1. Scope of Application
1.1 These General Terms and Conditions apply to all intermediation services provided by Acomodeo Marketplace GmbH (“Acomodeo”) vis-à-vis Providers of Serviced Apartments and overnight accommodation services. No other business conditions shall apply to this contract, even if Acomodeo does not object to such other business conditions, or renders their services to the client in knowledge of these other conditions without reservation. These General Terms and Conditions only apply to business with entrepreneurs pursuant to Section 14 of the German Civil Code (“Bürgerliches Gesetzbuch” / “ BGB”).
1.2 Furthermore, these General Terms and Conditions apply from 01.01.2021 at 0:00 a.m. for all services which Acomodeo UG (haftungsbeschränkt) is to provide to Providers of Serviced Apartments and and overnight accommodation services. No other business conditions shall apply to this contract, even if Acomodeo UG (haftungsbeschränkt) does not object to such other business conditions, or renders their services to the client in knowledge of these other conditions without reservation. These General Terms and Conditions only apply to business with entrepreneurs pursuant to Section 14 of the German Civil Code (“Bürgerliches Gesetzbuch” / “ BGB”).
1.3 Even if during on-going business relationships these General Terms and Conditions are not expressly referred to when concluding similar contracts, the General Terms and Conditions of Acomodeo apply exclusively, unless otherwise agreed by the contracting parties and recorded in text form.
1.4 Provisions in the Master Agreement or in the Service Level Agreements provided as Annexes to the Master Agreement containing conflicting or differing provisions shall prevail over these General Terms and Conditions.
2. Transition contractual relationship and right of termination
Acomodeo UG (haftungsbeschränkt) transfers its position as contractual partner of the Provider, including all rights and obligations, to Acomodeo Marketplace GmbH, Am Salzhaus 4, 60311 Frankfurt a.M. with effect from 01.01.2021 at 0:00 a.m. The Provider is free to terminate the contract with Acomodeo UG (haftungsbeschränkt) with immediate effect in text form until 31.12.2020.
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, users have the opportunity to make individual enquiries via a button specifically provided for this purpose, or make bookings via the Acomodeo Call Centre.
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 Before inclusion into the Acomodeo database, each accommodation is classified according to the categories “Economy“ , ”Business“ and “First Class“. These three categories serve classification purposes only, and shall assist users in finding suitable accommodation for themselves. This classification of the accommodations is based on a system developed by Acomodeo based on their own specifically determined criteria. The system is based on the features and services the Provider specifies officially. There is no additional verification by Acomodeo of the features specified for an accommodation. The criteria are available to view under operator.acomodeo.com/criteria.
3.4 Acomodeo brokers the Serviced Apartments and overnight accommodation services offered by the Providers via the online platform as well as through other sales channels. An overview of the channels is available under operator.acomodeo.com/channels. The choice of channels is at the discretion of Acomodeo.
3.5 The Provider cannot claim active promotion (in particular exposed marketing) of his offers. Any promotional activities by Acomodeo relating to the offers of the Provider, via Internet, print and broadcast media as well as on trade fairs and events, are voluntary services provided by Acomodeo.
4. Obligations for the Provider
4.1 The Provider guarantees that the accommodation offered by him exists and that he is entitled to offer this accommodation to the extent specified. Furthermore, the Provider guarantees that the information provided concerning the overnight accommodation (in the accommodation profile and on his website, other online presences as well as other advertising and information media) is substantially true, and that his offer of the overnight accommodation does not violate any mandatory laws and regulations, in particular the German Act Against Unfair Competition (“Gesetz gegen unlauteren Wettbewerb” / “UWG”).
4.2 The Provider also guarantees that the information given in accordance with Clause 4.1, as well as the promotional texts, pictures, photos, graphics, logos and the like used on the websites and in the media including the accommodation profile in accordance with Clause 4.1, do not infringe the copyright or ancillary copyright, personality rights, trademark rights, labelling rights, or other third party rights.
4.3 The Provider agrees to keep the information made available in the accommodation profile (incl. availabilities, rates, as well as general business and cancellation conditions) and other data up-to-date at all times.
4.4 The rates the Provider communicates to Acomodeo are inclusive rates (total or end prices), to the extent that they include all incurring charges, taxes, and other non-recurring payments (deposit, final cleaning etc.). In case the inclusive rates vary due to other charges or taxes (city tax, etc.), this has to be mentioned in the rate description separately. Equally, the Provider can specify in his offer the costs for additional services (e.g. hospitality services, minibar, etc.) not covered by the total price and/or bill these individually to the client.
4.5 For each offer, the Provider makes available to Acomodeo the gross/net costs per overnight stay for up to three target groups:
(a) Standard accommodation rates (daily, weekly and monthly rates). These are offered to registered and unregistered users alike.
(b) Special rates for business travellers (daily, weekly and monthly rates). These are offered to registered users exclusively.
(c) Special rates for group bookings (as from seven apartments)
4.6 The Provider is obligated to provide the respective overnight accommodation to the client. In the event booked accommodations are not available due to external factors (except for force majeure), the Provider will be obligated to provide the client with an alternative, at least equivalent, accommodation. Any additional costs incurred per overnight stay as well as transportation costs of the client will be borne by the Provider.
