GENERAL TERMS AND CONDITIONS FOR USERS AND GUESTS
1. General
1.1. myroom24 GmbH (a limited liability company with its 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, telephone number: +493083797983, "myroom24") operates the website www.myroom24.com and its sub-pages ("Website").
The Website is an online booking platform on which exclusively commercially active accommodation providers ("Accommodation Providers") offer rooms, flats and/or houses ("Accommodation") in commercial accommodation facilities such as, for example, hotel facilities, hostels, serviced flats or holiday homes ("Accommodation Facilities" or individually "Accommodation Facilities"). hotel facilities, hostels, serviced flats or holiday flats ("Accommodation Facilities" or individually "Accommodation Facility") in part or in whole for the accommodation of guests for a duration of twenty-eight (28) to a maximum of one hundred and seventy-nine (179) nights ("Longstay") and may offer and rent them for the conclusion of accommodation contracts to registered private and business users of the Website ("Users").
On the website, users can search for and compare offers from different accommodation providers ("listing") and conclude accommodation contracts with accommodation providers for long-stay stays ("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.
1.2. These General Terms and Conditions for Users ("GTC") apply to the legal relationship between the user and myroom24 with regard to the use of the website including the conclusion and processing of bookings by myroom24 ("platform contract").
Access to the Website and the services associated with the operation of the Website shall be granted to the Guest exclusively for the duration of the Platform Contract and for the purposes and under the conditions of these GTC.
1.3. Unless otherwise stated in the data protection information of myroom24 (see item 20. GTC), myroom24 does not store the GTC applicable at the time of the creation of a guest account. The user can call up the GTC in their currently valid version at any time via the website and download them as a PDF.
1.4. 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. Subject of the contract
2.1. The subject matter of the platform contract between the user and myroom24 are:
2.1.1. the provision of the website's usage options. Myroom24 offers users the opportunity to search for and compare advertisements on the website, to book the accommodation on offer and to publish reviews of the booked accommodation and individual accommodation providers;
2.1.2. Conclusion and processing services of myroom24 when a booking is made, in that myroom24 enables the user to conclude and process bookings via the website.
2.2. For making bookings, the user must pay a service fee to myroom24 in accordance with section 6.6. of the GTC. The further use of the website and the services of myroom24 are free of charge.
3. Conclusion of the platform contract by creating a guest account ("registration")
3.1. The use of the booking function requires the prior creation of a guest account ("registration") by the user.
3.2. Only a natural person who is at least eighteen (18) years old or a legal entity or association of persons with legal capacity may create a guest account.
3.3. For registration, the user must enter his data (such as first name and surname, company name if applicable, details of legal representative, address, telephone number, e-mail address, VAT ID if applicable) truthfully and completely in the mask provided for this purpose on the website. Myroom24 accepts no liability for the accuracy and completeness of the information provided by the user.
3.4. For registration, the user specifies a user name and a password. The password used must be kept secret by the user, may not be passed on to third parties and must be protected by suitable measures against unauthorised access by third parties. Only the user may use the guest account. Only one user may use the guest account at a time. In the event of a breach of the aforementioned obligations of the user, any action and declaration of a third party made via the user's guest account shall be effective for and against the user. Any unauthorised use of the guest account and any suspicion to this effect must be reported to myroom24 immediately via the general customer service (see section 11. GTC) after the user has become aware of this. Myroom24 is entitled to block the user account after receipt of the user's notification until the facts of the case have been fully clarified.
3.5. Before clicking on the "Register now" button, the user is given the opportunity to check his or her details again, correct them if necessary and verify them.
3.6. By clicking on the "Register now" button, the user completes the registration. In doing so he makes a binding offer to conclude the platform contract between the user and myroom24 under the terms and conditions of these GTC. Myroom24 accepts this offer as binding by confirming the conclusion of the contract to the user by e-mail ("confirmation message").
3.7. Myroom24 reserves the right to reject the registration of a user without giving reasons and not to allow the registering user to use the website.
3.8. If the user recognises incomplete or incorrect information about his user data after his registration, he must correct this immediately in the guest account.
3.9. The user is obliged to maintain his guest account continuously after his registration, in particular to update his personal data in the guest account without delay should these change.
3.10. Myroom24 is not responsible for the guest account of a user, in particular with regard to the correctness and completeness of the information entered by the user. The user is obliged to indemnify myroom24 against any claims made by third parties against myroom24 in this connection.
