The following translation is for informational purposes only. In the case of conflict between this translation and the german version (including due to delays in translation), the german version shall prevail.
Scope and description of the platform “Homelike”
- These Terms and Conditions (T&Cs) apply to the use of the online platform www.thehomelike.com, including mobile variants (e.g. Apps) (also known as “Platform”), of Homelike Internet GmbH, Hansaring 97, 50670 Cologne (“Homelike”).
- Users can conclude agreements to rent and to rent out accommodation (e.g. as a living space or for accommodation purposes) via the platform. Homelike is not a landlord unless otherwise stated, but only offers a technical service via the platform, which allows a conclusion of the contract between the users.
- Homelike reserves the right to update the T&Cs with effect for the future if economic or legal reasons require an adjustment. The changes will only become part of the contract if the user agrees to these changes or does not object to them within a period of six weeks. For this purpose, it is sufficient that Homelike submits the new version of the T&Cs to the user via the e-mail specified by the User for notification purposes. If the User does not object to the amendments to the Terms and Conditions within a period of six weeks, the consent is deemed granted.
Benefits of Homelike / registration functions of the platform
- Registration is required to become an active user on the platform. Accounts are activated after confirmation by Homelike (“registered users”). The user is obligated to provide accurate, up-to-date and complete information on the registration form during the registration process, and to keep their data on the platform up-to-date at all times. Homelike reserves the right to review the information in user profiles, but does not do this proactively. Accounts are not transferable.
- Homelike offers registered users a technical service, as a landlord on an online marketplace, a platform to list and rent out furnished apartments, apartments or accommodation of other kinds (“accommodation” or “accommodations”). On the other hand, as a tenant (“tenant”), a user can search for suitable accommodations on this online platform and, as a registered user, make one or more booking requests to landlords via the online platform (“booking inquiry”). Depending on the structure of the offer, the contract for the use/rental of the accommodation can be concluded directly on the platform and there also a payment can be made. The latter part of the services of Homelike is payment. Homelike itself offers, as far as not expressly described otherwise, no own accommodations, but functions as a service to the users to assist in the conclusion of contracts. If in fact, Homelike itself is a provider in individual cases, Homelike is the “landlord” in the sense of these terms and conditions.
- All services offered by Homelike to the users are subject to availability. Homelike tries to keep the services continuously accessible. Due to maintenance, further development or technical difficulties, utilisation of the platform may be restricted or intermittently interrupted. The legitimate interests are taken into account by Homelike through prior information.
- Tenants in Germany do not pay a usage fee for the conclusion of tenancy agreements. Listing an accommodation is free for landlords. When a rental agreement is concluded (as described in these Terms and Conditions), Homelike will charge a compensation in the form of a usage fee for the tenant (for leases outside Germany, to which German law is not applicable) and for the lessor (In any case, that is to say, both in the case of rentals within and also outside Germany, details in section 12). The usage fee is limited to a 12-month rental period, after which no further fees will be charged. The usage fee also includes an exclusive insurance. The usage fee is displayed to the user while selecting accommodation during the booking process. (See paragraphs 3.2 and 12.1) In addition, tenants of apartments in Germany have the option of completing a paid service package which includes insurance services as well as exclusive customer service. Please contact firstname.lastname@example.org if you are interested.
- The services for landlords and tenants as well as details on the contract are described below:
Services for landlords
- Homelike offers the possibility to publish contents/descriptions of accommodation on the platform (e.g. photos, rental conditions, availability calendar, etc. – in each case “accommodation profile”). It is the responsibility of the landlord to make the information in the accommodation profiles true, to comply with all legal requirements and to not violate the rights of third parties (in particular copyrights).
- Listing profiles must contain at least the obligatory fields and the complete total price, including any sales tax, as well as additional price components (e.g. cleaning fees, fees for washing machine use, parking fees or additional services). The landlord must clearly identify extra fees to the tenants. The landlord is not required to pay any additional fees, commissions or any of the other payments of the previously mentioned service, except the Homelike usage fee stated in the offer system depending on the rental period. This excludes costs for additional services (e.g. hospitality services), rental ancillary costs or possible deposit payments, which are not part of the stated total price. Furthermore, all contract documents and conditions must be completely accessible. Landlords have the possibility to specify and raise various price structures and (reasonable) additional fees via the platform, as well as to produce contract documents for the conclusion of contracts with tenants.
