1. Definitions
Provider: All Providers and operators of Serviced Apartments and overnight accommodation services who make their offer available via the Acomodeo online platform (“online platform”).
Serviced Apartments: The accommodations provided by the Providers for the guest / guests brokered by Acomodeo.
Registered user: Legal or natural entities that can book – for themselves or for third parties - via Acomodeo. Only a registered business user is given access to the confidential special rates the Provider stores at Acomodeo.
Unregistered user: All legal and natural entities who use the platform without prior registration.
Client: Registered and unregistered users who make a booking and in whose name a booking is executed with the Provider.
Guest: Registered and unregistered users as well as third parties named as guest in a booking.
2. Scope of Application
2.1 These Terms of Use apply to all users of the Acomodeo platform provided by Acomodeo UG ("Acomodeo"), in particular to agreements whose subject matter is the intermediation of offers of overnight accommodation in Serviced Apartments. No other business conditions shall apply to this contract, even if Acomodeo does not contradict such other business conditions, or renders its services to the Client in knowledge of these other conditions without reservation. These Terms of Use shall apply both to consumers and to entrepreneurs.
2.2 Pursuant to Section 13 of the German Civil Code (“Bürgerliches Gesetzbuch” / “BGB”), a consumer is any natural entity who enters into a legal transaction for purposes that predominantly can be ascribed neither to their commercial business activity nor to their self-employed occupation.
2.3 Pursuant to Section 14 of the German Civil Code, an entrepreneur is any natural or legal entity or legal partnership which by entering into a legal transaction is exercising its commercial or self-employed occupation.
2.4 Even if during on-going business relationships these Terms of Use are not expressly referred to when concluding similar contracts, the Terms of Use of Acomodeo in their respective current version accessible under www.acomodeo.com apply exclusively, unless otherwise agreed in text form by the contracting parties.
3. Services provided by Acomodeo
3.1 Acomodeo provides an online platform, which allows Providers of professionally-managed Serviced Apartments to offer their accommodations to be booked for a temporary stay, and which gives users of this platform the opportunity to search for suitable accommodation and to book these directly with the Provider. Furthermore, a specific button is provided to give users the opportunity to make individual enquiries.
3.2 In this process, Acomodeo does not act as Provider, but merely acts as intermediary for the offers placed by the Provider. Thus, a contractual relationship is established directly and only with the respective Provider.
3.3 The online platform as well as the underlying database must only be used as provided for by Acomodeo.
3.4 It is prohibited:
(a) to circumvent or disable functions (e.g. search masks) of the online platform or perform any actions which may impair the operability of the Acomodeo online platform, in particular to perform actions which may result in an overload of the infrastructure of the Acomodeo online platform.
(b) to block, overwrite or modify any contents generated by Acomodeo.
(c) to employ any automated functions (e.g. algorithms, machines) for the booking.
3.5 Furthermore, it is prohibited:
(a) to act fraudulently.
(b) to distribute, initiate or promote spam, letter chains or pyramid schemes.
(c) to collect or otherwise access and store other users' information, in particular email addresses, without their prior permission.
(d) to distribute or otherwise make available viruses or other malicious software that could compromise or cause harm to the Acomodeo online platform or other users' computer systems.
3.6 For the user, the use of the website is free-of-charge.
4. Intellectual Property
All contents (such as texts, pictures and graphics etc.) presented on this online platform are the intellectual property of Acomodeo / the Providers or they have the respective rights of use of the contents. It is forbidden to copy, disseminate, make otherwise publicly available or transform these contents without consent of the respective owners of these rights. The use of these contents is not permitted without prior consent in text form by Acomodeo or the Providers.
5. Registration / Setting-up of a Client Account
5.1 Users can set-up a client account by registering for the online platform. The user can register by entering the information requested completely and correctly in the registration form, accepting these Terms of Use and clicking the "Register" button. To complete registration, the user is then requested to click the confirmation link provided in an email sent by Acomodeo. The user then creates a password in accordance with Acomodeo's password construction guidelines.
