Terms & Conditions - Homelike

All bookings of accommodation, or creation of accommodation profiles, that are not carried out in France are subject to the general terms and conditions of Homelike.

Bookings of accommodation, or creation of accommodation profiles carried out in France are subject to Homelike’s general terms and conditions for use of the Homelike Online Platform with respect of Apartments located in France



T&Cs for the use of the Homelike online platform

 

Important terms


Provider


Person or company that offers properties (e.g. homes/accommodation) via Homelike


Customer


Person or company that books properties (e.g. homes/accommodation) via Homelike


User


Combined term for providers and customers


Booking


Conclusion of a contract to use a property for a set or unlimited period of time


Accommodation profile


Description of a property on Homelike


Platform


The Homelike portal


User fee(s)


Fee payable to Homelike by providers


Service fee(s)


Fee payable to Homelike by customers


Accommodation


Property provided via Homelike


Cancellation


Rescission or termination of the contract before the customer stays at or moves into the accommodation



1. Scope of application and description of the ‘Homelike’ platform


1.1 Scope of application


These general terms and conditions (T&Cs) apply to the use of the online platform www.thehomelike.com of Homelike Internet GmbH, Hansaring 97, 50670 Cologne, Germany (‘Homelike’), including mobile versions (e.g. apps) (also referred to as ‘Platform’).



1.2 Possible uses


Users can conclude contracts with each other via the Platform relating to the use of accommodation. In doing so, Homelike is not the actual provider – unless otherwise specified – and instead, solely provides via the Platform technical services that allow users to conclude contracts.


1.3 Changes to these T&Cs


Homelike reserves the right to update the T&Cs with future effect and include them in the contractual relationship with the user if the changes in the legal status or supreme court jurisdiction, changes to market conditions or currency conversion changes require changes to be made, and, in accordance with the scope, require changes to be made in parts that are affected by such changes or changed circumstances. These changes become an integral part of the contract only when the user agrees to them or does not object to them within six weeks of notifying the user of these changes. With respect to such a notification, it is sufficient for Homelike to send the user the new version of the T&Cs at the e-mail address given by the user for notification purposes, with a separate notice regarding the consequences/importance of the user’s conduct. If the user does not object to the inclusion of the above-mentioned changes to the T&Cs in the contractual relationship within six weeks, consent is deemed to have been given. There is no option of objecting to the changes if changes only benefit the user or if they are neutral. In all other cases, the inclusion of changed T&Cs in the contractual relationship with the user is possible only with the user’s consent.


2. Homelike services/the Platform’s registration feature


2.1 Registration


Registration is required to use the Platform actively. Accounts are activated after they have been confirmed by Homelike. Users are obliged to provide truthful, current and complete information in accordance with the requirements of the registration form, and to always keep their data on the Platform up-to-date. Homelike reserves the right to review user profile information, but does not do so in a pro-active manner. Accounts are non-transferable. Users can be legal entities or natural persons. In particular, companies may use Platform services for third parties/employees. When registering, users must be particularly truthful as to whether they are a consumer or company, and must provide the corresponding mandatory information in this regard (with particular reference to companies/business persons providing a tax number/VAT ID).


2.2 Overview of services


After registration, Homelike offers users technical services via an online Platform, on which providers (‘Providers’) can upload furnished homes, apartments or other accommodation (together ‘Accommodation’). A user can also search for suitable Accommodation as an online Platform customer (‘Customer’) and, after registering on the Platform, send one or several booking requests to Providers (‘booking requests’). The contractual relationship regarding Accommodation use/rental is generally concluded directly on the Platform and payment is also processed there (‘contract conclusion’, where the entire process resulting in contract conclusion is together referred to as ‘booking’). Contracts are concluded outside of the Platform only in special cases and based on a separate agreement with Homelike. Homelike also receives a fee for the contract conclusion. Homelike generally does not offer its own Accommodation and solely offers users the option of concluding a contract as a service provider. If Homelike is the actual Provider in special cases, Homelike is the ‘Provider’ within the meaning of these T&Cs.


2.3 Reservation of availability and further development


Any Homelike services are provided to users subject to availability. Homelike strives to ensure that services are always available. Possible uses may be restricted or temporarily interrupted by maintenance, further development or malfunctions. The user’s legitimate interests with respect to availability are taken into account by Homelike by informing users of this in advance.


2.4 Service fees


Any service fees Customers are required to pay are shown in the booking process. When making a booking (as described in these T&Cs), a fee is payable by Customers to Homelike in the form of a ‘Service Fee’ for services provided in this regard – provided that and to the extent that this is legally permissible. In many cases, the Service Fee also includes insurance (depending on the location of the property, and whether insurance cover is in place is shown to Customers in the booking process). Customers are shown the Service Fee in the booking process (see points 3.2 and 12.1). The amount is based on the period the Accommodation is actually booked for and totals a percentage of the monthly fee/monthly rent to be paid, unless otherwise agreed. The Service Fee due for the selected period is initially shown in the booking process and then becomes due for payment. As periods often cannot be clearly defined in advance, the actual Service Fee to be paid is based on the actual contractual term defined later on. Deviating regulations can be agreed between Homelike and the Customer. Overpayments are refunded unless otherwise described below; additional payments must be made for underpayments. If a booking period ends prematurely due to circumstances for which the Customer is responsible, e.g. Customer misconduct in the home or if a Customer behaves in contravention of the contract, overpayments are not refunded and are forfeited.


2.5 User fees


It is free for Providers to advertise Accommodation (subject to chargeable services in this regard, such as providing photos). When making a booking (as described in these T&Cs), a fee is payable by Providers to Homelike in the form of a ‘User Fee’ for services provided in this regard (for details, see point 12). In many cases, the User Fee also includes insurance (depending on the location of the property – in all countries listed here). Providers are shown the User Fee in an appropriate place (varies depending on booking process) (see points 3.2 and 12.1). The amount is based on the period the Accommodation is actually booked for and totals a percentage of the monthly fee/monthly rent to be paid. The User Fee is first due for the initially selected period. As periods often cannot be clearly defined in advance, the actual User Fee to be paid is based on the actual contractual term defined later on. Overpayments are refunded unless otherwise described below; additional payments must be made for underpayments. If a booking period ends ahead of time due to circumstances for which the Provider is responsible, e.g. defects in the home, if the Provider behaves in contravention of the contract, or if the Provider agreed to extraordinary termination of the contract ahead of time, i.e. contract termination where the Customer is not entitled to any claims, any overpayment is not refunded and is forfeited.


2.6 Optional service package


Customers who are not charged a Service Fee also have the option of paying for a service package (‘service package’), which includes insurance services in addition to the Customer service. The packages available are shown to the Customer in the booking process and can be selected and purchased there. Please contact support@thehomelike.com if you have any further questions relating to packages.


3. Services for Providers/Provider liability


3.1 Publishing accommodation profiles


Homelike gives Providers the opportunity to publish content/descriptions for Accommodation on the Platform (e.g. photos, rental terms, availability calendar, etc. – respectively referred to as ‘accommodation profile’). The Provider is obliged to provide truthful information in accommodation profiles, to comply with all legal provisions, and to avoid breaching third-party rights (with particular reference to copyrights). The Provider is also obliged to review the accommodation profile for currency and content-related accuracy regularly and before contract conclusion, as this becomes the legal booking content. Homelike is not in any way obliged to change accommodation profiles.


3.2 Minimum accommodation profile requirements


Accommodation profiles must at least include the marked mandatory fields and the full total monthly price. The monthly total price must always include running costs for electricity, water, heating and other incidental living costs, as well as any taxes due – such as VAT – and other applicable local taxes and charges. These costs must be listed separately. The profile must also include other pricing components such as cleaning fees, fees for using laundry facilities, parking fees or additional services, and any extra costs charged for this must be shown transparently. Furthermore, mandatory legal information such as energy certificates must be shown in full and correctly. The Provider shall not charge any fees, commission or other payments to the Customer above the total price stated on the accommodation profile – with the exception of the Service Fee payable to Homelike specified by the system in the booking process, depending on the length of the booking. This excludes costs for additional services (e.g. hospitality services) outside the actual booking, or possible deposit payments that are not an integral part of the overall price given. In addition, any contractual documents and conditions should be accessible before contract conclusion but no later than upon contract conclusion. Providers have the option of uploading contractual documents for concluding contracts with Customers to the Platform. Details regarding contract conclusion are regulated in point 5.


3.3 Availability


The Provider shall ensure that the availability specified for the Accommodation is correct at all times and that it truthfully sets such availability. If there are any changes, the Provider will update availability without undue delay. If inaccurate availability details result in a booking being cancelled or if the Accommodation is not provided (on time), the Provider is liable for this and is obliged to pay Homelike and the Customer compensation for damages. In such a case, the Provider shall endeavour to offer the Customer equal or better replacement Accommodation at the same price. However, it is at the Customer’s discretion whether such replacement Accommodation is accepted or whether the booking is cancelled. Homelike also reserves the right to remove the Provider from the Platform in such cases with future effect.


3.4 Condition of the Accommodation and completeness of the description.


The Provider shall ensure that the Accommodation it offers is described accurately and that the information is complete. The Provider must update the accommodation profile without undue delay if there are any changes. Images and other information must mirror the actual condition of the Accommodation at all times. In the event that there are defects and/or the Customer alleges legitimate defects, the Provider is obliged to rectify these and/or provide alternative Accommodation with the described scope of services – if the Customer agrees to this. The Customer’s legal and/or contractual claims remain unaffected. If the total price is reduced, this does not affect the User Fee to be paid by the Provider. This is still measured by the original total price. Furthermore, Homelike does not have access to Accommodation – except in exceptional cases – and/or cannot control Accommodation, even if access is possible by exception. Homelike is not responsible for the condition of Accommodation. To the same extent, Homelike cannot ensure the safety of locks and is not responsible for this. This particularly applies to the loss of items from Accommodation.


