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GENERAL TERMS AND CONDITIONS FOR USERS AND GUESTS

  1. General

    1. myroom24 GmbH (limited liability company with its 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, telephone number: +493083797983, "myroom24") provides the Website www.myroom24.com and its subpages ("Website") to entrepreneurs (natural persons, legal persons and partnerships with legal capacity) from the accommodation industry, who have Accommodation for rent for commercial purposes, ("Host") as an online platform, so that they can advertise rooms, flats and/or houses ("Accommodation") of their commercial Accommodation facility or commercial Accommodation facilities, e.g.B. hotel facilities, hostels, serviced apartments or holiday flats ("Accommodation Facilities" or individually "Accommodation Facility"), to 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 registered private and business Users of the Website ("Users") can search and compare the offers of different Hosts ("Listing") and conclude accommodation contracts with Hosts for Shortstays and Longstays ("Booking"). If a User concludes an Accommodation contract with an Host, he/she/it is the Host's "Guest" (the term "Guest" also stands for any fellow traveller) and can rate the Host and his Accommodation on the Website after the agreed Accommodation.

    2. These General Terms and Conditions for Users ("GTC") apply to the legal relationship of each User and myroom24 concerning the use of the Website and concerning the conclusion and processing services of myroom24 with regard to a Booking made via the Website ("Platform Contract").

    3. Unless otherwise stated in the data protection information of myroom24 (see Clause 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 current version at any time via the Website and download them as a PDF file.

  2. Subject of the Platform Contract

    1. The subject matter of the Platform Contract between the User and myroom24 are:

      1. provision of the Website by myroom24. Myroom24 offers Users

        the opportunity to search for, compare and book Accommodation from various Hosts via the Website and to publish reviews of the booked Accommodation and individual Hosts;

      2. conclusion and processing services by myroom24 in the event

        of a Booking, by enabling the User to conclude and process Bookings via the Website.

    2. The use of the Website and any service provided by myroom24 are free of charge. Only in the case of a Longstay Booking does the User have to pay a Service Fee within the meaning of Clause 6.6. GTC to myroom24.

  3. Conclusion of the Platform Contract by creating a guest account ("Registration")

    1. Only a natural person, who is at least eighteen (18) years old, a legal entity or its body or a partnership with legal capacity may create a guest account.

    2. To register, the User must enter his/her/its data (such as first name and surname, if applicable: company name, address, telephone number, email address, if applicable: VAT ID) truthfully and completely into the mask provided for this purpose on the Website.

    3. The User sets a password for Registration. The password used must be kept secret by the User. Only the User may use the Guest account. The User is entirely and solely responsible to keep the chosen password secret. If the User passes on the chosen password to a third party, any action of the third party 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 Clause 11. GTC).

  4. Before clicking on the button "Register now", the User is given the opportunity to check the details, the User has entered, correct them if necessary and verify them.

  5. By clicking on the button "Register now", the User completes the Registration. In doing so the User 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 Platform Contract to the User by email ("Confirmation Notice").

  6. 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.

  7. If the User recognises entry errors after Registration, the User must correct these immediately in the guest account.

  8. The User is obliged to maintain the guest account after Registration, in particular to update without delay his/her/its personal data in the guest account should these change.

  9. Myroom24 is not responsible for the User’s guest account, 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 context.

  10. The User is prohibited from registering more than once or from impersonating another person in order to be able to make a further registration.

  11. Listing of the Host

    1. On the Website, only the Hosts offer Accommodations for Booking to Users on the terms and conditions stated in the Listing (e.g. on the stated features of the Accommodation, if any: age restrictions, the Host’s general terms and conditions, cancellation conditions or payment rates).

    2. Myroom24 is neither a provider of Accommodations nor a provider of other related services of the Host. Myroom24 acts solely as an intermediary between the Host and the User/Guest.

    3. The information published about an Accommodation is provided solely by the Host. It is the responsibility of the Host to ensure that all information, in particular the stated Accommodation fee ("Booking Price") including any applicable taxes, duties and charges, if required: the Security Deposit, availability and its general terms and conditions, are always truthful, up to date, complete and not misleading.

    4. The information provided in relation to the Host or Accommodation on the Website does not constitute a recommendation, assessment or confirmation by myroom24 (in particular with regard to the quality, level of service, eligibility to run an Accommodation business, classification (stars) or type of Accommodation of a Host), unless explicitly stated otherwise. Myroom24 is not a personal guarantor of the information provided via the Website about the Accommodation and the Host and does not guarantee the Host’s seriousness and the successful and flawless fulfilment of the Booking.