3.11. The user is prohibited from registering more than once or from impersonating another person in order to be able to make a further registration.
3.12. Contractual declarations by myroom can be sent to the user at the e-mail address provided during registration or in the event of subsequent changes in the guest account.
3.13. The making of bookings by users for third party guests is permitted. Myroom24 reserves the right to restrict the possibility of making bookings by users for third party guests in whole or in part without giving reasons.
4. Advertisement of the accommodation provider
4.1. Myroom24 stores the content uploaded by the accommodation providers on the website and only provides the accommodation providers with the storage space required for this purpose. The accommodation providers are the sole providers of the accommodation on the website. Myroom24 is neither a provider of accommodation nor a provider of other related services of the accommodation provider. Myroom24 acts solely as an intermediary between the accommodation provider and the user/guest.
4.2. The information published about an accommodation is provided solely by the accommodation provider. The sole responsibility for the content uploaded by the accommodation provider lies with the accommodation provider. The accommodation provider is solely responsible for ensuring that all information in the advertisement, in particular the features of the accommodation, the stated accommodation fee ("booking price") including any applicable taxes, duties and charges, special offers, discounts or promotions, the required security deposit, availability and its general terms and conditions, is always truthful, up-to-date, complete and not misleading.
4.3. 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. Myroom24 is not liable for the information provided via the website on the accommodation and the accommodation provider and in particular accepts no liability for the seriousness of the accommodation provider and the successful and defect-free fulfilment of the booking.
4.4. The advertisements of the accommodation providers are not binding and myroom24 is not liable for the availability of the advertised accommodation. Instead, the advertisements constitute an invitation to submit a binding offer by the user to book the respective accommodation on the terms and conditions specified by the accommodation provider, with regard to which a binding booking request ("booking request") can be submitted by the guest. In deviation from this, the accommodation provider can specify in the case of an advertisement that the advertisement is a binding offer to conclude a booking that the user can accept immediately ("immediate booking"). The further provisions for making bookings are regulated in section 5 of these GTC. When the possibility of an immediate booking is determined, the published advertisement appears with a corresponding mark (e.g. in the form of a green lightning bolt).
4.5. Obvious mistakes or errors (e.g. obvious typing error) in the advertisement are not binding. Guests cannot derive any rights from this, in particular they cannot rely on the lower booking price.
4.6. Insofar as the advertisements contain links to third-party websites, myroom24 merely provides access to these websites and accepts no liability for them. Myroom24 does not adopt the content of the websites linked in the advertisements as its own and hereby expressly distances itself from all misdeeds of all websites linked in the advertisements. The content of the websites linked in the advertisements and the goods and services sold there are the sole responsibility of the accommodation providers and the owners of the linked websites referred to in the advertisements by hyperlink.
5. Booking
5.1. The user must register on the website in order to be able to book accommodation via the website. Users without a guest account can initiate the booking process without prior registration. However, when the booking is completed, myroom24 automatically creates a guest account with the data entered by the guest for the booking in order to be able to guarantee secure and smooth booking processing.
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. Since the conditions for bookings regarding the individual accommodations, even with the same accommodation provider, may differ, the user is obliged to check the conditions stated by the accommodation provider precisely and carefully before making a booking. If a booking is made, the user is bound by the conditions stated by the accommodation provider. He/she cannot plead that he/she was unaware of the conditions stated by the accommodation provider.
5.4. The advertisements marked as immediate booking represent binding offers of the accommodation provider to conclude a booking under the condition precedent of immediate payment after booking by the guest. The user can bindingly accept the accommodation provider's binding offer subject to the conditions as described in the advertisement and the information entered in the search mask. To do so, the user presses the button "book with obligation to pay".
5.5. In the case of booking requests from users for advertisements that are not marked as immediate bookings, the user makes a binding offer to conclude a booking by pressing the button ""book with obligation to pay", which is to be accepted or rejected by the accommodation provider within twenty-four (24) hours. If the accommodation provider rejects the booking or allows the twenty-four (24) hours to elapse without a reaction, no booking is made.
5.6. By submitting the booking declaration ("order"), 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/guest.
5.7. In the case of instant bookings, a legally binding booking of the accommodation is made exclusively between the accommodation provider and the user upon payment of the booking price due and, in the case of all other bookings, upon acceptance of the booking by the accommodation provider and payment of the booking price due. Myroom24 is in no way involved as a contractual partner in the booking and the resulting contractual relationship.
