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TERMS AND CONDITIONS FOR CUSTOMERS - ARCHIVE VERSION 1

Version 1: 28/08/2015 - 19/10/2017

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§1 Definitions

Acomodeo: Within the scope of distribution, marketing as well as the execution of bookings, Acomodeo acts as intermediary of Serviced Apartments and overnight accommodation services offered by the Providers on the Acomodeo platform.

Provider: All Providers and operators of Serviced Apartments and overnight accommodation services who make their offer available to the Acomodeo online platform.

Serviced Apartments: The accommodations provided by the Providers for the guest / guests and to be booked via Acomodeo.

Registered user: Legal or natural entities that can book – for themselves or for third parties - by using Acomodeo. Only a registered business user is given access to the confidential special rates the Provider stores in Acomodeo.

Unregistered user: All legal und natural entities who use the platform without prior registration.

Client: Registered and unregistered users making 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 Validity

(1) These General Terms and Conditions apply to all agreements concluded with Acomodeo UG, in particular to agreements whose subject matter is the provision of overnight accommodation in Serviced Apartments. No other business conditions will become the subject matter of the agreement, even if Acomodeo UG does not contradict such other business conditions, or renders its services to the Client without reservation in knowledge of these other conditions. These General Terms and Conditions shall apply both to consumers and to entrepreneurs.

(2) Pursuant to Article 13 German Civil Code (BGB), a consumer is any natural entity who enters into legal business mainly for purposes that can be ascribed neither to their commercial business activity nor to their self-employed occupation.

(3) Pursuant to Article 14 German Civil Code, an entrepreneur is any natural or legal entity or legal partnership which by entering into legal business is exercising its commercial or self-employed occupation.

(4) Even if these General Terms and Conditions are not expressly referred to when concluding similar contracts in on-going business relationships, the General Terms and Conditions of Acomodeo UG in its version accessible under (…) at the time when the order is placed apply exclusively, unless otherwise agreed in writing by the contracting parties. Upon request, a printed copy of the respective current version of the General Terms and Conditions will be sent to the Client free of charge.

§3 Services provided by Acomodeo UG

(1) Through this website, Acomodeo provides an online platform, which allows the Providers of professionally managed Serviced Apartments to offer their accommodations to be booked for a temporary stay, and by which the users of this website are given the opportunity to search for suitable accommodation and to book these directly with the Provider.

(2) In this process, Acomodeo does not act as Provider, but merely acts as intermediary for the offers presented by the Provider. Thus, a contractual relationship is concluded directly with the respective Provider. Articles 164 et seq. German Civil Code (BGB) shall apply.

(3) The services of Acomodeo UG, contents of the website, software and the like must not be redistributed. In particular, it is prohibited to pass on rooms booked via Acomodeo against payment, unless this is explicitly agreed with Acomodeo UG in writing. Furthermore, the services of Acomodeo UG, contents of the website, software and the like must not be linked to sub sites of websites, duplicated, extracted (e.g. with Spider, Scrape), republished, or otherwise used except for the Client’s own use (in case of representation: use by the represented person) of the services, contents and software.

§4 Offer and Conclusion of Contract, Information on the Steps of the Ordering Process

(1) All services Acomodeo UG presents on its websites constitute an offer to the Client. The Client accepts the offer by his booking.

(2) The Provider named in connection with the accommodation offered, 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.

(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, and are solely responsible for keeping prices, availability and other information up-to-date.

(4) The ordering process via the online shop of Acomodeo UG generally comprises five steps in total. In the first step (search), the Client can search the database, select his desired accommodation and have the information displayed in detail. In the second step, he can select the price offered to him after having stated the travel period as well as the number of guests. The rates for the stay will be shown together with the respective cancellation, payment and booking conditions. In the third step he can continue the booking by entering the client and/or invoice data, and in the fourth step double-check and correct, if necessary, all data in an order summary (e.g. name, address, method of payment, selected accommodation, rate, payment & cancellation conditions). Upon entry of the means of payment in the order summary and click on ‘Book now (subject to payment)‘, the booking is sent to Acomodeo UG and executed. For a successful booking, the confirmation of the requested booking constitutes the fifth step. This confirmation is also sent to the e-mail address of the Client entered in the booking process.

§5 Storage of the Contract Text, Costs Related to the Conclusion of the Contract, Languages, Availability of the General Terms and Conditions

(1) Acomodeo UG stores the contract text (order details) and sends the order details to the e-mail address of the Client. Prior to dispatching his order, the Client can print the contract text by clicking on “Print” in the last step of the order process. Following the dispatch of his order, the Client can access the contract text anytime via the www.company.acomodeo.com website using his booking and/or login data.

(2) The e-mail sent to the e-mail address entered by Client also includes the General Terms and Conditions of Acomodeo UG. In addition, the Client can access and print the General Terms and Conditions at any time on www.acomodeo.com.

(3) No costs other than the costs for the mere use of telecommunication means used for the conclusion of the contract will be incurred.

(4) The Client can conclude the contract in the following languages: German, English.

§6 Prices, Conditions of Payment

(1) All prices are understood to be total prices in Euro and include the legal value-added tax.

(2) The offers related to an accommodation provided for booking by Acomodeo UG are quoted with daily, weekly and monthly rates. The prices specified for these accommodations are subject to various 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 registered users and can only be booked by these registered users.

(3) All payments will be effected by the following methods of payment: immediate transfer or PayPal, advance payment, by credit card, or by invoice. The methods of payment depend on the Provider. For this reason, it is not possible to always offer the whole range of payment methods. Therefore, Acomodeo UG reserves the right to exclude individual methods of payment, and to permit payment by credit card subject to a prior positive credit check only. Payment by invoice is only available for selected users.