    5. The Host shall mark any special offers, discounts or promotions in the Listings .

    6. The Listings of the Hosts are not binding. They are solely an invitation to submit a binding offer under the conditions specified by the Host ("invitatio ad offerendum"). A binding offer to conclude a Booking only arises under the conditions of Clause 5.2. GTC.

    7. The Host determines in a 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 5.7. GTC ("Booking Request"). In the case of an Immediate Booking, the published Listing appears with a mark in the form of a green thunderbolt.

    8. Since the conditions, in particular the cancellation conditions, may differ for the individual Accommodations, even if they are offered by the same Host, the User must carefully check the conditions stated by the Host in the Listing before making a Booking. If a Booking is made, the User is bound by the conditions stated by the Host. The User cannot plead that he/she/it was not aware of the conditions stated by the Host.

    9. Obvious errors or mistakes (e.g. an obvious typing errors) in the Listing are not binding. Guests cannot derive any rights from this, in particular they cannot rely on the lower Booking Price.

  12. Booking

    1. The User must register on the Website in order to be able to book Accommodations via the Website. Users without a guest account can initiate the process of Booking 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.

    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 the conditions as described in the Listing and the details entered in the search mask. To do so, the User presses the button "book with obligation to pay".

    4. Myroom24 shall confirm receipt of the order to the User/Guest without delay.

    5. By sending the binding acceptance, the User/Guest transmits his/her/its personal data relevant for the processing of the Booking to the Host. Myroom24 is not responsible for the accuracy and completeness of the data transmitted by the User/Guest.

    6. With the acceptance of a binding offer and payment of the Booking Price - in full for Shortstay Bookings and pro rata for Longstay Bookings - a Booking is made solely between the Host and the User/Guest. Myroom24 is in no way involved in the Booking or the underlying contractual relationship as a contractual partner. Myroom24 does not provide any guarantee or warranty with regard to the listed Accommodation, its facilities or quality.

    7. Listings that are not marked as Immediate Bookings and are therefore Booking Requests constitute binding offers by the Host to conclude a Booking under the condition precedent of immediate payment in the course of Booking by the Guest. If the User accepts such a binding offer by pressing the button "book with obligation to pay", the Host shall confirm or reject the Booking within twenty-four (24) hours. If the Host rejects the Booking or allows the twenty-four (24) hours to elapse without reacting, this shall be tantamount to cancelling the Booking (see Clause 8. GTC).

    8. As soon as the Guest has paid the Booking Price - in full in the case of Shortstay Bookings and pro rata in the case of Longstay Bookings - and, if applicable, the Host has confirmed the Booking in the case of a Booking enquiry, myroom24 informs the Host and the User in text form about the successful Booking ("Booking Confirmation").

  13. Booking Price

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

    2. The Booking Price is displayed to the User in the Listing including all taxes, duties and other price components plus all fees for the entire booked duration of the stay (“Booking Period”) as the final price in Euros.

    3. The Booking Price is provided exclusively by the Host. The taxes, fees and other charges that apply to Accommodation are subject to the respective local regulations.

    4. The Host 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 Host shall indicate such a Security Deposit separately in the Listing if it requires a Security Deposit from the Guest.

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

    6. In the case of a Longstay 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 month ("Service Fee"). Myroom24 shows the Service Fee separately before the User can make a Booking.

    7. Myroom24 is entitled to charge the Guest further fees, such as an Administration Fee for Longstay Bookings. These possible additional fees will be shown separately by myroom24 before the Booking is completed.

    8. Hosts may offer their Accommodation at particularly favourable Booking Prices. These Booking Prices set by the Hosts 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, the Guest is bound by the conditions stated by the Host in the Listing. The Guest may not invoke the fact that he/she/it has not been informed of these conditions. The Guest cannot claim that he/she/it was not aware of the conditions that the Host stated in the Listing .

  14. Payment of the Booking Price; means of payment

    1. 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 and is to be paid by the Guest to myroom24 in Euros within the framework of the Booking process. In the case of Longstay Bookings, the remaining Booking Price is due pro rata on the first day of each month or part thereof of the Booking Period extending beyond the first month and is to be paid by the Guest to myroom24 in Euros on this due date at the latest.

    2. Myroom24 is entitled to receive or collect payment of the Booking Price and pay it to the Host.

    3. The fees charged by myroom24 are due immediately upon Booking (e.g. the Service Fee for the first booked month in the case of Longstay Bookings) or at a later date (e.g. on the first day of each month or part thereof of the Booking Period extending beyond the first month in the case of Longstay Bookings) and are to be paid by the Guest to myroom24 in Euros on the due date in each case. Myroom24 will issue invoices to the Guest, if applicable, in respect of the fees it charges, e.g. the Service Fee, at the beginning of each Booking Period. Myroom24 is neither entitled nor obliged to issue invoices to the Guest for the use of Accommodation or other services of the Host.