- An inquiry of an accommodation profile of the accommodation does not constitute a legally binding offer from the landlord. It merely serves to enable the tenant to make a non-committal booking inquiry before entering into a legally binding contract with the landlord.
- Offers from landlords are forwarded by Homelike to one or more potential tenants at the same time.
Services for tenants
- Homelike provides a platform in the form of a marketplace to search, request and book accommodation. Registered users have the possibility to ask for a variety of (up to 10) parallel booking requests via the platform.
- In addition, tenants have the possibility to evaluate accommodation, but only if they have actually lived there. Tenants are obliged to make true statements in their evaluations. Homelike does not monitor these ratings but is entitled to delete them in the case of suspicion of inaccuracy at any time and without consultation with the tenant.
Contracts / Contents of the leases
- Homelike sends booking requests via the online platform from “tenants” to the “landlords” and allows the communication between them via the platform.
- A landlord has the possibility, upon receipt of a booking request, to submit a binding offer to the requesting tenant to conclude a contract.
- Offers from a landlord are transmitted to the tenant via the platform. A landlord has to accept a booking request within 48 hours if he wishes to make an offer. If they do not react, the system automatically rejects the booking request for the system.
- If a provider accepts a booking request and makes a binding offer to the requesting user/tenant, the latter has 48 hours to accept this. If they do not react, the offer is automatically rejected by the system.
- In the case of acceptance of this offer by the tenant and the “signing” or an acceptance of “rent conditions” by the landlord, or the electronic conclusion of the individual contract conditions (e.g. residential tenancy contract), a binding contract is concluded (“lease”). The contract (known as a “rental agreement” or “booking”) is completed after both parties click the button “Rent Now” after “signing” and/or “accepting” the “rental conditions” of the landlord. The actual legal nature of the leasing contract depends on its content. It does not have to be a “leasing contract” within the meaning of the German Civil Code, but a contract of accommodation or a contract of its own kind. A rental contract concluded between the tenant and the landlord only. Homelike is not a contractual partner with regard to the leases of accommodation on the platform but is solely a service provider, which allows the conclusion of the contract via the platform between landlord and tenant.
- The terms of the leases are negotiated solely between landlord and tenant, and these parties are responsible for the execution of all formalities (form, contract text, country-specific regulations, etc.) relevant to the conclusion of the contract. On the platform, Homelike will provide contract models and online closing tools, which tenants and landlords may use to conclude the contract. These contractual models are merely intended to provide assistance to the parties and do not claim thoroughness. In particular, these do not take account of country/regional specificities. Homelike also offers the possibility to make and conclude agreements of the tenancy relationship online using the rental agreement templates, which include contractual or accommodation terms and conditions as part of the booking process. It is the sole responsibility of the landlord and tenant to check whether this procedure complies with the legal requirements for the conclusion of lease agreements in accordance with the relevant legal system. Furthermore, in the case that one of the parties is a part of a lease agreement, the customer may be entitled to a right of revocation. In this case, the landlord commits to the granting of revocation rights to the tenant and to a notice of the right of revocation in accordance with the applicable legal regulations. Landlords may use their own, object-related general terms of business or lease agreements for the rented accommodation. These may modify the provisions of these Terms and Conditions but may not contradict them in substantial parts. The provisions for cancellation (Section 7) and the remuneration of Homelike (Section 12) shall in no case be affected.
- The fulfilment of all tax (performance) obligations is the sole responsibility of the landlord. Homelike does not accept any billing for the landlord. The landlord is responsible provides the tenant with a proper invoice for the rental price and, if necessary, to disclose the VAT.
Users may not use addresses, contact data and email addresses received by the use of the platform for any purposes other than for contractual communication. In particular, it is forbidden to divulge this data to third-parties or to use it for solicitation. Users expressly permit the disclosure of the information from their user profiles against the respective (potential) contractual partner (i.e. the tenant or landlord).
Cancellations of leases/bookings
- Homelike offers both tenants and landlords the possibility to cancel a booking or an already concluded lease.