3.5 Creating accommodation profiles through Homelike


If an accommodation profile is to be created by Homelike for the Provider, Homelike will endeavour to describe it as best and as accurately as possible. In doing so, Homelike is dependent on information provided by the Provider and accepts photos provided without reviewing them. The regulation from the above-mentioned point 3.4 applies in this respect. If Homelike also uploads Accommodation photos, these are provided to the Provider after being created to view in the accommodation profile. If the Provider does not object to the use of these in writing or by e-mail within 24 hours, the photos, as well as any text and information in the accommodation profile generated by Homelike, shall be deemed to be approved, and Homelike can assume that this accurately describes the Accommodation. In this case, Homelike is not then in any way responsible for the content of the accommodation profile and is not liable for such content. Homelike does not grant and/or assign any intellectual property rights to the Provider for the content created. The Provider is not entitled to use the accommodation profile and/or any photos outside the Platform, unless otherwise agreed between the parties.


3.6 Number of accommodation profiles per home


Only one accommodation profile should be created on the Platform per Accommodation (individual home). Multiple profiles may be deleted by Homelike.


3.7 Contracting to take photos


The Provider has the option to contract Homelike or Homelike partners to take professional photos for the accommodation profile (if applicable, also with the option of further use for own purposes). Details regarding this are based on agreements to be concluded separately. There is no entitlement to this.


3.8 Legal meaning of the accommodation profile


Posting an accommodation profile for Accommodation does not constitute a legally binding offer to conclude a contract with a Provider. This only serves to give Customers the opportunity of sending a booking request. Regardless, deviations from the conditions specified by the Provider in the accommodation profile to the Customer’s detriment are not possible upon later contract conclusion. The booking steps are described in greater detail in point 5.


3.9 Passing on accommodation profiles


Provider accommodation profiles are passed on to one or several potential Customers simultaneously by Homelike using the functionality of the Platform if corresponding requests are made.


3.10 Provider assurances


The Provider assures that it is entitled to lease the Accommodation offered via the Platform in the forms elected, and/or to offer it in a way that does not constitute a breach of any legal obligations. The Provider particularly assures


3.10.1 that it has the relevant authorisation from any owner/main tenant to do so and complies with any provisions under public law and tax law with respect to the rental/transfer (with particular reference to no unauthorised misuse).


3.10.2 that it complies with legal provisions with respect to reporting the accommodation of persons to authorities.


3.10.3 that it correctly issues invoices and/or authorises Homelike to do so.


3.10.4 that it has not breached any agreements concluded with third parties that oppose the renting/use.


3.10.5 that it has not breached any other rights, e.g. copyrights.


Homelike does not review these conditions, but if in doubt, may request corresponding evidence and will remove accommodation profiles at its discretion.


3.11 Indemnification by the Provider


At first request, the Provider shall indemnify Homelike against any claims resulting from missing and/or incomplete information under points 3.2 to 3.4 and/or from the lack of conditions regulated under point 3.10, and/or a breach of corresponding obligations. This also applies to official claims (with particular reference to fines) and includes sufficient costs of legal defence.


3.12 Information in the event of official requests for misuse


The Provider acknowledges that, in accordance with legal regulations regarding the misuse of homes or other legal infringement, Homelike is obliged to provide information relating to the Provider in the event of official requests. Homelike may meet such requests in full and without consulting the Provider.


3.13 Provider liability


The Provider is also liable to Homelike for any damages caused to Homelike from the breach of regulations from this point 3.


4. Services for Customers


4.1 Homelike platform for customers


Homelike provides a Platform in the form of a marketplace to search, request, and book Accommodation. Registered users also have the option of making several booking requests via the Platform and making bookings as regulated in these T&Cs. The number of simultaneous requests may be restricted by Homelike. There are various types of user accounts for consumers and companies that differ in functionality.


4.2 Review option


Customers also have the option of reviewing Accommodation, but only if they have actually stayed there. They are obliged to provide truthful information. Homelike does not review these reviews, but is entitled to delete them at any time without consulting the Customer if it suspects inaccuracies.


5. Contract conclusion/booking content


5.1 Key steps for contract conclusion


The key steps for concluding a contract are outlined in the booking process. There are different booking processes. These are shown to the Customer when booking. The Provider can select the process. Depending on the booking process, a contract is concluded between the parties as follows:


5.1.1 "Standard" booking process


- A Customer sends a non-binding request for an accommodation profile via the Platform. Homelike sends this to the Provider (‘request’).


- The Provider may accept this request within a set period of time, as shown in the booking process. If the Provider does not do this, they are generally rejected by the system and, in certain cases, also manually. Through this process, the Provider makes a binding offer to the Customer to conclude a contract, which the Customer is notified of.


- The Customer can accept this offer within a set period of time which can be seen there. Clicking on the ‘book now with costs’ button creates a binding contract between Provider and Customer under the conditions set by the Provider on the Platform, and also with Homelike. This is how booking and contract conclusion takes place within the meaning of these T&Cs. This can be followed by a virtual ‘signing’, e.g. a ‘contractual document’, as outlined in point 3.2, or otherwise supplemented between the Provider and the Customer. However, contract conclusion is always determined by clicking on the "book now with costs" button.


5.1.2 "Soft booking" booking process


- A Customer sends a binding request for an accommodation profile via the Platform. The Customer has already provided all payment details and possibly also ‘virtually’ signs a contractual document. The Customer then clicks on the ‘book now with costs’ button. This results in a binding offer being made to the Provider, which is sent via Homelike. Homelike sends this to the Provider.


- The Provider may accept this offer within a set time, as shown in the booking process. This results in the conclusion of a contract and a booking. If the Provider does not do this, the offer is generally rejected by the system.


5.1.3 "Instant booking" booking


- The process corresponds with point 5.1.2 – first bullet point – with the exception that by clicking on the ‘book now with costs’ button, a Customer offer has already been made to conclude a contract, which can then be accepted only automatically. The offer can no longer be rejected, however, by the Provider. If the Provider selects the ‘Instant booking’ process for its Accommodation, Homelike always accepts as guaranteed the Provider’s availability information in the log-in area or via the calendar interface. This means that bookings cannot be rejected retrospectively if Accommodation is no longer available for the booked period at the time of booking. In addition, point 3.3 applies.


5.2 Exclusion of suppliers and customers


Homelike reserves the right to temporarily or permanently remove Providers and Customers who repeatedly fail to respond by the set deadline in the booking process.


5.3 Unlimited contractual relationship / § 550 German Civil Code (Bürgerliches Gesetzbuch, BGB)


Providers acknowledge that where Section 550 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) applies, contracts for more than one year may lead to an unlimited contractual relationship if they have not been concluded in writing.


5.4 Legal nature of the contract


The legal nature of the contract concluded between the Customer and the Provider is based on its content. It therefore does not have to be a ‘rental agreement’ within the meaning of the BGB; it can also be an Accommodation contract or another type of contract. Provided that Homelike is not the Provider, it shall not be the contractual partner with respect to bookings for Accommodation on the Platform. Instead, it is solely a service provider that facilitates contract conclusion via the Platform. As such, the only contract concluded with Homelike is a contract that relates to the provision of services to use the Platform for bookings for a fee – if applicable.


5.5 Conditions of the contracts and sample contract/liability for the sample contract


The conditions of bookings are negotiated solely between the Provider and Customer, who are responsible for handling any formalities relevant to contract conclusion (form, contractual text, country-specific provisions, etc.). Homelike shall provide online conclusion options and, if applicable, sample contracts, which Customers and Providers can use to conclude a contract. These sample contracts should only be used as an aid for the parties and are in no way intended to represent a comprehensive contract. Homelike hereby does not give legal advice. In particular, it does not take country-specific/regional distinctions into consideration in any case. Homelike also offers, as part of the booking process, the option of providing and concluding agreements for a contractual relationship online by using sample contracts in the form of contractual content or Accommodation terms and conditions. Solely the Provider and the Customer are obliged to check whether this process is sufficient for the legal provisions for concluding rental agreements/making bookings within the meaning of these T&Cs under the respective legal framework. The Provider may use its own property-related general terms and conditions or contracts for the Accommodation it offers. Providers may change the regulations in these T&Cs, but are not permitted to contradict them in material parts. Cancellation regulations (point 7) and Homelike fees (point 12) remain unaffected in any case.


5.6 Importance of the accommodation profile content


The content of the accommodation profile is otherwise key for the content of the contracts concluded between the Customer and the Provider. Solely the Provider is obliged to review its accommodation profile to ensure it is accurate and up-to-date before contract conclusion as well as on an ongoing basis, and to update this as required. Inaccurate content can become a contractual object in the booking process and the Provider must be able to provide this if applicable.


5.7 Tax obligations


Solely the Provider is obliged to meet any tax (contractual) obligations. Homelike does not carry out any billing for the Provider. The Provider is obliged to provide the Customer (with particular reference to companies) with a proper invoice for the fee/price to be paid for the booking, and to properly show any VAT where applicable, including a notice stating that payment collection/payment is made via the Homelike system.


6. User data


6.1 Scope of use


Users may not use addresses, contact details and e-mail addresses obtained by using the Platform for any purposes other than contractual communication. It is particularly not permitted to pass data on to third parties or to use it to send adverts. Users explicitly allow the disclosure of information from their user profiles to the respective (potential) contractual partner, i.e. the Customer or the Provider. Users guarantee compliance with all provisions under data protection law (with particular reference to the GDPR). Furthermore, Homelike’s privacy policy applies.


6.2 Responsibility


Users are responsible for any data they receive via the Platform within the meaning of the General Data Protection Regulation.