    4. The following means of payment are available to the Guest:

      1. Credit card (VISA, American Express or Mastercard);

      2. Paypal;

      3. ApplePay; and

      4. GooglePay.

    5. If the Guest selects a means of payment for which myroom24 must collect the receivables to be paid from the Guest’s bank account, the Guest simultaneously gives consent with the selection of the means of payment for myroom24 to collect any receivables from the Guest's account.

    6. 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/its bank account from which the Booking Price is to be collected.

    7. In the Booking confirmation, myroom24 confirms to the Guest the successful receipt of payment of the a) Booking Price paid in full in the case of Shortstay Bookings or b) pro rata Booking Price paid in the case of Longstay Bookings.

    8. Myroom24 is not responsible for the (timely) payment of the Booking Price by the Guest. The Guest alone is responsible for timely payment.

    9. In case of a Longstay Booking, myroom24 tries to collect the pro rata Booking Price max. four (4) times before the beginning of a new month . If the collection fails four (4) times, myroom24 informs the Guest and requests to check the payment method deposited in the guest account and to deposit another payment method if necessary.

    10. If the attempt to collect the Booking Price finally fails or the Guest otherwise defaults on payment – whether in total or pro rata –, myroom24 will inform the Host. The Host will cancel the Booking immediately. The Guest may no longer check in with the Host or must check out and depart immediately.

    11. In the event of late payment by the Guest, the Host shall deduct the amount owed from any Security Deposit requested and retain it. If the Host cannot fully satisfy itself from the retained Security Deposit or if it has not requested a Security Deposit from the Guest, it must invoice the Guest for the amount still owed and inform myroom24. The Host instructs and authorises myroom24 to take all measures expedient for the extrajudicial collection of the debt. Myroom24 is entitled to accept payment of the amount owed. As far as the extrajudicial efforts of myroom24 remain unsuccessful, it is instructed by the Host and entitled to assert the claims judicially and to collect them by way of compulsory enforcement. Myroom24 is entitled to instruct a collection agency with the debt collection at the expense of the Guest. The claim to payment of a commission remains unaffected by this.

  15. Cancellation conditions

    1. The Guest may cancel the Booking solely in accordance with the cancellation conditions stated in the Listing.

    2. The Host shall specify the cancellation conditions under which the Guest may cancel the Booking in the specific Listing. For this purpose, the Host selects one of the following categories for cancellation conditions:

      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: "cancellation conditions 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 total.

        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 or not.

      2. Moderate cancellation conditions:

        1. If the Guest cancels their Booking no later than

          twenty-four (24) hours before the check-in date, myroom24 will refund the Booking Price in total.

        2. If the Guest cancels his/her 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 or not.

      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 total.

        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. The Guest will be refunded fifty (50) percent of the Booking Price by myroom24.

        3. If the Guest cancels the 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 total – regardless of whether the Guest has already moved into the Accommodation at the time of cancellation or not.

      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.

        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. The Guest will be refunded fifty (50) percent of the Booking Price by myroom24.

        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 or not.

      5. Cancellation policy for Longstay Bookings:

        1. If the Guest cancels the Booking within

          forty-eight (48) hours of receipt of the Booking Confirmation and at least twenty-eight (28) days before the check-in date, myroom24 will refund the Booking Price and the Service Fee in total.

        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 the payment of the Booking Price in total for all nights made plus a further thirty (30) nights and myroom24 the payment of the Service Fee.

        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 and myroom24 payment of the Service Fee.

      6. Non-refundable cancellation 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 or not.

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

          applies:

          1. The Host shall specify in the Listing whether it

            will refund the Guest the first partial payment of the Booking Price in the event of cancellation. The payment of the Service Fee is independent of this.

          2. In all other respects, the cancellation conditions

            for Longstay Bookings apply in accordance with Clause 8.3.5. 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. Additional costs, in particular a cancellation fee, do not apply.

    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 delay in payment of the Booking Price by the

        Guest;

      5. violations by the Guest of the house rules in force at the

        respective Host (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. oncompleteness of the Guest's profile that makes the Host

        doubt the Guest's seriousness;

      8. offensive or inappropriate messages to the Host via the chat

        function of the Website;

      9. insolvency or closure of the Host;

      10. 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);

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

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

      12. unforeseeable damage to the Accommodation or unforeseeable,

        not insignificant restrictions on the usability of the Accommodation.