5.8. Myroom24 informs the user regarding the order and the legally effective conclusion of the booking in text form ("booking confirmation").
6. Booking price
6.1. The guest owes the accommodation provider the payment of the booking price with the legally effective conclusion of the booking.
6.2. The booking price is displayed to the user in the advertisement including all taxes, duties and other price components plus all fees for the entire booked duration of stay ("booking period") as the final price in euros.
6.3. The information on the booking price is exclusively provided by the accommodation provider. It is the sole responsibility of the accommodation provider to fully and properly inform the user of any (additional) taxes, fees and other charges applicable to the accommodation in accordance with local regulations.
6.4. The accommodation provider may require the guest to make a one-off payment of a reasonable amount in addition to the payment of the booking price, e.g. to secure any claim for payment of compensation in the event of damage to the accommodation or the equipment of the accommodation or in the event of damage due to late payment ("security deposit"). The accommodation provider shall separately indicate such a security deposit, if required by the guest, in the advertisement.
6.5. Additional services that the accommodation provider does not offer to the guest in the advertisement but may offer on site (e.g. parking spaces, catering, laundry service) can be booked and paid for by the guest on site with the accommodation provider. They are not part of the booking price.
6.6. For each booking, the guest owes myroom24 a fee for the conclusion and processing services of myroom24 in the amount of eight (8) percent of the booking price per guest and per individual month of the booking period ("service fee"). For partial booking periods the guest owes a pro rata service fee. The fee is shown separately by myroom24 before the booking is concluded.
6.7. Myroom24 is entitled to demand further fees from the guest, such as an administration fee. These additional fees, if any, will be shown separately by myroom24 before the booking is completed.
6.8. Accommodation providers may offer their accommodation at particularly favourable booking prices. These booking prices set by the accommodation providers may be subject to special conditions, e.g. with regard to cancellation conditions. The guest must check carefully whether such special conditions exist before making a booking. If a booking is made
6.9. he/she shall be bound by the conditions stated by the accommodation provider in his/her advertisement. He cannot claim not to have known about the conditions that the accommodation provider stated in his advertisement.
7. Payment of the booking price; means of payment
7.1. The booking price is payable in euros.
7.2. For bookings, the pro rata booking price for the first month is due immediately upon booking and is to be paid by the guest to myroom24 in euros as part of the booking process. In the case of bookings for which the booking period is longer than one month, the remaining booking price is due for payment on a pro rata basis on the first calendar day of each further booking month or part thereof following the first or the respectively expired booking month of the booking period.
7.3. Myroom24 is entitled and authorised to receive or collect payment of the booking price and to pay it to the accommodation provider.
7.4. The fees charged by myroom24 are due in each case together with the booking price for the respective booking period on a pro rata basis and are to be paid by the guest to myroom24 on the due date in each case. Myroom24 shall issue invoices to the guest in respect of the fees charged by myroom24 on the due date in each case. Myroom24 is neither entitled nor obliged to issue invoices to the guest for the use of accommodation or other services of the accommodation provider.
7.5. The means of payment listed on the website are available to the guest. Myroom24 reserves the right to change the means of payment at any time.
7.6. If the guest selects a means of payment for which myroom24 must collect the claims to be paid, the guest simultaneously gives consent with the selection of the means of payment that myroom24 may collect any claims of myroom24 and/or the accommodation provider from the guest's account.
7.7. The guest is obliged to provide correct and complete payment information in the guest account and to update it as soon as payment information changes. The guest is also obliged to ensure sufficient coverage of his/her bank account from which the booking price is to be debited.
7.8. In the booking confirmation, myroom24 confirms to the guest the successful receipt of payment of the proportionally paid booking price.
7.9. Myroom24 assumes no responsibility for the (timely) payment of the booking price by the guest. The guest alone is responsible for the timely payment.
7.10. If the payment fails, myroom24 informs the guest and requests him to check the payment method stored in the guest account and to store another payment method if necessary.
7.11. In the event of repeated failure of payment or other default of payment by the user/guest, myroom24 will inform the accommodation provider. In this case, the accommodation provider is entitled to cancel the booking immediately and to block access to the accommodation, provided that a legally valid booking has already been made. The guest may then no longer use the accommodation and must check out and depart immediately.