7. Cancellation policy


7.1 Ordinary cancellation options


Both Customer and Provider can cancel bookings made under certain circumstances. The Provider provides cancellation policies during the booking process and in the accommodation profile (collectively ‘Cancellation Policy’). The Provider has the option of agreeing its own Cancellation Policy, choosing standard Homelike cancellation terms, or choosing cancellation terms specifically given by the Provider itself. In addition, the cancellation terms outlined below in points 7.2 to 7.3 apply.


7.2 Other cancellation terms for the Provider before the date of the stay/before the move-in date:


The Provider may extraordinarily cancel the booking before the Customer’s stay/move-in date if the Customer has already failed to meet its obligations (with particular reference to paying the fee and, if applicable, the deposit, but also if the Customer has inaccurately stated the number of residents) in advance, or else immediately after moving in, or if the Customer does not fulfil other integral parts of the contractual relationship, as outlined in the booking confirmation. In this case, the Customer remains obliged to pay the fee for the first month to the Provider – despite cancellation – and this amount can be withheld by Homelike if already paid.


7.3 Extraordinary cancellation terms before the Customer’s stay/before the Customer moves in


The Customer may cancel the booking prior to the stay/prior to moving in if the Provider does not comply with/meet contractual conditions for the contract being concluded and the contract is therefore terminated, in which case any payments must be refunded by the Provider, who also must pay the Service Fee.


7.4 Form of Cancellation


Both the Customer and the Provider must request cancellation in writing or by e-mail via Homelike. To do so, they must contact Homelike Customer Service in writing or by e-mail at support@thehomelike.com, from the e-mail address registered with Homelike, and stating the booking code. Homelike then passes on the cancellation to the respective other party. Cancellations are valid only if they have been confirmed by Homelike by e-mail.


7.5 Consequences of cancellation with respect to User Fees and Service Fees


In the event of a cancellation, User Fees and Service Fees to be paid to Homelike always remain unaffected by the matter and are due regardless of whether the booking is cancelled or not, whereby Homelike may reduce the amount or refrain from making a claim at its discretion and taking into account the circumstances that resulted in the cancellation.


7.6 Withheld amounts by Homelike


If money from the contractual relationship between the Customer and the Provider is retained in Homelike’s systems (or those of Homelike’s payment service provider), Homelike is entitled to directly withhold from this amount any User Fees or Service Fees due to Homelike.


7.7 Other rights


Legal rights of revocation remain unaffected by the cancellation terms.


8. Problems/uncooperative behaviour


8.1 Approach for complaints


If the Customer encounters unforeseeable problems or defects with the Accommodation or the Provider immediately after arriving at the booked Accommodation, he or she may submit a complaint within 24 hours of arriving. The Customer must send complaints to the Provider and Homelike in writing (e-mail is sufficient) and these must include a specific description of the problem. In this case, Homelike will endeavour to reach an amicable solution. If both parties mutually agree to a formulated solution, the complaint is resolved. However, Homelike cannot guarantee that an agreement will be reached. With respect to User Fees, cancellation regulations from point 7.5 apply accordingly.


8.2 Provider duty of cooperation


The Provider is obliged to support Homelike as best as it can if the Customer is being uncooperative (particularly with respect to any of the Customer’s payment obligations, if there are any) and in particular, pass on messages or otherwise provide support. In any event, no claims against Homelike can be filed if the Customer has caused damage or has not paid.


8.3 Claims arising from contractual relationships between provider and customer


The users recognise that any claims from contractual relationships with respect to Accommodation are always between the Provider and the Customer and can be asserted only in this relationship.


9. Exclusivity and circumvention


9.1 Processing via the Platform


The Provider and the Customer are obliged to process any services from the booking exclusively via the Platform. Agreements outside the Platform are regarded as circumvention.


9.2 Circumventing booking and payment processes.


Users are not permitted in particular to circumvent the booking and payment processes regulated under points 5 and 12, with special reference to User Fees and/or Service Fees. If users conclude a contract relating to the use/rental of Accommodation posted on the Platform outside the Platform (‘circumvention’), Homelike still has a claim to payment for User Fees/Service Fees. A simple payment between the Customer and Provider outside the Platform does not constitute circumvention. Circumvention is assumed if the Customer and the Provider agree on booking a property other than that on the Platform if contact was established via the Platform (and the parties then agree on another property). The latter type of circumvention is not prohibited, but does trigger a claim for payment of User Fees/Service Fees that are also based on the booking period and as if the booking was made via the Platform. In this case, the Provider is obliged to disclose bookings made to Homelike in full so that Homelike can base its calculations on this. If the Provider does not do this, Homelike will ask the Customer for information. If Homelike is unable to obtain information from the Customer, Homelike is entitled to estimate User Fees to be paid at its reasonable discretion. The same applies with respect to the Service Fee to be paid by the Customer.


10. Content/rights of use


10.1 Granting rights of use


By uploading content, the Provider permits Homelike to display it on the Platform and to use it for advertising purposes in connection with the Platform (e.g. online/TV/newsletter/print/posters, etc.) and grants the corresponding rights of use to Homelike. This particularly includes the right to use content (with particular reference to photos) without restriction, including for adverts on other real estate portals.


10.2 Prohibited access methods


Content offered via the Platform is protected by copyright law. The Platform is regularly accessed and used by natural persons (or employees of a legal entity) via a web browser. The use of technology such as spiders, web crawlers or similar programs, where the purpose is not simply to index content but to retrieve and save Platform content en mass, is prohibited. This also particularly applies to technology that uses ‘screen-scraping’ to enable services and third-party services.


10.3 Right to deletion upon termination of the contract


If the user agreement is terminated under these general terms and conditions – regardless of grounds – Homelike is entitled to delete all user content. There is no obligation to forward it/hand it over, etc.


11. Measures for unlawful conduct by users and/or conduct by users in contravention of the contract/indemnity


11.1 Extraordinary termination by Homelike/virtual domiciliary rights


If a user breaches these T&Cs, Homelike is entitled to extraordinarily terminate the user agreement with immediate effect and/or use its virtual domiciliary rights. Accordingly, Homelike may ban the user concerned from using services, delete content it uses, or take other measures within the meaning of point 11.3. Homelike reserves the right to pursue the right to obtain an injunction and claims for compensation, including in court.


11.2 Deletion and refusal to record content


Homelike does not review published content. If applicable law or regulations of these T&Cs are breached, Homelike is entitled to refuse to accept content, to immediately delete and lock content in whole or in part, and to immediately delete the pages and any reference to those pages.


11.3 Homelike measures


If the user breaches legal provisions, infringes third-party rights or breaches the T&Cs, or if Homelike has another legitimate interest in doing so, and besides the right to terminate the contract without notice, Homelike reserves the right to:


11.3.1 issue a warning to the user;


11.3.2 delete offers or other user content;


11.3.3 restrict the use of the Platform for the user;


11.3.4 temporarily or permanently completely lock the user out of the Platform (blocking); and


11.3.5 initiate other legal steps (such as repayment of criminal charges).


When deciding on the measure to be taken, Homelike takes into consideration the legitimate interests of the user concerned, as well as the circumstances of the breach, with particular reference to the degree of culpability.


11.4 Ban on new registration after being removed


Once blocked by Homelike, the user cannot register with another user account, use services through another use account, or re-register.


11.5 Effects on current contracts


Bookings that the user has already made with other users remain unaffected by offers being deleted. The same applies to claims for payment of User Fees and/or Service Fees that are already due. If the offer is deleted by Homelike before the user accepts, no valid booking is deemed made.


11.6 Indemnification of Homelike by users


In the event of infringement by users, users shall indemnify Homelike from any claims from other Customers/Provider and/or third parties in relation to these infringements at first request. This includes reasonable costs of legal defence. In addition to general infringements of third-party rights, this indemnification particularly includes, but is not limited to, (i) infringement by users as a result of inaccurate profile information, (ii) infringement based on content from information/Accommodation descriptions uploaded by the Provider and (iii) infringement based on Customer reviews and (iv) claims asserted against Homelike due to defective Accommodation and (v) claims from bookings asserted against Homelike, for example particularly payments not paid, breaches of contract by Customers, and damages caused to properties or the Customer’s belongings (vi) damages in Accommodations caused by Customers or third parties.


12. Service processing (payment process, fees, invoicing)/Homelike fees


12.1 Fee and payment deadline


The total price shown in the booking process is based on the fee agreed between the Provider and the Customer (including VAT and other applicable local taxes and charges) for the use of the Accommodation (Accommodation price when making the booking); any other agreed fees shown in the accommodation profile, provided that these are included in the total price; and the Service Fee, i.e. the Customer fee payable to Homelike. The total price is shown to the Customer in the booking process before the booking is made. Homelike will again notify the Provider and the Customer of the total price and any pricing components once the booking has been made and will show the User Fee separately to the Provider. The User Fee (for Providers) and the Service Fee (for Customers, if one is due) is due for payment to Homelike immediately after the booking is made. The Service Fee due is shown to Customers and the User Fee to Providers in the booking process or in the accommodation profile, and the Customer and the Provider agree to paying the Service Fee or User Fee when making the booking. In the ‘Instant booking’ booking option, due to the shorter booking process the exact User Fee to be paid to the Provider may not be calculated. As a result, the bases of calculation are shown when uploading the accommodation profile for this booking type.


12.2 Changes to the Service Fee/User Fee


Homelike reserves the right to change the Service Fee and User Fee amounts at any time with future effect. Contracts already concluded remain unaffected.