- Both tenant and landlord have to request cancellations via Homelike. The cancellation periods are determined according to the policies of the respective rental agreement. If no policies in relation to cancellation are included in the contract, a cancellation will be possible up to 24 hours before the start of the rental contract. For this purpose, you must contact Homelike Customer Service in writing via e-mail from the e-mail address registered with Homelike, indicating the booking code. Homelike then transfers the cancellation to the other party via the system. Cancellations will not take effect until they have been confirmed in writing via e-mail. If the tenant is an individual user, the tenant may be entitled to further rights which may also allow other forms of cancellation (e.g. right of revocation, see section 13).
- In the case of a cancellation, the user is charged with the usage fee to be due for payment to Homelike, since Homelike’s service has already been provided in full. The user is expressly informed about the cancellation. In the event that a tenant acts as an individual user in the exercise of a statutory right of revocation and/or cancellation and this right of revocation is not yet extinguished, he is not obliged to pay the cancellation fee. Details on revocations and their termination can be found in section 13.
- The reimbursement amount from the landlord to the tenant depends on the date of the cancellation and on the cancellation conditions stipulated by the landlord as well as on the existence of a possible legal right of revocation.
If the tenant detects unforeseen problems or deficiencies in the accommodation or the landlord immediately after moving into the rented accommodation, he/she can file a complaint within 24 hours after the arrival of the accommodation. The complaint has to address to the landlord and in writing (e-mail suffices) to Homelike, and this must contain a concrete description of the problem. In this case, Homelike tries to reach a mutual solution. If both parties agree that they agree with a formulated solution, the complaint is resolved. However, Homelike can not guarantee a resolution.
Exclusivity and circumvention
- The landlord, as well as the tenant, are obliged to handle all services from the rental agreement exclusively via the platform – this also applies to any future ancillary services and extensions of the rental period. Agreements outside the platform are to be understood as circumvention.
- It is particularly forbidden for users to circumvent the booking and payment procedures regulated in section 12, in particular, the usage fees. Should users outside the platform sign a contract for the use/rent of one of the accommodations placed on the platform (“circumvention”), Homelike’s claim nevertheless applies to payment of the usage fees. These are due in the event of a circumvention of tenant and landlord as a joint debtor to pay homelike. No circumvention represents a pure payment between tenant and landlord outside the platform.
Handling content/rights of use
- By uploading content, the landlord allows Homelike to use it for the presentation in the platform as well as for advertising purposes in association with the platform (e.g. online, TV, newsletter, print, posters, etc.) and grants the appropriate rights of use to Homelike.
- The content offered on the platform are protected by copyright. Access and use of the platform are carried out on a regular basis by a natural person (or a legal person) through a web browser. The use of techniques such as web pages, crawlers or similar programs, whose purpose is not merely the indexing of the content but the massive retrieval and storage of contents of the platform, is prohibited. This applies in particular to techniques which, through so-called “screen scraping”, make it possible to offer third-party offers and services.
- In the case of termination of the contract of use according to these Terms and Conditions, for whatever reason, Homelike is entitled to delete all contents of the user. There is no obligation to submit/publish, or similar.
Measures in the event breach of user’s rights and/or of the contract by the user/exemptions
- In the case of a violation of the User against these Terms and Conditions, Homelike shall be entitled to terminate the contract of use with extraordinary and immediate effect and/or to make use of its virtual domestic law. Accordingly, Homelike may exclude the user concerned from the use of the service, delete the contents used by them or take other measures as defined in clause 11.3. Homelike reserves the right to prosecute claims for omission and damages.
- Homelike does not review published content. Homelike is entitled, in the case of an infringement of the applicable law as well as regulations of these T&Cs, to refuse the inclusion of contents, delete or block all content immediately or completely, and delete the pages and related references immediately.
- In the event that a user violates legal regulations, third-party rights, the T&Cs, or if Homelike has any other legitimate interest, Homelike reserves the right to terminate the contract without notice:
- to warn the user;
- Offers or other contents of the user;
- Limit the use of the platform to the user;
- To temporarily or permanently exclude the user from the use of the platform (blocking);
- Other legal steps (such as the reimbursement of criminal charges).When selecting a measure, Homelike takes into account the legitimate interests of the user concerned as well as all the circumstances of the infringement, in particular, the degree of fault.
- After a user has been blocked by Homelike, this user can not log in with another user account, or use the services via another user account, and can not register again.