7.12. In the event of late payment, the accommodation provider is still entitled to deduct and retain the amount owed from any security deposit that may have been requested. If the accommodation provider is unable to fully satisfy the claim due from the retained security deposit or if a security deposit is not available, the outstanding payment amount due will be invoiced to the guest and myroom24 will be informed. The accommodation provider instructs and authorises myroom24 to take all appropriate measures for the out-of-court debt collection. In particular, myroom24 is authorised to accept payment of the amount owed. Insofar as the out-of-court efforts of myroom24 remain unsuccessful as a result, myroom24 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 to commission a debt collection company or a lawyer with the debt collection at the expense of the guest. The claim of myroom24 to payment of the commission remains unaffected in the case of the delay of payment and a cancellation of the reservation because of the delay of payment and continues to exist.
8. Cancellation conditions
8.1. The guest may cancel the booking subject to the following cancellation conditions.
8.2. Cancellations by the guest are to be made exclusively via the myroom24 website.
8.3. For cancellations of bookings before the start of the stay, the following rules apply: The guest is entitled to cancel the booking free of charge up to 14 calendar days before the start of the first booking night; in this case, there is no obligation for the guest to pay the booking price and service fee, and any booking prices and service fees already paid will be refunded to the guest. If the cancellation occurs before the start of the stay within a period of less than 14 calendar days before the start of the first booking night, the cancellation will not become effective until the end of the first booking month; in this case, the guest remains obliged to pay the full booking price and the full booking fee for the first booking month, and only any booking prices and service fees already paid for periods after the end of the first booking month will be refunded to the guest.
For cancellations of bookings after the start of the stay, the following rules apply: The guest is entitled to cancel the booking by giving 14 calendar days' notice at the end of a booking month. If the 14 calendar days' cancellation period is not observed, the cancellation will not become effective until the end of the following booking month; in this case, the guest remains obliged to pay the full booking price and the full booking fee for booking periods until the cancellation becomes effective, and only any booking prices and service fees already paid for periods after the cancellation becomes effective will be refunded to the guest.
8.4. There is no fee for processing the cancellation. Further fees remain unaffected.
8.5. In the event that the guest does not cancel the booking and does not arrive at the accommodation by 18:00 local time on the check-in date ("no-show"), the guest will be deemed to have automatically checked in from 18:00 on the check-in date and the cancellation conditions set out by the accommodation provider in the advertisement will apply.
8.6. The accommodation provider may only cancel a booking made via the website at any time for the following reasons:
8.6.1. Detection or prevention of fraud or other illegal activities by the user/guest;
8.6.2. Violation of third party rights by the user/guest;
8.6.3. Violation of applicable law by the guest;
8.6.4. Non-payment or delay in payment of the booking price by the user/guest;
8.6.5. 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);
8.6.6. Subletting or other transfer of the rented accommodation to third parties by the guest;
8.6.7. Incompleteness of the guest's profile that makes the accommodation provider doubt the guest's seriousness;
8.6.8. offensive or inappropriate messages to the accommodation provider via the chat function of the website;
8.6.9. Insolvency or closure of the accommodation provider;
8.6.10. obligations imposed by law and/or by the authorities on the accommodation provider that make accommodation impossible or unreasonable for the accommodation provider (e.g. in the context of the Covid 19 pandemic);
8.6.11. force majeure (e.g. war, strikes, natural disasters, pandemics) which make accommodation impossible or unreasonable for the accommodation provider;
8.6.12. unforeseeable damage to the accommodation or unforeseeable, not insignificant restrictions on the usability of the accommodation.
8.7. Myroom24 may be instructed and authorised by the accommodation provider to cancel bookings in their name and on their behalf and to arrange appropriate refunds and payouts.
8.8. If the accommodation provider or myroom24 cancels the booking, myroom24 will refund the guest the full amount of the booking price already paid and the service fee in each case if the accommodation provider or myroom24 cancels the booking before the guest's check-in date, provided that there is no breach of duty on the part of the guest entitling the guest to cancellation; in the event of grossly negligent or wilful breaches of duty on the part of the guest, there is no entitlement to a refund.
9. Further obligations of the user or guest
9.1. The user shall refrain from any activity that is likely to manipulate, impair, block and/or excessively burden the operation of the website and/or the technical infrastructure behind it and/or its functions. This includes, for example, the use of software (e.g. ad blocker software), viruses or robots in connection with the use of the website; blocking, overwriting, modifying, copying data and/or other content, unless this is necessary for proper use.