12.3 Payment methods


The Customer has various payment options to make bookings with Homelike and to make the payment shown as due to the Provider, and to pay Service Fees. Unless otherwise shown in the booking process, the full monthly instalment of the fee to be paid (e.g. rent) is due for payment on the first day of the stay. Other monthly payments are generally made directly to the Provider by the Customer outside of Homelike. The option to fully process all payments due via Homelike (and/or the payment service provider) may be agreed at the Customer’s request (or as part of a separate service package). In this case, the Provider will receive all monthly payments via Homelike, but only if the Customer has actually paid. In no event does Homelike take on a debt collection guarantee, i.e. payment processing via Homelike does not mean that the Provider can trust that the Customer will actually make payments. Homelike is therefore not obliged to pay compensation if the Customer defaults on payment.


12.4 Homelike payment service provider


For online payment methods Homelike works with an online payment service provider. The payment service provider collects the price and any Service Fees due through Homelike via the Customer’s payment method in the name of the Provider and holds the amount in a non-interest-bearing escrow account for the Provider. To do so, the Provider must set up an escrow account with the payment service provider. If the debt is not collected, the Customer must pay any additional charges. This does not apply if the Customer did not cause the payment error. Otherwise, the T&Cs/terms of the respective payment Provider chosen apply (see point 15.9).


12.5. SEPA notification deadlines


SEPA pre-notification deadlines are shortened to one day.


12.6. Partial advance payment


The Customer agrees that the payment service provider will transfer the due amount shown (generally the full monthly instalment/a full monthly fee) to the Provider at the start of the booking and debit this within a reasonable time before the collection date via the payment method given at the time of booking.


12.7. Refund in the event of non-arrival


If the booking does not take place as planned, Homelike will check if the payment is refundable to the Customer, if applicable. This is based on the cancellation policy agreed between the Customer and Provider or set out by Homelike and on the cancellation regulations under point 7. Homelike shall work towards repayment in line with the contract.


12.8. Payment defaults and Homelike liability


Should there be any general payment defaults by the Customer, or should the Provider refuse to repay the amount collected, Homelike shall not be liable for this. In this case, Homelike is not liable to repay any amounts to the Customer or the Provider. Users also consent to the payment of User Fees and Service Fees to Homelike in such a way that the payment Provider transfers the corresponding amount (in several instalments, if applicable) to the payment service provider’s escrow account via the user’s payment method, and from there to a Homelike business account. This applies both to the Provider as well as the Customer.


12.9. Offsetting against Homelike


User receivables can be offset against Homelike only if such receivables are due at the same time and have been legally established or are undisputed.


12.10. Invoicing for User Fees


On request, Homelike will issue invoices for User Fees to Providers, or invoices for Service Fees to Customers.


12.11. Tax obligations


Unless refuted, it is assumed that the user is aware of its (VAT) obligations under tax law and duly meets them, provided that Homelike has not been notified otherwise. Homelike reserves the right to request evidence of the business or private capacity as a user (Provider or Customer), where the user is obliged to disclose its capacity as a company with respect to suitable characteristics, e.g. VAT ID number.


12.12. Services outside of Homelike’s scope of services


The Provider may charge fees for additional services outside the Platform that are not a mandatory integral part of the monthly fee in accordance with these T&Cs. This does not constitute circumvention. The Provider must provide information relating to such costs before the contract is concluded (with particular reference to information contained in the accommodation profile or in the terms of contract). Such costs are not part of the User Fee and/or Service Fee calculation.


12.13. List of payment service providers used


The T&Cs of payment service providers used by Homelike also apply to payment processes. They can be found here.


13. Rights of revocation against Providers


Existence of a right of revocation


Consumers that conclude contracts via the Platform have rights of revocation, where applicable. Providers are obliged to inform Customers of existing rights of revocation. If and provided that a contract has been concluded between the Customer and the Provider via the Platform relating to a residential lease and not an Accommodation contract or a service contract, that the Customer has not previously viewed the property and that the Provider is a business person, Customers who are consumers have legal rights of revocation under German law, whereby the above-mentioned conditions must be cumulatively met.


14. Rights of revocation against Homelike


14.1 Conditions


If the user is a consumer, he or she also has a legal right of revocation against Homelike (see link for revocation notification). In the booking process and at the time of booking, the user concludes a contract with Homelike for the provision of services within the meaning of these T&Cs for a fee. However, by concluding the contract between the Provider and the Customer, these services have already been provided in full at the request of the user, i.e. the contract has been performed in full and, as such, the right of revocation has expired. In general, the right of revocation then applies to Homelike in accordance with the following point 14.2. However, this has already expired. This also applies to service packages purchased by a consumer, where the contract is generally not performed in full in this case.


14.2 Right of revocation


You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day. To exercise the right of withdrawal, you must inform us (Homelike Internet GmbH , Hansaring 97, 50670 Köln, Tel.: +49 221 988 611 88, Email: support@thehomelike.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.


Effects of withdrawal


If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.


15. Deposit


15.1. Evidence of the deposit


The Provider may ask for a deposit in booking Accommodation. In this case, it is absolutely necessary that the Provider shows deposit information, with particular reference to set amount, in the accommodation profile in advance.


15.2. Processing the deposit


Deposits are generally processed directly between the Customer and Provider outside the Platform unless otherwise agreed, such that Homelike is neither responsible for deposit administration nor any deposit receivables. This does not constitute circumvention.


16. Term, termination or the user agreement under these T&Cs


16.1 Term of the user agreement relating to the Platform


After registration, the user agreement is concluded for an indefinite time.


16.2 Termination by the user of the user agreement relating to the Platform


Users can terminate this user agreement at any time without complying with a notice period. To declare termination, simply send a message to Homelike in text form (e.g. letter, fax, e-mail, to support@thehomelike.com). Bookings made by the user with other users remain unaffected by the user agreement being terminated. The same applies to claims for payment of User Fees and/or Service Fees already due.


16.3 Termination by Homelike of the user agreement relating to the Platform


Homelike may ordinarily terminate the user agreement at any time with a notice period of two weeks.


16.4 Extraordinary termination and blocking


The right to blocking and the right of termination for good cause remains unaffected by this.


16.5 Contracts between users upon termination


The termination of the user agreement does not affect any contracts between the Provider and the Customer.


17. Homelike liability


17.1. Contracting partner review


Each user must independently review the identity of their respective contracting partner. Homelike cannot guarantee the accuracy of the contact details provided on the Platform, other user data and content, and does not review them.


17.2. Homelike liability/limitation of liability


In accordance with legal regulations, Homelike is liable without limitation for damages caused by Homelike, its employees and agents either intentionally or as a result of gross negligence, where defects are fraudulently concealed, where a guarantee is explicitly assumed, and for damages resulting from injury to life, limb or health.


17.3. Other damages


For other damages Homelike is liable only for a breach of duty the fulfilment of which would have enabled proper performance of the contract in the first place, and on compliance with which the contracting partner may regularly rely (cardinal duty). The obligation to pay compensation for damages is limited to damages that are considered to be typical for the contract and damages that are foreseeable. Any liability under product liability law (German “Produkthaftungsgesetz”) remains unaffected.


17.4. Exclusion of liability


Otherwise, Homelike liability is excluded.


17.5. Homelike liability/guarantee for contracts between Customers and Providers


Homelike assumes no guarantee and/or liability for services under, and the legality of, contracts concluded between Customers and Providers relating to Accommodation, and particularly not for the condition of Accommodation, as Homelike (unless otherwise explicitly agreed) is not the contracting partner for bookings, and nor are Providers and/or Customers of Homelike agents and/or assistants.


17.6. Homelike liability for third-party Providers


Homelike is not liable for services that third-party Providers assume in the process of concluding a contract between a Customer and a Provider, unless this relates to Homelike agents (Erfüllungsgehilfe) and/or assistants (Verrichtungsgehilfe).


18. Recommendations


Homelike recommends that Providers insure their Accommodation accordingly.


19. Final provisions


19.1. Applicable law


The law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), applies to Homelike services offered on the Platform, provided that this is legally permissible and it is not mandatory to apply another law. The law agreed in the relationship between the Customer and the Provider, or the law applicable in accordance with mandatory provisions, applies to bookings. Any special regulations can be found in point 23.


19.2. Transfer to third parties


Homelike is entitled to transfer its rights and duties from this contractual relationship to a third party in whole or in part.


19.3. Place of jurisdiction


If the user is a trader, legal entity under public law or a special fund under public law, Homelike’s exclusive place of jurisdiction for any disputes arising from this contract shall be Cologne. The same shall apply if the user does not have a general place of jurisdiction or a place of residence in Germany, or the habitual place of residence is unknown at the time action is brought forward. Provisions are subject to German law and should be interpreted in accordance with the legal understanding in Germany.


19.4. Language versions


For entrepreneurs /company the following applies:


Versions provided in any other language are for informational purposes only and are not an integral part of the legal transaction. If there are deviations between the German and foreign language versions, only the German version shall apply.


19.5. Applicable to providers in the United Kingdom:


The provider acknowledges that it is the provider's legal responsibility to ensure that the Tenant/Occupier is able to rent and/or legally occupy the Property, whether the provider, customer or Occupiers name appears in the Tenancy Agreement or not. The provider (or those so properly authorised) shall verify and retain the necessary documents legally granting the customer (and all adult occupiers) the right to rent in the United Kingdom. In the event that the customer (or any adult occupier) is not entitled to rent in the United Kingdom, the provider (and its authorised agents) may be subject to criminal and/or civil proceedings and penalties for approving and permitting occupation of the Property. The provider (and/or those authorised to carry out checks on its behalf) acknowledge that HOMELIKE is not responsible for and will not be held liable for any failure to carry out the required right to rent checks or verifying of the customer (and any adult occupiers) documentation. For more information visit: https://www.gov.uk/check-tenant-right-to-rent-documents/who-to-check


Cologne, 11.02.2019



Terms and Conditions for Use of the Homelike Online Platform with respect of Apartments located in France

 

Date: 1st October 2019

 

The www.thehomelike.com platform is offered by Homelike Internet GmbH, a company incorporated under German law whose registered office is located at Hansaring 97, 50670 Cologne, Germany, with a capital of € 77,159, and registered with the Paris Register of Commerce and Companies under number 853 307056 (hereinafter “Homelike”).

