq. AktG and their bodies, employees and agents.

    6. The Parties undertake to take reasonable confidentiality measures according to the circumstances within the meaning of Section 2 No. 1 lit. b) of the German Act on the Protection of Trade Secrets (GeschGehG) and the technical and organisational measures required pursuant to 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.

    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.

    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 Contract. Complete return or destruction shall be confirmed in writing at the request of either Party.

    9. The obligation of the Parties to maintain the confidentiality of each other's Confidential Information shall continue for the duration of the Contract and for a period of ten (10) years after termination of the Contract.

  3. Data protection

Myroom24 refers to its separate notices on data protection, available at https://myroom24.com/privacy-policy. 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 Article 13 GDPR and Article 14 GDPR (Article 26 GDPR).

  1. Miscellaneous

    1. 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.

    2. 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 Hosts 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.

    3. All notifications and communications to myroom24 must be made in German or English in text form.

    4. 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.

    5. 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.

    6. 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.

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