9.2. The user is prohibited from booking accommodation found through the website on site, through the accommodation provider's own websites, by email, fax, telephone, social media, apps or any similar means of communication.
9.3. The guest must inform the accommodation provider immediately should he/she arrive late on the check-in date or arrive on a day after the check-in date.
9.4. The guest may not sublet accommodation to third parties or let it in any other way or use it commercially.
10. Website availability
10.1. Myroom24 endeavours to offer comprehensive availability of the website within the scope of what is technically possible and economically reasonable.
10.2. The user has no claim to permanent use of the website. Myroom24 is not obliged to ensure that the website is accessible at all times and accepts no liability for the website being accessible at all times. In particular, e.g. maintenance work, security and capacity reasons, technical circumstances as well as events outside the sphere of influence of myroom24 can lead to a temporary or permanent inaccessibility of the website.
10.3. Myroom24 reserves the right to restrict access to the website at any time and as necessary in each case, e.g. to carry out maintenance work.
11. General customer service
11.1. Myroom24 offers a general customer service for users and guests.
11.2. The general customer service of myroom24 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 of myroom24 is not responsible for any complaints relating to the accommodation, in particular relating to quality, facilities or agreed prices such as the booking price, or additionally provided products or services. Such complaints are to be directed exclusively to the accommodation provider.
11.3. When contacting us by e-mail, the user/guest must include his/her booking confirmation or the number of the booking confirmation in order to enable a quick processing of his/her request.
11.4. General customer service is available to users and guests as follows:
11.4.1. via contact form: around the clock;
11.4.2. via live chat: Mon.-Fri. 10.00 to 19.00;
11.4.3. by e-mail [email protected]: around the clock;
11.4.4. by hotline +49 30 83797983: Mon.-Fri. 10.00 to 19.00.
The user/guest 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. Notwithstanding this, myroom24 will attempt to answer all enquiries as quickly as possible within the framework of the technical and actual possibilities, but without assuming liability for this.
12. Reviews
12.1. A guest may rate the accommodation he/she has booked and/or the accommodation provider after the end of his/her stay. A guest who was only a fellow traveller cannot give a rating.
12.2. Myroom24 sends the guest an invitation to the evaluation by e-mail.
12.3. Reviews of an accommodation provider and/or accommodation may only be submitted by a guest who is not also the accommodation provider, a participant in the accommodation provider's business or an employee or agent of the accommodation provider. The reviewing guest may also not be in a competitive or family relationship with the accommodation provider.
12.4. The guest is obliged to provide only truthful information in the reviews submitted. The reviews submitted by the guest must be factual and may not contain any abusive criticism. In particular, the guest is prohibited from submitting reviews,
12.4.1. which are offensive, indecent, pornographic, anti-constitutional, racist and/or discriminatory;
12.4.2. whose contents violate the rights of third parties, in particular copyright or general personal rights, or applicable law;
12.4.3. which are misleading;
12.4.4. which are exclusively intended to serve own or third party advertising purposes, wholly or partly advertising for competitors of myroom24 or other commercial purposes directly or indirectly;
12.4.5. advocate, promote or incite violent, offensive, threatening, harassing or criminal activities;
12.4.6. which contain own or third-party trademarks, designs, logos, links to own or third-party websites;
12.4.7. which have no connection with the actual booking of the guest or which only serve the purpose of manipulating the rating system;
12.4.8. containing information of a confidential nature of another person or company;
12.4.9. contain malware or link to it;
12.4.10. if the guest has been promised a benefit in return by the accommodation provider (e.g. payment, special offers, discounts, vouchers, extra services or similar); or
12.4.11. which he only makes out of fear of disadvantages threatened, for example, by the accommodation provider.
12.5. The guest is obligated to immediately notify myroom24 of the cases of section 12.4.10. GTC and section 12.4.11. GTC via the general customer service (see section 11. GTC).
12.6. Accommodation providers have the opportunity to respond to reviews submitted by a guest.
12.7. The guest represents and warrants that if he/she includes photos and/or videos for his/her rating, he/she holds the rights to them necessary for their reproduction, publication and public communication. If persons are to be seen on the photos and/or videos, the guest represents and warrants that he/she has the consent of the person or persons depicted that is necessary for the reproduction, publication and public reproduction.