 

  • Directors of the publication: Mr Dustin Lutz Figge and Mr Christoph Johannes Kasper

 

  • Intra-community VAT number: DE 298 593 148

 

  • Email: support@thehomelike.com

 

  • Telephone number: +49 221 988 611 88 

 

  • The website www.thehomelike.com is hosted by Amazon Web Services, Inc. P.O. Box 81226, Seattle, WA 98108-1226, USA;; telephone number:+1 (206) 266-4064.

 

Important terms:

 

Provider: person or company that offers Accommodation via Homelike

 

Customer: person or company that books Accommodation via Homelike

 

Consumer: any Provider or Customer who is a natural person and who acts for purposes that do not fall within the scope of his or her commercial, industrial, trade, technical or agricultural activity or his or her professional activity

 

User: combined term for Providers and Customers

 

Booking: conclusion of a contract for the rental of Accommodation for a set or unlimited period of time

 

Services: intermediary service provided by Homelike as described in point 2.2 of this document

 

Accommodation Profile: the presentation and description of Accommodation on Homelike as made by the Provider and which must include photos, the rental conditions (including the price), and the availability calendar

 

Platform: the Homelike portal, which is available online at www.thehomelike.com, and its mobile versions (e.g. applications)

 

Professional: any Provider or Customer who acts for purposes within the scope of his or her commercial, industrial, trade, technical or agricultural activity or his or her professional activity

 

User Fee(s): the fee payable to Homelike by the Provider

 

Service Fee(s): the fee payable to Homelike by the Customer

 

Accommodation: property (apartment, furnished Accommodation or other type of Accommodation) offered for rent via Homelike

 

Cancellation: rescission or termination of a rental contract before the Customer arrives at the Accommodation

 

  1. Scope of application and description of the “Homelike” Platform

 

1.1 Scope of application

 

These general terms and conditions (hereinafter referred to as “T&C”) apply to the use of the online Platform www.thehomelike.com and its mobile versions (e.g. applications) (also referred to as the “Platform”) of Homelike Internet GmbH, Hansaring 97, 50670 Cologne, Germany (hereinafter: “Homelike”).

 

Certain provisions of these T&C are only applicable to Users who are considered Consumers, and other provisions to Users who are considered Professionals. These provisions are preceded by the words “for Consumers only” or “for Professionals only”.

 

1.2 Possible uses

 

Users can conclude a Booking between themselves using the Platform. In doing so, unless otherwise indicated, Homelike does not act as a Provider, but only provides a technical service that allows for the conclusion of a contract between the Users.

 

1.3 Changes to these T&C

 

Homelike reserves the right to update these T&C in the future and to include them in the contractual relationship with the User, if such adaptations prove necessary due to changes in the legislation/legal or statutory rulings, changes in the market conditions or to the currency conversion conditions, and only for those parts of these T&C that are affected by such changes or changes in circumstances. These changes will only become an integral part of the contract if the User agrees to them or does not object to them within six weeks of having been notified of these changes. For such notification, it is sufficient for Homelike to send the new version of the T&C to the User at the email address provided by the User for notification purposes. This email must contain a specific note detailing the consequences/importance of the User’s conduct. If the User does not object to the inclusion of the aforementioned changes to the T&C in the contractual relationship within six weeks, consent is considered to have been given. It is not possible to object to changes if such changes only benefit the User or if they are neutral.

 

In all other cases, the inclusion of changed T&C in the contractual relationship with the User is only possible with the User’s consent.

 

1.4 Functioning of the Platform

 

  • Conditions of listing:

For a Provider’s advertisement for Accommodation to be listed on the Platform, it is necessary for the following conditions to be fulfilled:

(i) The Provider must be registered on the Platform according to the conditions stated in point 2.1;

(ii) The Provider must provide an Accommodation Profile in accordance with these T&C;

(iii) The Provider must create an account with Homelike’s payment service provider (Stripe) via the Platform; and

(iv) The Provider must be legally entitled to let the Accommodation, which Homelike reserves the right to check at any time.

A Provider’s advertisement may be de-listed in the following cases:

[(i) The Provider is to be excluded from the Platform because it fails to fulfil its obligations under these T&C, for example, its obligation to truthfully state the availability of the Accommodation at all times in accordance with point 3.3 below.

(ii) It is established that the Provider is not legally entitled to rent the Accommodation on the Platform.

(iii) The Provider has repeatedly failed to comply with the obligation to respond to the Booking Requests of the Customer within the specified time limits.

(…) to be completed with any other obligations which breach would result in the Accommodation offers being de-listed]

Advertisements can be scheduled by both Providers who are Professionals (Professional Provider) and Providers who are Consumers (Consumer Provider). Posing as a Consumer Provider when the Provider is actually a Professional is punishable by an administrative fine of € 15,000.

  1. Classification:

Each offer for Accommodation is classified according to its location, surface area, availability at the chosen dates, furnishings, number of rooms, number of inhabitants and its price.

(c) Obligations of Consumer Providers

Homelike informs Consumer Providers who carry out transactions through Homelike, regardless of their place of residence or establishment, that they must declare all income gained from the use of the Platform to the territorially competent tax and social security authorities according to the formalities and deadlines specified by these authorities. Consumer Providers accept full responsibility for complying with all laws, regulations, rules or tax obligations applicable to any rental property advertised on this site.

In this respect, each year, Homelike sends Consumer Providers a document in electronic format summarising the gross amount of transactions received by these Providers during the previous year, of which Homelike is aware.

Homelike declines any responsibility with regard to the requirements to which the Providers are subject.

Homelike invites Consumer Providers residing for tax purposes in France to visit the following sites:

• https://www.impots.gouv.fr/portail/node/10841 (regarding tax obligations) and

• http://www.securite-sociale.fr/Vos-droits-et-demarches-dans-le-cadre-des-activites-economiques-entre-particuliers (regarding social security obligations)

in order to be informed of the information relating to (i) the French tax and social security regulations applicable to income from the rental of furnished Accommodation, (ii) the resulting reporting and payment obligations to the tax authorities and the authorities responsible for the collection of social security contributions, and (iii) the penalties incurred in the event of failure to comply with these obligations.

 

  1. Homelike Services/registration/functions of the Platform

 

2.1 Registration

 

Registration is required in order to actively use the Platform. Accounts are activated after they have been confirmed by Homelike. Users undertake to provide truthful, current and complete information when registering, in accordance with the instructions on the registration form, and to always keep their data on the Platform up to date. Homelike reserves the right to verify the Users’ profile information, but does not do so on a proactive basis. Accounts are non-transferable. Users can be legal entities or natural persons. In particular, companies may use the Services of the Platform on behalf of third parties/employees. When registering, Users must provide particularly truthful as to whether they are a Consumers or Professionals, and must provide the mandatory declarations in this regard (in particular, provision of a tax identification number/VAT number for Professionals).

 

2.2 Overview of Services (hereinafter referred to as “Services”)

 

After registration, Homelike offers Users the technical service of an online Platform on which Providers are able to present Accommodation. A User can also search for suitable Accommodation as a Customer and, after registering on the Platform, send one or more Booking Requests to Providers via the Platform (“Booking Request”). The contractual relationship relating to the use/rental of the Accommodation can be concluded directly on the Platform, and this is also where the payment is also made (“Conclusion of the Contract”, while the complete process leading to the Conclusion of the Contract is referred to as “the Booking”). Homelike also receives a fee for concluding the contract. The Platform provides you with sample contracts which you are free to use or not. The Provider and the User are free to conclude the type of rental contract of their choice between themselves subject to the relevant legal regulations. Homelike will not verify the type of contract entered into between Providers and Users and will not review any changes made to the standard contract. Homelike shall in no event be held liable for any failure by the Provider and/or the User to comply with such legal and regulatory obligations or for any changes that are made to the proposed contracts.

 

As a general rule, Homelike does not offer its own Accommodation and, as a service Provider, only offers Users the Services of an intermediary for the purposes of concluding a contract. If, in special cases, Homelike itself were to act as a Provider, Homelike would then be the “Provider” within the meaning of these T&C.

 

FOR PROFESSIONALS ONLY: Where the Provider or the Customer is a Professional, the Professional is responsible for the ensuring that the contracts that are concluded comply with the applicable law.

 

2.3 Reservation of availability and further development

 

Homelike endeavours to ensure that Services are always available. Maintenance work, further development or disruptions may limit or temporarily interrupt the possibilities of use, however. In these cases, Homelike takes into account the legitimate interests of Users regarding the availability by informing them in advance.

 

2.4 Service Fees

 

Any Service Fees that Customers are required to pay are shown to the Customer during the booking process. In the event of a Booking (as described in these T&C), the Customer is liable to pay Homelike a remuneration in the form of a Service Fee for the provision of Services in this context. In many cases, the Service Fee also includes insurance (the existence of insurance is shown to Customers during the Booking process, depending on the location of the Accommodation). The Service Fee is shown to Customers during the booking process (see points 3.2 and 12). The amount is calculated according to the period for which the Accommodation is actually booked and totals, unless otherwise agreed, to a percentage of the monthly amount to be paid/of the monthly rent. During the booking process, the Service Fee which is due is shown for the selected period and is due at the time of payment. As it is often the case that periods cannot be clearly determined in advance, the actual Service Fee to be paid is based on the closing effective duration of the contract. The Customer and Homelike may agree to different provisions. Overpayments will be refunded, unless otherwise agreed, and additional payments will be required in the event of underpayment. In the event that a booking period ends early due to circumstances for which the Customer is responsible, such as misconduct by the Customer in the Accommodation, or if the Customer’s behaviour infringes the terms of the contract, the overpayment will not be refunded and is lost.