4.7 Acomodeo must be notified of any price changes resulting from an extension, reduction or cancellation of the booking within 72 hours in text form to support@acomodeo.com. If the notification of price changes reaches Acomodeo after the 14 day payment deadline, the Provider pays Acomodeo a handling fee of 25,00EUR flat.
4.8 The Provider is obligated to issue to the client a proper invoice showing the booking price and any taxes incurred in accordance with legal provisions. In this process, the final price for the overnight stay must correspond to the price stated vis-à-vis Acomodeo.
4.9 Upon first request, the Provider will indemnify Acomodeo from all liabilities Acomodeo may be exposed to as a consequence of the Provider violating his obligations in accordance with Clauses 4.1 - 4.8. This also includes legal fees.
5. Booking
5.1 The information on availabilities and rates made available to Acomodeo are binding. All Serviced Apartments and overnight accommodation services made available on the platform constitute a binding offer by the Provider. Upon conclusion of a booking, the rates quoted at the time apply.
5.2 A booking is established once a client accepts an offer made available by the Provider on the Acomodeo online platform, subject to the specified conditions (e.g. minimum booking period, rates as well as business and cancellation conditions) and stating client, guest and payment information (e.g. credit card data), by clicking the respective booking button provided on the online booking screen or by accepting the offer via the Acomodeo Call Centre. If the client makes an individual inquiry via e-mail, the Provider makes the client a binding offer which the client is free to accept via e-mail.
5.3 Once the client has completed the booking, Acomodeo sends a booking confirmation to the e-mail address provided by the client at the time of booking, containing the contact data and the Terms and Conditions of the Provider.
5.4 Acomodeo communicates the following information related to client and guests as a minimum: Title, first and last name(s) as well as payment information of the client. Acomodeo will pass the payment information of the client on to the Provider without verifying them. Acomodeo assumes no responsibility for the accuracy of the client and guest information provided by the client. This information should be verified by the Provider upon arrival of the respective client / guest.
5.5 The Provider bills all services rendered directly to the client.
5.6 After check-out, Acomodeo gives the client the opportunity to give his feedback on the accommodation. This rating exclusively serves to inform (prospective) clients about the service and the (overall) quality of the accommodation. Acomodeo may display the guest review on the respective information page for the accommodation on the Acomodeo online platform as well as 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.
6. Revocation and Cancellation
6.1 If the subject matter of the contract consists of accommodation services exclusively, pursuant to Article 312g para. 1, no. 9 of the German Civil Code, there is no statutory right 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.
6.2 To the extent permitted by law, the cancellation conditions specified by the Provider will be applicable for standard overnight rates as well as for special rates for group bookings (refer to Clause 4.5).
6.3 The Provider is free to change his own and / or Acomodeo’s cancellation conditions in favour of the client, however, not to the detriment of same.
6.4 Acomodeo will ask the client to use the Acomodeo online platform or the Acomodeo Call Centre to cancel his booking. However, in case a cancellation of an overnight accommodation booked via Acomodeo is received directly by the Provider, the Provider is obligated to notify Acomodeo thereof within 72 hours. In these cases, Acomodeo will request confirmation of the cancellation from the client. Commission settlement in case of cancellations is set forth in Clause 7.2.
7. Commission
7.1 For bookings made via Acomodeo, the Provider pays to Acomodeo a commission of 10% on the gross room rate (i.e. “Room rate” including taxes, costs and / or fees for additional service, if these are charged for). No commission is due for any additionally billed services rendered during the stay of the respective client / guest.
7.2 If cancellation fees in accordance with Clause 6.2 apply for a cancellation, the Provider pays to Acomodeo a commission of 10% of the cancellation fees. No commission is due for cancellations which are free-of-charge.
7.3 If the client changes the term of his booking / stay, the Provider must notify Acomodeo correspondingly without delay. In such cases, Acomodeo requests confirmation of this change from the client and adjusts the commission accordingly.
7.4 For each booking/stay Acomodeo sends the Provider a commission invoice by email on a monthly basis stating the period from the check-in date of the client to the month end, or if requested specifically, from the check- in date to the check-out date of the client. The invoice amount is due for payment immediately. The Provider will be in default 14 days, or if requested specifically 20 or 30 days upon receipt of the invoice. Payment can be made by direct debit, bank transfer (bank account indicated by Acomodeo) or credit card.
7.5 The invoiced amounts will be paid by the provider in the currency stated on the invoice. However, Acomodeo may issue invoices in either a major currency or the applicable local currency of the provider.
7.6 If the Provider becomes delinquent with outstanding invoices, the Provider will go through a three-stage dunning process consisting of a payment reminder, a second reminder showing costs, and the initiation of a legal dunning procedure. To avoid misunderstandings, the 2nd reminder consists of a 40€ flat fee. Upon receiving the 3rd reminder the judicial procedure or a sell of receivables is introduced.
8. Amendments to these General Terms and Conditions
Acomodeo reserves the right to make amendments to these General Terms and Conditions, in particular when there is a reason to do so due to a change in law or Supreme Court judgements, market conditions or the like. Amendments to these General Terms and Conditions will be notified to the Provider in text form two months before coming into effect at the latest, with the individual changes being highlighted. The amendments are deemed accepted by the Provider if the Provider does not lodge objections to such amendments within one month. At the beginning of the objection period, Acomodeo will emphasize vis-à-vis the Provider the consequences of the Provider’s actions.
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