- Already concluded leases of the user with other users remain unaffected by a deletion of an offer. The same applies to claims for payment of the usage fee that are already due. If an offer is cancelled before acceptance by a user of Homelike, no effective lease will be concluded.
- Users shall indemnify Homelike in the event of legal infringements on first demand of all claims of other tenants/landlords and/or third parties in respect of such infringements. This includes the reasonable costs of legal defence. In addition to general infringement of the rights of third parties, this exemption shall include but is not limited to: (i) infringement of the rights of users derived from false profile data; (ii) infringement of the contents of uploaded offers/descriptions of accommodation by the providers; By tenants, and (iv) claims made against Homelike for lack of accommodation.
Performance processing (payment process, fees, accounting) / remuneration of homelike
- After an effective conclusion of a rental agreement, the payment process is carried out as follows: The total price shown at the end of the booking is a result of the rental price agreed upon between the provider and the tenant for the use of accommodation (accommodation price at the end of the booking) and the usage fee, i.e., the remuneration of Homelike. Homelike informs the users of the total price as well as all price components after the reservation has been made and the usage fee is displayed separately. The usage fee is due for the tenant (if applicable) as well as the landlord immediately after the conclusion of the rental agreement to pay Homelike.
- Homelike reserves the right to change the amount of the usage fee for the future at any time and inform the users in good time.
- For the payment from the tenant to the landlord, Homelike instructs a payment service provider to collect the entire price directly on behalf of the supplier and to keep it on a non-charged fiduciary account for the landlord. For this purpose, the landlord sets up their own account with the payment service provider, to which only the landlord has access. If the claim is not successful, the additional costs incurred by the tenant are to be paid. This does not apply if the landlord did not cause the error in the payment transfer. In addition, the terms and conditions of the selected payment provider shall apply. Any SEPA notification deadlines will be shortened to one day.
- The tenant accepts that the payment service provider will transfer the rental price or, as the case may be, a partial amount of the rental price for the booked accommodation, to the landlord 24 hours after the start of the rental period.
- If the accommodation is not given as the described condition in the contract, then the tenant is entitled to revoke the instructed rental payment over Homelike to the payment provider. The revocation must be justified and communicated to Homelike via the provided contact information. Provided that the amount is still on accounts that are in the control of the payment provider, Homelike will work to ensure that this amount transfers back to the tenant, but can not guarantee this. Otherwise, Homelike will ask the landlord to repay this amount to the tenant through the payment provider. In addition, the tenant will also be refunded the usage fee. Should, in these cases, the landlord fail to or refuse to pay back the tenant, Homelike is not liable for this. In this case, Homelike shall not repay the tenant. Any legal revocation rights remain unaffected. Furthermore, the landlord is obliged in the case regulated in this clause 12.5 to pay additionally the usage fee of the tenant to Homelike.
- Users likewise agree to pay the usage fee (remuneration of Homelike) by transferring the corresponding amount (if necessary in several partial amounts) from the trust account to an account of Homelike. This applies both to the landlord and to the tenant.
- It is only possible to charge the users’ usage fees against their other claims if these claims are due at the same time, have been legally established, and are not disputed. Users are not permitted to assign their claims to third parties.
- Homelike creates an invoice for the usage fee upon request.
- If not, the presumption is that a provider is aware of his (VAT) tax duties and duly fulfils them, as long as nothing else has been communicated to Homelike. Homelike reserves the right to provide evidence of the entrepreneurial or private property as a provider.
- Further consumption and usage-dependent costs such as electricity, water, heating or gas can be claimed by the provider additionally or outside the platform. This does not constitute a circumvention. The provider must provide this information on such costs before the conclusion of the contract (in particular in the listing profile or in the contract terms). Any costs are not part of the calculation of the usage fee.
Right of revocation
- Consumers who enter into the platform contracts may be entitled to, if necessary, cancellation rights. These apply both to the rental agreement itself and to the contract between Homelike and the user regarding the provision of paid services within the scope of these Terms and Conditions.
- If and to the extent a contract concluded via the platform between tenant and lessor is a contract of accommodation, § 312g para. 2 no. 9 no cancellation rights, neither against the landlord nor against Homelike for the provision of the services according to this contract.
- If and to the extent that a contract concluded through the platform between the tenant and the landlord is a residential tenancy agreement, the tenant has not previously visited the property, and the landlord is a tenant, the consumers are entitled to revoke rights under German law.