    7. Myroom24 may be instructed and authorised by the Host to cancel Bookings in its name and on its behalf and to arrange appropriate refunds and payouts.

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

      1. the total Booking Price and the Service Fee if the Host or

        myroom24 cancels the Booking before the Guest's check-in date;

      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, 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.

  16. Further obligations of the User or Guest

    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.

    2. The User is prohibited from booking Accommodations found through the use of the Website – regardless whether on site, through the Host's own websites, by email, fax, telephone, social media, apps or any similar means of communication.

    3. The Guest must inform the Host immediately should he/she/it arrive late on the check-in date or arrive on a day after the check-in date.

    4. The Guest may not sublet Accommodation to third parties or let it in any other way or use it commercially.

  17. Website availability

    1. Myroom24 endeavours to offer availability of the Website within the scope of what is technically possible and economically reasonable.

    2. Myroom24 does not guarantee or warrant the Website’s permanent accessibility. In particular, e.g. maintenance work, security and capacity reasons, technical circumstances as well as events outside the sphere of influence of myroom24 may lead to the Website being temporarily or permanently unavailable.

    3. Myroom24 reserves the right to restrict access to the Website at any time and as necessary, e.g. to carry out maintenance work.

  18. General customer service

    1. Myroom24 offers a general customer service for Users and Guests.

    2. 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. It 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. Such complaints should be addressed exclusively to the Host.

    3. When contacting myroom24 by email, the Guest shall send the Booking Confirmation or the number of the Booking Confirmation in order to enable a quick processing of the request.

    4. General customer service is available to Users and Guests as follows:

      1. via contact form: around the clock;

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

      3. by email info@myroom24.com: around the clock;

      4. via hotline +49 30 83797983:

        Mon.-Fri. 10am to 7pm.

  19. Reviews

    1. A Guest may rate the booked Accommodation and/or the Host after the Booking Period. A Guest who was only a fellow traveller cannot review the Accommodation and/or the Host.

    2. Myroom24 sends the Guest a review invitation by email.

    3. Reviews of a Host and/or the booked Accommodation may only be submitted by a Guest who is not also the Host, a participant in the Host's business or an employee or agent of the Host. The reviewing Guest may also not be in a competitive or family relationship with the Host.

    4. The Guest is obliged to provide only truthful information in the reviews submitted. The reviews submitted by the Guest may not contain any abusive content. In particular, the Guest is prohibited from submitting reviews,

      1. which are offensive, indecent, pornographic, against the

        constitution, racist and/or discriminatory;

      2. which violate third party’s rights, in particular copyright

        or general personal rights, or applicable law;

      3. which are misleading;

      4. which are exclusively intended to serve own or third party’s

        advertising purposes as well as other commercial purposes directly or indirectly;

      5. which advocate, promote or incite violent, offensive,

        threatening, harassing or criminal activities;

      6. which contain own or third-party’s trademarks, designs,

        logos, links to own or third-party’s websites;

      7. which have no connection with the actual Booking of the

        Guest or which only serve the purpose of manipulating the rating system;

      8. containing another person’s or company’s confidential

        information;

      9. contain malware or a link to malware;

      10. if the Guest has been promised a benefit in return by the

        Host (e.g. payment, special offers, discounts, vouchers, extra services or similar); or

      11. which the Guest only makes out of fear of any kind of

        disadvantages (e.g. Host threatens Guest).

    5. The Guest is obligated to immediately notify myroom24 of the cases withing the meaning of Clause 12.4.10. GTC and Clause 12.4.11. GTC via the general customer service (see Clause 11. GTC).

    6. Hosts have the opportunity to respond to reviews submitted by a Guest.

    7. The Guest assures and warrants that if he/she/it includes photos and/or videos for the review, the Guest holds the any rights for their reproduction, publication and communication to public. If persons are to be seen on the photos and/or videos, the Guest assures and warrants that he/she/it has the consent of the person or persons depicted that is necessary for the reproduction, publication and communication to public.

    8. The Guest grants myroom24 the non-exclusive, temporally, locally and objectively unrestricted, free of charge, transferable and sub-licensable right to reproduce, publish, edit and communicate to public the contents of the reviews, in particular the photos and/or videos.

    9. The granting of the rights of use pursuant with Clause 12.8. 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.

    10. The reviews only reflect the Guest’s personal opinion at a specific point in time. Myroom24 expressly does not adopt this opinion as its own.