12.8. The guest grants myroom24 the non-exclusive, temporally, locally and objectively unrestricted, gratuitous, transferable and sub-licensable right to reproduce, publish, edit and publicly reproduce the contents of the ratings, in particular the photos and/or videos.
12.9. The granting of the rights of use in accordance with Clause 12.8. of the GTC may be revoked at any time in text form with effect for the future and without stating reasons vis-à-vis myroom24. In the event of revocation, myroom24 will immediately delete the content concerned and not use it any further.
12.10. The reviews only reflect the personal opinion of a guest at a specific point in time. Myroom24 expressly does not adopt this opinion as its own.
12.11. Myroom24 does not check the accuracy or legality of the content of the rating submitted prior to publication. Myroom24 is therefore not responsible for the correctness or legality of the rating submitted in each case.
12.12. If myroom24 is informed by an accommodation provider, a user/guest or a third party that a review would violate section 12.4. GTC, myroom24 will review the content, ask the guest who submitted the review in question for a statement if necessary and immediately change or completely delete reviews that violate section 12.4. GTC.
12.13. Myroom24 is entitled to temporarily block or permanently deactivate the account of the respective guest in the event of repeated or serious breaches of Clause 12.3 GTC and/or Clause 12.4 GTC.
13. Advertising measures
13.1. When registering their guest account, the user can expressly consent to receiving advertising emails (e.g. invitations to rate the accommodation booked by the guest and the accommodation provider).
13.2. The user can object to receiving advertising emails at any time by sending a clear email to myroom24 [email protected], without incurring any costs other than the transmission costs according to the basic rates.
14. Ranking
14.1. Myroom24 is entitled to rank the advertised accommodation of the accommodation providers in the results of a search query of the user on the website in order to preferably show the user results that match his 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 makes the provisions for ranking accommodation available in the Help Centre for accommodation providers and users.
15. Rights of use
15.1. The website including all sub-domains, the structure, content and design of the website and the services offered (including payment processing) are the property and are subject to the exclusive copyright, design and other applicable rights of myroom24.
15.2. Users are not permitted to use, reproduce, distribute, publish, display or publicly reproduce any content or information, software, products or services available on the website other than for the purpose of making bookings in any way, link to sub-pages of other websites, upload or reproduce. Any infringement will be legally prosecuted.
16. Term and termination
16.1. The platform contract is concluded for an indefinite period. It shall apply from receipt of the confirmation notice by the user.
16.2. The user may terminate the platform contract at any time without notice. The user terminates the platform contract by pressing the "Delete guest account" button in his guest account. Myroom24 confirms to the user by e-mail that it has received the user's declaration of termination stating the date and time and has deleted the guest account stating the date and time.
16.3. Myroom24 can terminate the platform contract in text form with a notice period of fourteen (14) days to the end of a month without stating reasons. If a booking still exists, myroom24 can only terminate in text form after the end of the booking period with a notice period of fourteen (14) days to the end of a month without giving reasons.
16.4. Without prejudice to section 16.3. of the GTC and without prejudice to other rights of myroom24, myroom24 is entitled to terminate the platform contract in whole or in part without observing a period of notice in text form if the user:
16.4.1. breaches any of its obligations under these GTC on several occasions;
16.4.2. violated the applicable law several times;
16.4.3. infringes the rights of third parties;
16.4.4. is in default of payment;
16.4.5. directly or indirectly damages the reputation and image of myroom24; or
16.4.6. jeopardises the security or property of myroom24, the accommodation provider or other third parties (e.g. in the event of fraudulent behaviour on the part of the user).
16.5. Without prejudice to Clause 16.3. GTC and Clause 16.4. GTC and without prejudice to any other rights of myroom24, myroom24 is entitled to terminate the contract in text form with a notice period of two (2) weeks to the end of the month in the event of an objection in accordance with Clause 22.2. GTC or Clause 22.3. GTC.
16.6. Myroom24 reserves the right to block the guest account for the user permanently or for a period to be determined by myroom24 at its reasonable discretion, instead of terminating it, in the event of a case in accordance with Section 16.4 GTC. The same applies in the event of a one-off breach of these GTC.