- If a user is a consumer, he is also entitled to a right of revocation against Homelike in the case described in clause 13.3, even if the landlord is not an entrepreneur. The user, therefore, concludes a contract in the booking process and at the same time with the lease agreement for the provision of paid services in the sense of these terms with Homelike. These services are completed by the conclusion of the lease agreement between the landlord and tenant, i.e., the contract is completed. A possible revocation against the landlord within the framework of the contract concluded with him shall not affect this complete execution. It applies to Homelike in the case governed by clause 13.3 the right of withdrawal according to the following clause 13.5.
- Right of revocationYou have the right to revoke this contract within a period of fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. To exercise your right, you have to contact, the Homelike Internet GmbH, Hansaring 97, 50670 Köln, Tel .: +49 221 988 611 88, Email: email@example.com by way of an unambiguous statement (e.g. consigned by mail, fax or e-mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.Consequences of revocationIf you revoke this agreement, and we have paid you all the payments we have received from you, including the cost of delivery (except for the additional costs resulting from a delivery type other than the most favourable standard delivery offered by us), within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we will use the same means of payment that you have used in the original transaction unless you have expressly agreed otherwise; in no case will you be charged for these repayment fees.If you have requested that the service be commenced during the period of revocation, you shall pay us a reasonable amount equal to the portion of the services already provided to you by the time you inform us of the exercise of the right of revocation, with respect to this contract compared to the total amount provided for in the contract services equivalent.
- The provider may charge a deposit to rent his/her accommodation. In this case, it is imperative that the provider must provide advance notice of this deposit information, which includes the previously determined amount and the corresponding method of payment as well as the payment period, in the accommodation profile.
- The settlement of the deposit takes place outside the platform directly between the tenant and the landlord so that Homelike is not responsible for the management of deposits or any claims for safe custody. This does not constitute a circumvention.
Termination of the usage contract according to these terms and conditions
- The contract of use is concluded indefinitely after registration.
- Users may terminate this agreement at any time without observing a notice period. For a declaration of termination, a message to Homelike in text form (e.g. letter, fax, e-mail) is sufficient. Already closed rental agreements of the user with other users remain unaffected by a termination of the usage contract. The same shall apply to claims for payment of the usage fee which are already due.
- Homelike may terminate the contract of service at any time with a period of two weeks.
- This shall not affect the right to block and terminate for important reasons.
Liability of Homelike
- Each user must independently verify the identity of their respective contract partner. Homelike assumes no liability for the correctness of the contact information of the users, as well as other user data and content, which are set on the platform.
- Homelike shall be liable without limitation for the damage caused intentionally or by gross negligence by Homelike, its employees and vicarious agents, fraudulent concealment of defects, express assumption of a guarantee, as well as damages resulting from injury to life, body and health.
- Homelike shall only be liable for other damages if an obligation is violated, the fulfilment of which allows the proper performance of the contract and the compliance with which the contractual partner may regularly rely on (cardinal obligation). Compensation for damages is limited to such damages, which are to be regarded as contractual and foreseeable. Any liability under the Product Liability Act shall remain unaffected.
- Homelike does not assume any guarantee or liability for the services and legality of the rental agreements concluded between the tenant and the landlord, particularly in the nature of the accommodation, since Homelike is neither a contractual partner of the leases nor a landlord (unless otherwise expressly agreed) and/or tenants’ performance and/or legal aid of Homelike.
- Homelike is not liable for the services a third-party service provider accepts in the process of concluding the contract between the tenant and the tenant, provided that they are not a performance aid and/or legal aid from Homelike.
- The law of the Federal Republic of Germany shall apply, with the exception of the United Nations Convention on the International Sale of Goods.
- Homelike shall be entitled to transfer its rights and obligations from this contractual relationship in full or in part to a third party.
- Should individual provisions of the contract with the user including these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions remain valid. The also applies in the case of a contractual gap.
If the user is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is Cologne from Homelike. The same applies if the user does not have a general court of jurisdiction in Germany or the residence or usual place of housing is unknown at the time the action is brought. The text of all provisions is subject to German law and is to be interpreted in accordance with the German legal understanding. The version provided in all other languages is for information only and is not part of the legal transaction. In the case of divergences between the German version and the foreign language version, only the German version shall apply.