 

2.5 User Fees

 

The publication of Accommodation offers is free of charge for Providers (subject to chargeable Services in this context, such as the creation of photos). In the event of a Booking (as described in these T&C), the Provider is liable to pay Homelike a remuneration in the form of a User Fee for the provision of Services in this context (for details see point 12). The User Fee also includes insurance. Providers are shown the User Fee in an appropriate place, and it corresponds to 14.4% of the total price of the Booking including all taxes (see points 3.2 and 12). The amount is calculated according to the period for which the Accommodation is actually booked and totals a percentage of the monthly amount to be paid/of the monthly rent. The User Fee is initially payable upon payment for the initially chosen period. As it is often the case that periods cannot be clearly determined in advance, the actual User Fee to be paid is based on the closing effective duration of the contract. Overpayments will be refunded, unless otherwise agreed, and additional payments will be required in the event of underpayment. If a booking period ends early due to circumstances for which the Provider is responsible, such as defects in the Accommodation, if the Provider’s conduct infringes the terms of the contract or the T&C, or if the Provider accepts an extraordinary and early termination of the contract to which the Customer was not entitled, the overpayment will not be refunded and is lost.

 

2.6 Optional Service Package

 

Customers who are not charged a Service Fee also have the option of paying for a Service Package, the terms of which are available at https://www.thehomelike.com/fr/business-2/packs-de-prestations/ (“Service Package”) and which, in addition to specific customers service, also includes insurance Services, the terms of which are available at https://www.thehomelike.com/fr/assurance/. The available packages are shown to Customers during the booking process and can be selected and purchased there. If you have any further questions about the Service Packages, please contact support@thehomelike.com.

 

  1. FOR PROVIDERS ONLY: Services for Providers/Provider liability

 

3.1 Publishing of Accommodation Profiles

 

The Homelike Platform allows Providers to publish the Accommodation Profile on the Platform (e.g. photos, rental conditions, availability calendar, etc.). The Provider is obliged to provide truthful information in Accommodation Profiles, to comply with all legal provisions, and to avoid breaching third-party rights (with particular reference to copyrights). The Provider is furthermore obliged to review the Accommodation Profile for the currency and content-related accuracy regularly and before the Conclusion of the Contract, as this becomes the legal content of the Booking. Homelike is under no obligation to change Accommodation Profiles.

 

3.2 Minimum Accommodation Profile requirements

 

The Accommodation Profiles must include, at the least, the mandatory fields indicated as such and the total monthly price. In all cases, the total monthly price must include and indicate separately the operating costs for electricity, water, heating and other related rental charges, as well as all taxes payable, such as value added tax and other local taxes and applicable charges. The profile must also include other price elements, such as cleaning fees, washing machine fees, parking fees or additional Services. The additional fees payable should be presented on a transparent basis in each case. In addition, legally required information, such as energy certificates and technical information, must be provided on a complete and correct basis. The furnishings included in the Accommodation must also be described and listed, as well as the possible requirement for a security deposit in accordance with the applicable law and the regulations. The Provider shall not charge any fees, commission or other payments to the Customer above the total price stated on the Accommodation Profile – with the exception of the Service Fee payable to Homelike as specified by the system in the booking process, depending on the duration of the Booking. This excludes costs of additional services (e.g. hospitality services) beyond the actual Booking, or possible deposit payments that are not an integral part of the overall price which is stated. It must also be possible to consult all the documents and conditions of the contract in their entirety before the Conclusion of the Contract, and at the latest at the time of the Conclusion of the Contract according to the conditions that are specified below in point 5. Using the Platform, Providers are able to upload contractual documents for the purpose of concluding contracts with Customers. The details regarding the Conclusion of the Contract are set out in point 5.

 

3.3 Availability

 

The Provider guarantees that he or she will indicate the availability of the Accommodation in a correct and truthful manner at all times. He or she will update the availability immediately in the case of any changes. If inaccurate availability details result in a Booking being cancelled, or if the Accommodation is not provided (on time), the Provider is liable for this and is obliged to pay Homelike and the Customer the appropriate compensation for damages. In such a case, the Provider shall endeavour to offer the Customer equal or better replacement Accommodation at the same price. However, it is at the Customer’s discretion as to whether such replacement Accommodation is accepted or whether the entire Booking is cancelled. In such cases, Homelike also reserves the right to remove the Provider from the Platform with future effect.

 

3.4 Condition of the Accommodation and completeness of the description.

 

The Provider shall ensure that the Accommodation he or she offers is described accurately and that the information is complete, and that he or she will update the Accommodation Profile without undue delay if there are any changes. Photos and other information must reflect the actual condition of the Accommodation at all times. In the event that there are defects and/or the Customer alleges legitimate defects, the Provider is obliged to rectify these and/or, with the agreement of the Customer, to propose alternative Accommodation including the Services offered. The Customer’s legal and/or contractual claims remain unaffected. If this results in a reduction in the total price, this shall in no way affect the amount of the User Fee to be paid by the Provider. This will continue to be calculated on the basis of the original total price. In addition to this, except in exceptional cases, Homelike does not have access to the Accommodation and will not and does not have any control over it, even if it is possible to access it on an exceptional basis. Homelike is not responsible for the condition of the Accommodation, except in the event that it is the Provider. Similarly, Homelike is not in a position to guarantee the security of the locks and does not assume any liability in this respect. The above clause applies in particular should items of property disappear from the Accommodation.

 

3.5 Creation of Accommodation Profiles through Homelike

 

If Homelike creates Accommodation Profiles on behalf of a Provider, Homelike will endeavour to provide the best and most accurate description possible. In doing so, as a technical service Provider, Homelike is dependent on the information provided by the Provider and will use the photos provided without verification. The obligations of the Provider, as provided for in point 3.4, as well as in the appendix hereto with regard to the legal and regulatory obligations relating to the rental of the Accommodation, also apply in this context. If Homelike also downloads photos of the Accommodation, they are made available to the Provider in the Accommodation Profile, who can view them there. If the Provider does not object to their use in writing or by email within 24 hours, the photos are considered to have been approved, as well as the texts generated by Homelike and the other information in the Accommodation Profile. Homelike therefore concludes that all this information accurately reflects the Accommodation. In this case, and in the event that the Provider is a Professional, Homelike is not liable for the contents of the Accommodation Profile, and is not liable for such contents. Homelike does not grant the Provider any right of use regarding the created content.

 

3.6 Number of Accommodation Profiles per home

 

Only one Accommodation Profile should be created on the Platform per Accommodation (individual home). Homelike reserves the right to delete multiple profiles.

 

3.7 Contracting to take photos

 

The Provider has the option to contract Homelike or the partners of Homelike to take professional photos for the Accommodation Profile (if applicable, also with the option of further use for own purposes). The precise terms of such an assignment are set out in agreements that are to be concluded separately. However, there is no entitlement to such services.

 

3.8 Legal meaning of the Accommodation Profile

 

The creation of an Accommodation Profile for Accommodation does not constitute a legally binding offer to conclude a contract at the initiative of the Provider. This profile only serves to provide Customers with the opportunity to send a Booking Request. That being said, deviations from the conditions indicated by the Provider in the Accommodation Profile that would be to the detriment of the Customer are no longer possible after the Conclusion of the Contract. The Booking steps are described in further detail in point 5.

 

3.9 Transmission of Accommodation Profiles

 

Provider Accommodation Profiles are transmitted at the same time to one or more potential Customers via the functionalities of the Platform in the case of corresponding requests and according to the search criteria chosen by the Customers.

 

3.10 Provider assurances

 

The Provider warrants that it is authorized to offer and rent the Accommodation it offers via the Platform in the form selected by it and that, in doing so, it is not in breach of any legal and/or regulatory obligation. In particular, the Provider assures:

 

  1. that s/he has the relevant authorisation from a potential owner/main tenant in this respect, and will comply with all the rules under public law applicable to the Accommodation before its publication on the Platform (tax declaration regime, registration, change of use, etc.) as well as the tax regulations relating to the rental/transfer (with particular reference to no unauthorised misuse),
  2. that s/he complies with the occupation/use of the Accommodation in accordance with the condominium regulations of the building in which the Accommodation is located,
  3. that s/he complies with the legal requirements for reporting the Accommodation of persons to the competent authorities,
  4. that s/he will issue invoices correctly or allow Homelike to do so,
  5. that s/he will not infringe agreements concluded with third parties opposing a rental/use,
  6. that s/he will not infringe other rights, e.g. copyright,
  7. that s/he has, if required by the municipality at the location of the Accommodation, declared the rental of the Accommodation to the responsible authorities for the purpose of obtaining the registration number of the said Accommodation, and has included the said registration number on the profile corresponding to the Accommodation,
  8. that s/he honours to comply with the legal and regulatory obligations specified in articles L324-1-1 et seq. of the French Tourism Code, in particular regarding the declaration and affixing of the Accommodation registration number of the Accommodation on the Platform.

 

Homelike does not verify compliance with these prerequisites, but in cases of doubt, it will require the relevant supporting documents and may delete Accommodation Profiles on its own initiative in cases of persistent doubt.

 

3.11 Indemnification by the Provider

 

At first request, the Provider shall indemnify and hold Homelike harmless against any claims resulting from missing and/or incomplete information as described in points 3.2 to 3.4 and/or the infringement of the assurances referred to in point 3.10 or an infringement of the related commitments/obligations. In the event that the Provider is a Professional, this shall also apply in the event of an administrative claim (in particular concerning fines) and will include the reasonable costs incurred by a legal defence.