(4) Payment is due at different dates, in accordance with the payment conditions stated for the selected rate. The following modes exist:

Full payment: payment is due upon conclusion of the contract.
Part payment: down payment is due upon conclusion of the contract.
Provision of valid credit card details: payment is due upon conclusion of the contract; however, the credit card will be debited in the respective accommodation upon check-in or check-out only and in case of cancellations or no-shows in accordance with the cancellation conditions.
Booking without down payment or provision of credit card details: payment is due upon conclusion of the contract; however, it will be made upon check-in or check-out only.
Further payment options based on 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/dates as agreed in the contract.
(5) In the case payment by invoice is selected, Acomodeo UG provides the Client with Acomodeo UG’s bank details, both in the booking confirmation as well as in the e-mail confirming the contract. The invoice amount is to be transferred to the designated account within 14 days after conclusion of the contract.

(6) For certain (non-refundable) prices or offers in the course of the booking, immediate payment is required by bank transfer (as far as possible), or credit card, thus a pre-authorization 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.

(7) Any retransfer costs charged by the banks for retransfers due to Client error will be borne by the Client.

§7 Cancellations

(1) By booking, the Client accepts the conditions of the Provider of the accommodation with regard to cancellations and no-show, as well as the remaining conditions of the Provider. During the booking process as well as in the confirmation e-mail, these conditions 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 information regarding the accommodation prior to booking.

(2) In general, changes made prior to the expiration of the free cancellation period as stated in the Provider’s terms and conditions are free of charge. The Client is obligated to inform himself on the Provider’s free cancellation periods. Following the expiry of the free cancellation period, however, lump-sum claims for damages are generally incurred, which are also contained in the Provider’s conditions.

(3) The Client must cancel or change the booking via the Acomodeo portal, or the Acomodeo Call Centre. Cancellations made in due time can only be effective if made via the tab (….) on the Acomodeo website itself, or by telephone Time below telephone number (further service numbers under Customer Service or in written form by e-mail until 24 hours prior to the end of the free cancellation period respectively to (E-Mail or by facsimile Fax number).

(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.

§8 Classification of the Accommodations

(1) Before inclusion into the Acomodeo booking portal, each accommodation is classified in the categories “Economy“ , „Business“ and “First Class“. These three categories serve classification purposes only to assist the users in finding a suitable accommodation for themselves. This classification of the accommodations is based on a system developed by Acomodeo based on various features and services the Provider specifies officially. There is no additional verification by Acomodeo of the features specified for an accommodation.

(2) The Client may not derive any additional rights from the classification.

§9 Guest Reviews

(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 e-mail including a link to a specific review site. Using this link, the Client can enter his rating of the accommodation. The Client explicitly agrees to the receipt of this e-mail. Furthermore, he 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 website. 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 UG, (wholly or in parts) (for marketing and/or promotion purposes, or for improving the service), on the websites or Social Media platforms operated by Acomodeo UG, in their newsletter, for offers, apps and on other sales channels managed, used or controlled by Acomodeo UG.

(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 favor of own or third-party products in his feedback. Upon first request, the Client will release Acomodeo UG from all claims Acomodeo UG may be exposed to as a consequence of ratings by the Client, which are not in conformity with the law. In particular, Acomodeo UG is granted the right to (partially) delete ratings made by the Client, provided there is sufficient indication for a violation of law.

§10 Complaint Handling

In the event of a complaint, Acomodeo UG proceeds as follows: after the Client has contacted Acomodeo (service@acomodeo.com, telephone +49 69 400 500 40 etc.), his request is handled promptly and appropriate measures will be initiated.

§11 No Right of Revocation for Consumers pursuant to Article 13 German Civil Code

If the subject matter of the contract consists of accommodation services exclusively, consumers are not entitled, pursuant to Article 312g (1), no. 9 German Civil Code, to revoke the contract concluded with the Provider. However, the Provider is free to grant the Client a right of revocation on a case-by-case basis.

§12 Liability Limitation

(1) Acomodeo UG shall be liable without limitation in case of intent or gross negligence, as well as in the absence of a guaranteed feature for all damages resulting thereof.

(2) In the event of simple negligence, Acomodeo UG shall be liable without limitation in case of damage to life, body, or health. In case Acomodeo UG is in arrears with its service due to simple negligence, or the service becomes impossible, or Acomodeo UG violates a material obligation, the liability for resulting damages to property and financial losses will be limited to typical foreseeable damage with this type of contract. A material obligation is defined as one the fulfillment 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.
(3) The liability for all other damages is excluded; the liability according to the Product Liability Act remains unaffected.

§13 Reservation of Title, Compensation, Right of Retention

(1) The Client shall only be entitled to offset his claims under the condition that his counter-claims are legally established, or are explicitly recognized in writing by Acomodeo UG.

(2) The Client has a right of retention only if the claims result from the same contractual relationship.

§14 Severability, Applicable Law, Place of Jurisdiction

(1) In the event individual provisions of these General Terms and Conditions 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 closed by a clause which is as close as possible to what the Parties wanted or would have wanted on conclusion of the contract, if they had considered this point at the time.

(2) As a matter of principle, 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. 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 and usual domicile. For this reason, these standard legal rights apply also.

(3) The place of jurisdiction for any disputes arising from or related to these General Terms and Conditions and the use of the services offered by Acomodeo UG is Frankfurt am Main/Germany for fully qualified merchants and any individuals who have no general place of jurisdiction in the Federal Republic of Germany. This does not apply to legal actions against consumers in terms of § 13 German Civil Code having their residence or usual domicile in an EU country who can only be taken before the courts of the member state in whose territory they reside under Article 16(2) of European Council Directive.

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