17. Consequences in the event of termination
In the event of termination of the platform contract, the following shall apply:
17.1. myroom24 will delete the relevant guest account immediately after termination, provided that there are no longer any active bookings, otherwise only after all bookings made up to the time of termination have been processed;
17.2. the user shall fulfil all outstanding claims without delay;
17.3. the user is not entitled to any compensation claims against myroom24 due to the termination of the contract; and
17.4. subject to the provisions in these GTC and all other rights and obligations that arose prior to the termination of this platform contract, myroom24 and the user/guest are not further obligated to each other under this platform contract.
18. Exemption
The user indemnifies myroom24 from claims of third parties, in particular from claims due to copyright, trademark and personal rights violations as well as due to default of payment, insofar as these claims are based on breaches of contract or duty by the user. The claim for indemnification includes the reasonable costs of legal defence. The user is obliged to support myroom24 in the defence of third party claims at the expense of myroom24.
19. Limitation of liability
19.1. 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.
19.2. myroom24 is only liable for slight negligence in the case of:
19.2.1. Damage resulting from injury to life, limb or health;
19.2.2. 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").
19.3. Claims arising from a guarantee vis-à-vis the user and from the German Product Liability Act (ProdHaftG) remain unaffected by limitations of liability.
19.4. Accommodation providers are not vicarious agents of myroom24. Myroom24 is therefore not responsible for damages caused by or attributable to accommodation providers.
20. Data protection
The user can find information on data protection in the myroom24 data protection information, available at https://myroom24.com/de/datenschutz.
21. Dispute resolution
21.1. The general customer service of myroom24 is available to the user/guest for any complaints. The user/guest should contact this first before seeking help elsewhere.
21.2. Any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession ("consumer") and who resides in the European Union may access the European Commission's online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr. Myroom24 is neither willing nor obliged to participate in the online dispute resolution procedure of the European Union.
21.3. Myroom24 is neither willing nor obliged to participate in alternative dispute resolution proceedings before a national consumer arbitration board in order to settle legal disputes with consumers.
22. Other
22.1. The application of conflicting, deviating or supplementary general terms and conditions of business or contract of the user is excluded by myroom24 and the user subject to deviating agreements in individual cases.
22.2. 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 about the changed GTC and the change date on the website and by communication in text form (in particular by e-mail) to the user with a lead time of six (6) weeks. The user can object to the amended GTC within thirty (30) days of receipt of the notification by e-mail by clicking the corresponding button in the e-mail; myroom24 can terminate the platform contract in the event of an objection in accordance with Clause 16.5 GTC. If the user still books accommodation on the website after the expiry of the amendment date and expiry of the objection period, myroom24 will understand this as implied consent to the amendment of the GTC. Myroom24 will inform the user of any consequences of his behaviour in advance.
22.3. Changes which are not subject to section 22.2. GTC and in particular directly affect the contractual main performance obligations or in another way significantly influence the contractual structure require the express consent of the user to the subsequent amendment of these GTC. Myroom24 will inform the user about the changed AGB on the website and by communication in text form (in particular by email) with a lead time of six (6) weeks. The user can agree to or object to the amended GTC within thirty (30) days of receipt of the notification by clicking on the corresponding button. In all other respects Clause 16.5. of the GTC shall apply. Myroom24 will inform the user in advance of any consequences of his behaviour.
22.4. Neither the user nor myroom24 may transfer, assign or encumber their own obligations or claims from these GTC individually or in total without the prior written consent of the respective other.
22.5. It is clarified that only the German version of these GTC is the legally binding version of these GTC. Any translation into other languages is for the user's information only. In the event of contradictions or discrepancies between the German version and the version in another language, the German version shall prevail.
22.6. 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.
22.7. These GTC and 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 these GTC. The place of performance for all services provided by myroom24 is Berlin, Germany. If the user is a consumer resident in the European Union, the mandatory provisions of the consumer protection law of the EU member state in which the consumer is resident apply, insofar as these are more advantageous for the consumer than the provisions of the law of the Federal Republic of Germany.
22.8. For all disputes arising from or in connection with these GTC, the competent courts in Berlin / Federal Republic of Germany have exclusive jurisdiction. For all disputes arising from or in connection with these GTC between a consumer and myroom24, the consumer can proceed against myroom24 at his choice either before the courts of the EU Member State in whose territory myroom24 has its registered office or before the court of the place where the consumer is domiciled. Myroom24 can only take action against the consumer before the courts of the EU Member State in whose territory the consumer is domiciled.
22.9. The invalidity of individual provisions of 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 these GTC are incomplete.