 

3.12 Information in event of official requests for misuse

 

The Provider acknowledges that, in accordance with legal regulations regarding the misuse of homes or other legal infringements, Homelike is obliged to provide information relating to the Provider in the event of official requests. To the extent permitted by law, Homelike may meet such requests in full and without consulting the Provider.

 

3.13 Provider liability

 

The Provider shall be liable to Homelike for all damages that Homelike may suffer in the event of an infringement of the provisions referred to in point 3.

 

  1. FOR CUSTOMERS ONLY: Services for Customers
    1. 4.1 Homelike provides a Platform in the form of a marketplace to search, request and book Accommodation. Registered Users also have the option of making several Booking Requests simultaneously via the Platform and making Bookings via the Platform as stipulated in these T&C. The number of simultaneous requests is limited by Homelike as indicated on the Platform. There are various types of User accounts for Consumers and Professionals that differ in functionality. https://www.thehomelike.com/fr/business-2/

 

    1. 4.2 Customers also have the option of reviewing Accommodation, but only if they have actually stayed there. They are obliged to provide truthful information. Homelike does not review these reviews but is entitled to delete them at any time without consulting the Customer if it suspects inaccuracies.
  1. Conclusion of the Contract between the Customer and the Provider/booking content

 

5.1 Key steps for concluding a contract

 

The key steps for concluding a contract are shown during the booking process. There are different booking processes. These are shown to the Customer during the booking process. The Provider can select the process. Depending on the booking process, a contract is concluded between the parties as follows:

 

(a) “Standard” booking process

 

– A Customer sends a non-binding request for an Accommodation Profile via the Platform. Homelike forwards this request to the Provider (“Request”).

 

– The Provider may accept this Request within a specified period of time, as indicated during the booking process. If the Provider does not do this, the Request is generally rejected by the system and, in some cases, manually. By accepting the Request, the Provider makes a binding offer to the Customer to conclude a contract, which is forwarded to the Customer.

 

– At this stage, the Customer may accept this offer within a set period of time which can be seen there. By clicking on the “book now with costs” button, a binding contract is concluded between the Provider and the Customer under the conditions determined by the Provider on the Platform, as well as with Homelike. This is how the Booking and conclusion of contract take place within the meaning of these T&C. These may subsequently be supplemented by a virtual “signature”, for example, another “contractual” document” to which the Provider and Customer agree as outlined in point 3.2, or in another way between the Provider and the Customer. However, the Conclusion of the Contract is always determined by clicking on the “book now with costs” button.

(b) “Soft booking” process

 

– A Customer sends a binding Request, subject to the approval of the Provider, for an Accommodation Profile via the Platform. At this stage, the Customer provides all of the payment details and may also “virtually” sign a contractual document made available by the Provider. S/he then clicks on the “book now with costs” button. This results in a binding offer being made to the Provider, which is forwarded via Homelike. This offer is forwarded to the Provider by Homelike.

 

– The Provider may accept this offer within a set period of time, as shown in the booking process. This results in the conclusion of a contract and a Booking. If the Provider does not accept it, the offer will be rejected by the system.

 

(c) “Instant booking” process

 

– According to this process, the Accommodation Profile published by the Provider constitutes a binding offer for a Booking which may be accepted or rejected by the Customer. If the Customer clicks on the “book now with costs” button, the contract will be considered concluded.

The provisions of point 3.3 also apply.

 

5.2 Homelike reserves the right to temporarily or permanently remove Providers and Customers who repeatedly fail to respond by the set deadline in the booking process.

 

5.3 Legal nature of the contract

 

The legal nature of the contract concluded between the Customer and the Provider is based on its content. It does not necessarily constitute a “tenancy agreement” for use as a principal or secondary residence, a so-called mobility lease or a seasonal or tourist rental. Provided that Homelike is not the Provider, it shall not be the contractual partner with respect to Bookings for Accommodation on the Platform. Instead, it is solely a service provider that facilitates the conclusion of a contract between the Provider and the User via the Platform. As such, the only contract concluded with Homelike is a contract that relates to the provision of Services to use the Platform for Bookings in exchange for a fee – if applicable.

 

5.4 Conditions of contracts and sample contract/liability for the sample contract

 

The conditions of Bookings are negotiated solely between the Provider and Customer, who are responsible for complying with any formalities relating to the Conclusion of the Contract (form, text of the contract, legal regime of the type of contract, guarantees and related annexes requested by the Users and, where applicable, provisions specific to the country, etc.). Homelike shall provide online options for concluding the contract and, if applicable, sample contracts which the Customers and Providers can use to conclude a contract. These sample contracts should only be used as an aid for the parties and are not intended to represent a comprehensive contract. In providing such sample contracts, Homelike does not provide any legal advice. It is the sole responsibility of the Provider and the Customer to check as to whether this process is sufficient for the legal provisions for concluding rental agreements within the meaning of these T&C in accordance with the respective legal framework. Providers may use their own general terms and conditions or contracts for the Accommodation they offer, for which they are fully responsible. They may not contradict these T&C. This does not affect in any way the provisions on Cancellation (point 7) or those relating to the remuneration of Homelike (point 12).

 

5.5 Importance of the Accommodation Profile content

 

The content of the Accommodation Profile otherwise determines the content of the contracts that are concluded between the Customer and the Provider. The Provider is exclusively responsible for reviewing its Accommodation Profile to ensure it is accurate and up-to-date before the Conclusion of the Contract and to update it on a regular basis. During the booking process, inaccurate content can become part of the contract, and the Provider must assume responsibility for the possible consequences of such.

 

5.6 Tax obligations

 

The Provider is alone responsible for fulfilling any tax obligations. Homelike does not carry out any invoicing on behalf of the Provider. The Provider undertakes to issue a correct invoice (in particular for Professionals) for the remuneration/the price payable for the Booking and possibly for the VAT payable, emphasising each time that the debit/payment is to be processed by systems of Homelike.

In addition, special tax and regulatory obligations may apply to Consumer Providers residing in France. These obligations are detailed in point 1.4.

 

  1. Personal data of Users

 

6.1 Scope of use

 

Users may not use addresses, contact details or email addresses obtained with the use of the Platform for any purpose other than contractual communication and Booking management. In particular, the forwarding of this data to third parties or its use for sending advertisements is prohibited. Users explicitly allow the disclosure of information from their User profiles to the respective (potential) contractual partner, i.e. the Customer or the Provider, for the purpose of making the Booking and entering into a contract for the rental of the Accommodation. Users guarantee that the personal data provided to them will be processed in compliance with all of the legal provisions relating to the protection of personal data (in particular the GDPR, i.e. European Regulation nᵒ 2016/679).

 

6.2 For further information on the way in which Homelike handles User data, please refer to the Privacy Policy of Homelike (https://www.thehomelike.com/en/imprint-privacy-policy/).

 

Users are themselves responsible for the processing of any data they receive via the Platform within the meaning of the GDPR. In other cases, please consult the privacy policy of the User.

 

  1. Cancellation Policy

 

7.1 Ordinary Cancellation options

 

Both the Customer and the Provider may cancel previously concluded Bookings under certain circumstances. The Provider details the cancellation policies during the Booking process and in the Accommodation Profile (collectively, the “Cancellation Policy”). The Provider has the option of setting its own Cancellation Policy, choosing the standard Homelike terms of Cancellation or choosing the terms of Cancellation that are stipulated specifically by the Provider itself. Further information about this is provided below. The terms of Cancellation as described under points 7.2 to 7.3 also apply.

 

7.2 Cancellation options of the Provider before the date of the stay

 

The Provider may cancel the Booking in an extraordinary manner if the Customer fails to fulfil its obligations (in particular the payment of the price and possibly the security deposit, but also if the number of occupants indicated is incorrect) in advance or immediately after arrival, or if other elements of the contractual relationship, such as those stipulated in the contract, are not fulfilled by the Customer. In this case, despite the Cancellation, the Customer remains obliged to pay the fee for the first month to the Provider, and Homelike will then keep the User Fee paid by the Provider.

 

7.3 Cancellation options of the Customer before the date of the stay

 

The Customer may cancel the Booking prior to the stay/prior to moving in if the Provider does not comply with/fulfil the contractual conditions that enable the contract to be concluded and the contract is therefore terminated, in which case any payments must be refunded by the Provider, who also must pay the Service Fee.

 

7.4 Form of Cancellation

 

Both the Customer and the Provider must request the Cancellation in writing or by email via Homelike. To do so, they must contact Homelike customer service in writing or by sending an email to support@thehomelike.com from the email address registered with Homelike, stating the booking number. Homelike will forward the Cancellation to the respective other party. Cancellations are only valid if they have been confirmed by Homelike by email.

 

7.5 Consequences of Cancellation with respect to the User Fee and Service Fee

 

In the event of a Cancellation, the User Fee and Service Fee payable to Homelike remain unaffected and are due regardless of whether the Booking is cancelled or not, except in cases in which the Cancellation is due to the fault of one of the Users (the User who is not at fault is not liable to pay a fee for the cancelled Booking). Homelike may reduce the amount or refrain from making a claim at its discretion, taking the circumstances that resulted in the Cancellation into account.

 

7.6 Amounts withheld by Homelike

 

Homelike has the right to offset any irrefutable cash debt it may owe to the Customer or Provider against any amount owed to it by the Customer or Provider.

 

7.7 Other rights

 

The terms of Cancellation do not affect the rights of withdrawal provided for by law.

 

7.8 ONLY APPLICABLE IF THE CUSTOMER IS A CONSUMER – Right of legal withdrawal

 

Consumers have a period of fourteen (14) days to exercise a right of withdrawal from a contract concluded remotely, following canvassing by telephone or off-premises, without having to justify their decision, in accordance with articles L221-18 et seq. of the French Consumer Code.