5.2 The user can review his information entered during the registration process at any time. He can correct entries directly in the respective fields.
5.3 Once the registration is complete, Acomodeo opens a client account for the user.
5.4 It is the Client's responsibility to protect his user name and his password from unauthorized access and use by third persons. The Client is obliged to inform Acomodeo without delay whenever there are indications of a misuse of the data by third persons. In this case, Acomodeo shall be entitled to block access to the Client's account. Acomodeo will never ask the Client for his password by email or on the phone.
5.5 The Client is liable for all activities which are performed using his account. This does not apply in case of misuse provided that the Client is not responsible for the misuse.
6. Offer and Conclusion of Contract, Information on the Steps of the Booking Process
6.1 All Serviced Apartments and overnight accommodation services Acomodeo presents on its website constitute a binding offer by the Provider to the Client. The Client accepts the offer made by the Provider by submitting his booking.
6.2 The Provider named in connection with the accommodation offered via intermediation, whose contact data is given in the booking confirmation, will be the exclusive contractual partner. The Client will pay to the Provider the accommodation price confirmed by Acomodeo in the course of the booking. Any and all claims and obligations arising from the contractual relationship with the Provider exist directly and exclusively between the Client and the Provider of the accommodation.
6.3 The information Acomodeo uses for the description of the respective offer is based on the information supplied by the Providers of the accommodation. The Providers of the accommodation have access to the information stored in the Acomodeo booking portal via a direct interface and/or the Acomodeo Extranet (AMS), and are solely responsible for keeping prices, availability and other information up-to-date.
6.4 The booking via the Acomodeo online platform generally requires five steps. As a first step (search), the Client can search the database, select the desired accommodation and have the information displayed in detail. As a second step, he can select the accommodation rate offered to him after having stated the travel period as well as the number of guests. The accommodation rates will be shown together with the respective cancellation, payment and booking conditions of the Provider. As a third step he can continue the booking by entering the client and/or invoice data, and as a fourth step he can double-check and correct, if necessary, all data (e.g. name, address, method of payment, selected accommodation, rate, payment & cancellation conditions) in a booking summary. Before submitting the booking, the Client is provided with the General Terms and Conditions of the respective Provider. By entering the means of payment below the booking summary and clicking on ' Book now for [Total Price]‘, the booking is submitted to Acomodeo and executed. In case of a successful booking, the requested booking is confirmed as a fifth step. This confirmation is sent to the email address of the Client entered during the booking process.
7. Storage of the Contract Text, Costs Related to the Conclusion of the Contract, Languages, Availability of the General Terms and Conditions of the Provider
7.1 Acomodeo stores the contract text (booking details) and sends the booking details to the Client by email. Following submission of his order, the Client can access the contract text via the www.acomodeo.com website using his booking and/or login data.
7.2 The e-mail sent to the email address entered by the Client also includes the General Terms and Conditions of the respective Provider. The Client can also access and print the General Terms and Conditions of the respective Provider at any time via www.acomodeo.com.
7.3 No further costs other than the costs for the mere use of telecommunication means used for the conclusion of the contract will be incurred.
7.4 The Client can conclude the contract in the following languages: German, English.
8. Prices, Conditions of Payment
8.1 All prices are stated in the currency that the Service Apartments and accommodation services shall be paid in. For information purposes, the respective amount is displayed in a standard currency, converted at the current rate of exchange at the given time.
8.2 The offers of Serviced Apartments and overnight accommodation services brokered by Acomodeo can be quoted at daily, weekly and monthly rates. The prices specified by the Providers are subject to different conditions, for example, with respect to cancellation and the reimbursement of payments already made. It is the responsibility of the Client to check the conditions underlying his booking before he completes the booking. Registered business customers are offered specifically negotiated special rates, which are only available to and bookable by registered users.
8.3 The Providers accept one or several of the following methods of payment: immediate transfer, PayPal, advance payment, payment by credit card or upon invoicing. The methods of payment accepted for a specific offer are determined by the respective Provider. In addition, the respective Provider can reserve the right to accept payment by credit card subject to a prior positive credit check only. Payment upon invoicing is only available for selected users.