    11. Myroom24 does not check the accuracy or legality of the content of the review submitted prior to publication. Myroom24 is therefore not responsible for the correctness or legality of the review submitted in each case.

    12. If myroom24 is informed by a Host, a User/Guest or a third party that a review would violate Clause 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 Clause 12.4. GTC.

    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.

  20. Advertising measures

    1. When registering for a guest account, the User can expressly consent to receiving advertising emails (e.g. review invitations).

    2. The User can object to receiving advertising emails at any time by sending an email to myroom24 info@myroom24.com, without incurring any costs other than the transmission costs according to the basic rates.

  21. Ranking

    1. Myroom24 is entitled to rank the listed Accommodations 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 a Host, unless explicitly stated otherwise.

    3. Myroom24 makes the provisions for ranking Accommodation available in the Help Centre for Hosts and Users.

  22. Rights of use

    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.

    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.

  23. Term and termination

    1. The Platform Contract is concluded for an indefinite period. It shall apply from receipt of the Confirmation Notice.

    2. The User may terminate the Platform Contract at any time without notice. The User terminates the Platform Contract by pressing the button "Delete guest account" in the guest account*.* Myroom24 confirms to the User by email 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.

    3. Myroom24 can terminate the Platform Contract with a notice period of fourteen (14) days to the end of a month without giving reasons. If an active Booking still exists, myroom24 can only terminate after the end of the Booking Period with a notice period of fourteen (14) days to the end of a month without giving reasons.

    4. Without prejudice to Clause 16.3. GTC and without prejudice to other rights of myroom24, myroom24 is entitled to terminate the platform agreement in whole or in part in writing without observing a period of notice if the User:

      1. breaches any of its obligations under these GTC on several

        occasions;

      2. violates the applicable law several times;

      3. infringes third parties’ rights;

      4. is in default of payment;

      5. directly or indirectly damages the reputation and image of

        myroom24; or

      6. jeopardises the security or property of myroom24, the Host

        or other third parties (e.g. in the event of fraudulent behaviour on the part of the User).

    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 the event of an objection pursuant to Clause 22.2. GTC or Clause 22.3. GTC with a notice period of two (2) weeks to the end of the month.

    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 the Platform Contract in the event of a case pursuant to Clause 16.4. GTC. The same applies in the event of a one-off breach of these GTC.

  24. Consequences in the event of termination

In the event of termination of the Platform Contract, the following shall apply:

  1. myroom24 will delete the relevant guest account immediately after termination, provided that there are no active Bookings left, otherwise myroom24 will delete the relevant guest account after completion of all Bookings;

  2. the User shall fulfil all outstanding claims without delay;

  3. the User is not entitled to any compensation claims against myroom24 due to the termination of the Platform Contract; and

  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 shall have no further obligations to each other under this Platform Contract.

  5. Indemnification

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 the Platform Contract/these GTC 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.

  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 a guarantee given to the User and from the Product Liability Act (ProdHaftG) remain unaffected.

    4. Hosts are not vicarious agents of myroom24. Myroom24 is therefore not responsible for damages caused by or attributable to Hosts.

  2. Data protection

The User can find information on data protection in the myroom24 data protection information, available at https://myroom24.com/privacy-policy.

  1. Dispute resolution

    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.

    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.

    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.

  2. Miscellaneous

    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.

    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 on the Website and by communication by email to the User with a lead time of six (6) weeks. The User may object to the amended GTC within thirty (30) days of receipt of the notification by email by clicking the corresponding button in the email. In all other respects, Clause 16.5. GTC shall apply. If the User still books Accommodation on the Website after expiry of the lead time and expiry of the objection period, myroom24 will understand this as implied consent to the amendment of the GTC. Myroom24 will inform the User in advance of any consequences of his/her/its behaviour in the email.

    3. Changes, which do not fall under Clause 22.2. GTC and in particular directly affect the main contractual performance obligations or otherwise 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 GTC on the Website and by communication by email with a lead time of six (6) weeks. The User can agree 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. In all other respects Clause 16.5. GTC shall apply. Myroom24 will inform the User in advance of any consequences of his/her/its behaviour in the email.

    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.

    5. It is clarified that these GTC consist only of the English version. Any translation into other languages is for the User's information only. In the event of contradictions or discrepancies between the English version and the version in another language, the English version shall prevail.

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

    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.

    8. For all disputes arising from or in connection with these GTC, the courts of the Federal State of Berlin have exclusive jurisdiction. For all disputes arising from or in connection with these GTC between a Consumer and myroom24, the Consumer can take action against myroom24 at his/her 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.

    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 that 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.