8.4 Payment is due at different points in time, in accordance with the payment conditions stated for the selected rate. The following modes exist:
- Full payment: Payment is due at the time of booking.
- Part payment: A down payment is due at the time of booking.
- Provision of valid credit card details: payment is due at the time of booking; however, the credit card or other payment method will be debited upon check-in or check-out at the respective accommodation only. In the case of cancellations or no-shows, in accordance with the cancellation conditions, the quarantee credit card can be charged.
- Booking without down payment or provision of credit card details: payment is due at the time of booking; however, it will be made upon check-in or check-out at the respective accommodation only.
Further payment options based on the Master Agreement with Acomodeo: Clients may agree individual conditions of payment with Acomodeo. Payment will then be made in accordance with the means of payment / points in time as agreed in the contract.
8.5 In case the payment option “upon invoicing” is selected, Acomodeo provides the Client with the bank details in the booking confirmation. The invoice amount is to be transferred to the designated account within 14 days after conclusion of the contract.
8.6 For certain (non-refundable) prices or offers, immediate payment by bank transfer (if time permits) or by credit card at the time of booking is required, thus a pre-authorisation or debiting of the credit card specified by the Client may be required. In each case, it is the responsibility of the Client to verify prior to his booking whether the requested booking is subject to this condition.
8.7 Any retransfer costs charged by the banks for retransfers due to Client error will be borne by the Client.
9. Cancellations
9.1 By making a booking, the Client accepts the conditions of the Provider with regard to cancellations and no-show, as well as the remaining General Terms and Conditions of the Provider of the accommodation. During the booking process, as well as in the confirmation email, these General Terms and Conditions of the Provider are specified. It is possible that certain prices or offers are excluded from cancellation or changes. It is the Client’s responsibility to carefully verify the conditions prior to booking.
9.2 In general, changes made prior to the expiration of the cancellation period as stated in the Provider’s General Terms and Conditions are free of charge. The Client is responsible to inform himself on the Provider’s cancellation periods. Following the expiry of the cancellation period, cancellation fees are generally incurred, which are also referred to in the Provider’s General Terms and Conditions.
9.3 The Client must cancel or change the booking via the online platform or the Acomodeo Call Centre. Effective cancellations in due time can only be made via the tab My account > My bookings; by clicking on the direct link provided in the booking confirmation, on the Acomodeo online platform itself, or by telephone call to the Call Centre (+49-69-400 500 30) during service hours, or by email to support@acomodeo.com until 24 hours prior to the end of the cancellation period at the latest.
9.4 In the case of a cancellation, a cancellation number is assigned. This number also serves as proof of the cancellation and therefore must be kept in any case.
10. Classification of the Serviced Apartments
Before being placed on the Acomodeo online platform, each accommodation is classified according to the categories “Economy“, “Business“ and “First Class“. These three categories serve classification purposes only, and shall assist each user in finding a suitable accommodation for himself. This classification of the accommodations is based on a system developed by Acomodeo based on various features and services that the Provider specifies officially. There is no additional verification by Acomodeo of the features specified for an accommodation.
11. Guest Reviews
11.1 After check-out, the Client is given the opportunity to give his feedback on the accommodation. For this purpose the Client receives an automatically-generated email including a link to a specific review site. The Client only receives this email if he has explicitly agreed to the receipt of an email for this purpose in the course of the booking process. Using this link, the Client can enter his rating of the accommodation. By submitting his feedback, the Client also agrees to the fact that all elements of his rating, following verification by Acomodeo, will be published anonymously, or with his name if so requested. The guest review may:
(a) be displayed on the respective information site for the accommodation on the Acomodeo online platform. This rating exclusively serves to inform (prospective) clients regarding the service and the (overall) quality of the accommodation.
(b) be used, at the discretion of Acomodeo, (wholly or in parts) (for marketing and/or promotional purposes, or for improving the service), on the websites or Social Media platforms operated by Acomodeo, in their newsletter, for offers, apps and on other sales channels managed, used or controlled by Acomodeo.
11.2 Postings that violate the right of personality, demonstrate anti-competitive behaviour, show extreme right-wing tendencies, glorify violence or weapons, contain child pornography or are otherwise illegal are prohibited. The Client must refrain from any promotional statements in favour of own or third-party products in his feedback. Upon first request, the Client will indemnify Acomodeo from all claims Acomodeo may be exposed to as a consequence of ratings made by the Client, which are not in conformity with the law. In particular, Acomodeo is granted the right to (partially) delete ratings made by the Client, provided there is sufficient indication for a violation of law.
12. No Right of Revocation for Consumers pursuant to Section 13 of the German Civil Code
If the subject matter of the contract consists of accommodation services exclusively, pursuant to Article 312g (1), no. 9 of the German Civil Code, there is no statutory right for consumers to revoke the contract concluded with the Provider. However, the Provider is free to grant the Client a contractual right of revocation on a case-by-case basis.
13. Liability Limitation
13.1 Acomodeo shall be liable without limitation in case of intent or gross negligence, as well as in the absence of a guaranteed feature and in accordance with the German Product Liability Act (“Produkthaftungsgesetz” / “ProdHaftG”) for all damages resulting thereof.
13.2 In the event of simple negligence, Acomodeo shall be liable without limitation in case of damage to life, body, or health. In case Acomodeo is in arrears with its service due to simple negligence, or the performance becomes impossible, or Acomodeo violates a material obligation, the liability for resulting damages to property and financial losses will be limited to typical foreseeable damages with this type of contract. A material obligation is defined as one the fulfilment of which is absolutely necessary for the proper performance of the contract, the infringement of which endangers the contract purpose, and the compliance of which the client may regularly rely on.
13.3 The liability for all other damages is excluded.
14. Reservation of Title, Setoff, Right of Retention
14.1 The Client shall only be entitled to offset his claims under the condition that his counter-claims are legally established as final and absolute, or are explicitly recognised in writing by Acomodeo.
14.2 The Client can exercise a right of retention only if the claims result from the same contractual relationship.
15. Termination of the User Contract
15.1 The Client has the right to terminate the user contract at any time without stating reasons and without prior notice to Acomodeo.
15.2 Acomodeo has the right to terminate the user contract at any time without stating reasons and by serving one month's notice to the end of the month.
15.3 Both Parties' right of extraordinary termination shall remain unaffected.
15.4 Termination notices must be in text form to be effective.
16. Severability, Applicable Law, Place of Jurisdiction, Alternative Dispute Resolution
16.1 In the event individual provisions of these Terms of Use are invalid, the validity of the other provisions shall remain unaffected. In this case, the invalid provision shall be replaced by the applicable statutory regulations. Any gaps shall be filled by supplementary interpretation of the contract.
16.2 In general, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law shall only apply to the extent the consumer is not deprived of his standard legal rights in his country of residence or usual domicile. Thus, these compulsory provisions also apply.
16.3 The place of jurisdiction for any disputes arising from or related to these Terms of Use and the use of the services offered by Acomodeo is Frankfurt am Main/Germany for registered traders and for any individuals who have no general place of jurisdiction within the Federal Republic of Germany. This does not apply to legal actions against consumers in terms of § 13 of the German Civil Code who have their residence or usual domicile in an EU country.
The European Commission launched an internet platform for the online resolution of disputes between traders and consumers (ODR platform). This platform can be accessed via https://ec.europa.eu/consumers/odr/. Acomodeo is not obliged to take part in alternative dispute resolution procedures provided by a consumer arbitration board and does not do so at present.
17. Changes to these Terms and Conditions
Acomodeo reserves the right to make changes to these terms and conditions of use in particular as a result of a change in the legal situation or supreme Court, market conditions or similar circumstances. The customer will be notified of changes to these Terms of Use in text form at least two months before they come into effect, whereby the respective changes will be highlighted. The changes shall be deemed to have been approved by the customer if the customer does not object to these changes within a period of one month. Acomodeo will inform the customer at the beginning of that period to the consequences of his actions.