 

Consumer Customers acknowledge that, insofar as the service provided by the Provider is a service which allows the Consumer Customer to occupy Accommodation according to the legal conditions defined with the Provider, no right of withdrawal may be exercised, in compliance with Article L221-28 of the French Consumer Code.

 

As regards the intermediary service provided by Homelike against payment of a Service Fee or User Fee, Consumers acknowledge that no right of withdrawal is applicable here, as this service was provided to them in full, at their request, by Homelike, upon the of payment of the fee.

 

7.9 Right of withdrawal vis-à-vis Homelike – for CONSUMER PROVIDERS ONLY

 

If a Provider has the status of Consumer, it also has a legal right of withdrawal vis-à-vis Homelike for 14 days with respect to the service provided by Homelike, which is an intermediary service that is provided against payment of a Service Fee or User Fee. Consumer Providers acknowledge that no right of withdrawal is applicable here, as this service was provided to them in full, at their request, by Homelike, upon the of payment of the fee.

 

  1. Difficulties encountered in the execution of the rental contract between the Provider and the Customer

 

8.1 Complaints procedure

 

If, immediately after entering the booked Accommodation, the Customer encounters unforeseeable problems or defects in relation to the Accommodation or the Provider, s/he may submit a complaint. If the Customer is a Professional, this complaint must be made within 48 hours of arrival.

The complaint must be sent to the Provider and Homelike in writing (an email is sufficient) and must include a specific description of the problem. In this case, Homelike will endeavour to propose an amicable solution to the parties. If both parties agree to the solution which is proposed, the complaint will be considered by Homelike to be resolved. However, Homelike cannot guarantee that any agreement will be reached. With regard to the User Fee, the Cancellation provisions of point 7.5 shall apply accordingly.

 

8.2 Duty of the Provider to cooperate

 

In the event of uncooperative behaviour by the Customer (in particular with regard to any payment obligations of the Customer if they exist), the Provider undertakes to assist Homelike to the best of its ability, and, in particular, to forward notifications or to support Homelike in any other way.

 

ONLY APPLICABLE TO PROFESSIONAL PROVIDERS: If the Customer causes damage or does not pay, the Provider shall not be entitled to any compensation from Homelike.

 

8.3 Users hereby acknowledge that all rights they may have under the regulations applicable to leases and leases concluded with Providers are only enforceable in terms of their relationship with the Provider and not with Homelike. Users guarantee Homelike against any use of these titles.

 

  1. Exclusivity and circumvention

 

9.1 Processing via the Platform

 

Insofar as the parties have been put in contact via the Platform, the Provider and the Customer are required to process all Services relating to the Booking and the Conclusion of the Contract via the Platform. Agreements concluded outside the Platform are considered as a circumvention.

 

9.2 Circumvention of booking and payment processes.

 

Users are not permitted in particular to circumvent the booking and payment processes regulated under points 5 and 12, with special reference to the User Fee and/or Service Fee. Should Users conclude a contract outside the Platform for the use/lease of one of the Accommodation presented on the Platform, and the parties established contact via the Platform (“Circumvention”), the right of Homelike to demand payment of the User Fee/Service Fee would nevertheless remain intact. A simple payment between the Customer and Provider outside the Platform does not constitute a Circumvention.

Circumvention is assumed to exist if contact was first established between the Customer and the Provider for booking Accommodation via the Platform, but the parties then agreed to book Accommodation other than the Accommodation which is presented on the Platform. The latter type of Circumvention is not prohibited but does trigger a claim for payment of the User Fee/Service Fee, which is also based on the booking period and as if the Booking was concluded via the Platform.

In this case, the Provider is required to disclose all Bookings made to Homelike so that Homelike can complete its calculations on this basis. If the Provider does not do this, Homelike will request this information from the Customer. This clause does not prohibit subsequent contacts between the Customer and the Provider outside the Platform or the conclusion of new contracts between them, outside the Platform, without any remuneration being due to Homelike. For the avoidance of doubt, any rental contract for Accommodation concluded on the Platform between the Provider and the Customer which is subsequently extended for a period additional to the duration that was initially agreed shall not qualify as a new contract and the corresponding Service Fee and User Fee shall be due to Homelike.

 

In the event that neither the Customer nor the Provider provides Homelike with the requested information concerning a Circumvention, Homelike shall be entitled to charge the Provider a User Fee calculated on the basis of the average of the rental prices on the Platform for the rented space as per the periods and geographical region in question. Homelike may also charge the Customer the corresponding Service Fee.

 

  1. Content management/rights of use

 

10.1 Granting of rights of use

 

In uploading content to the Platform, the Provider allows Homelike to reproduce and communicate such content to the public on the Platform, and to use such content for advertising purposes worldwide in connection with the Platform by reproducing it on any written paper or electronic medium and/or by communicating it to the public by any means, e.g. online (on the Internet)/TV/newsletter/printed publication/poster, e-banners, on the Homelike websites, social networks (Facebook, Instagram, Twitter) or sharing platforms (YouTube, Dailymotion), whether this takes place from the Homelike page or not; the Provider also grants Homelike the related rights of use, including the right to use the content (in particular photos) for any advertisement on portals or real estate sites edited either by Homelike or companies in the same corporate group. This licence is granted for the legal duration of the rights to the Provider’s content, for commercial purposes and to promote the Platform.

 

10.2 Prohibited access methods

 

The content offered on the Platform is protected by copyright. The access to and use of the Platform is normally carried out individually by a natural person (or an employee of a legal entity) via a web browser. The use of technology such as web crawlers, spiders or similar programs, the objective of which is not simply to index content but to retrieve and record the content on the Platform on an extensive basis, is illegal. This also applies in particular to techniques for displaying third-party offers and services via screen capture methods.

 

10.3 Right of removal upon termination of the contract

 

If the user agreement is terminated under these general terms and conditions – regardless of grounds – Homelike is entitled to remove all content appertaining to the User. There is no obligation to forward or hand over such content, etc., except in terms of the right of the User to the portability of his or her personal data, as stated in the Privacy Policy of Homelike and stipulated in the GDPR.

 

  1. Responsibility of Users

 

11.1 Extraordinary termination by Homelike

 

In the event of an infringement of these T&C on the part of the User and, more generally, of the legal and regulatory obligations relating to the stay in the Accommodation by the Customer, Homelike is entitled to terminate the user agreement on an extraordinary basis and with immediate effect, provided that it has issued prior notice to the User. Consequently, Homelike may exclude the respective User from using the service, erase the content that s/he has used, or take other measures as defined in point 11.3. Homelike reserves the right to launch legal action in the form of prohibitory injunctions and action for antitrust damage.

 

11.2 Removal and refusal to approve content

 

Homelike does not review published content. Insofar as Homelike is informed of an infringement of the applicable law or the provisions of these T&C, Homelike is entitled to reject content, to immediately erase content in whole or in part, to block content, and to immediately erase the corresponding pages and links.

 

11.3 Measures taken by Homelike

 

In addition to the right of immediate termination, should a User infringe legal provisions, the rights of third parties or the T&C, Homelike reserves the following rights:

 

11.3.1 to notify the User;

11.3.2 to erase offers or other content appertaining to the User;

11.3.3 to limit the use of the Platform for the User;

11.3.4 to exclude the User completely from the use of the Platform, whether temporarily or permanently (blocking);

11.3.5 to initiate other legal steps (such as filing criminal complaints or taking legal action).

 

When deciding on the measure, Homelike takes the legitimate interests of the User into consideration, as well as the circumstances of the infringement, with particular reference to the degree of culpability.

 

11.4 Prohibition of new registration after removal

 

After being blocked by Homelike, a User is not allowed to register with another User account, to use the Services through another User account, or to re-register.

 

11.5 Effects on existing contracts

 

Bookings already made between the User and other Users are not affected by the removal. The same applies to fees already due for the payment of the User Fee and/or the Service Fee. If an offer is deleted before a Homelike User accepts it, no actual Booking takes place.

 

11.6 Indemnification and guarantee of Homelike by Users

 

In the event of infringement of these T&C by Users, Users shall indemnify Homelike from any claims from other Customers/Providers and/or third parties in relation to these infringements at first request. This includes the reasonable costs of legal defence. In addition to general infringements of third-party rights, this guarantee includes, but is not limited to: (i) damage or claims due to incorrect Accommodation Profile information, (ii) damage or legal action caused by the content of offers/descriptions of Accommodation uploaded by Providers to the Platform and (iii) damage or legal action caused by reviews or opinions left by Customers, as well as (iv) claims made against Homelike in respect to the Accommodation and (v) claims made against Homelike in respect to Bookings regarding an infringement by a Customer or Provider of their legal and/or regulatory contractual obligations, including, but not limited to, payments not made, the infringement of their contractual obligations by a Customer, or damage to property or to the property of the Customer or Provider.

 

  1. Payment and remuneration of Homelike

 

12.1 Price and payment deadlines

 

The total price shown in the booking process consists of the fee agreed between the Provider and the Customer (including VAT and other applicable local taxes and charges) for the provision of the Accommodation (price of the Accommodation upon the conclusion of the Booking); any other agreed fees shown in the Accommodation Profile, provided that these are included in the total price, as well as the Service Fee, i.e. the fee which is payable by the Customer to Homelike. The total price is shown to the Customer in the booking process before the Booking is concluded. Homelike will again notify the Provider and the Customer of the total price and any pricing components once the Booking has been made and will show the User Fee separately to the Provider. The User Fee (for the Provider) and the Service Fee (for the Customer, if applicable) must be paid to Homelike immediately after the conclusion of the Booking. The Service Fee is shown to the Customer and the User Fee is shown to the Provider during the payment process, or is shown already in the Accommodation Profile. In concluding the Booking and accepting these T&C, both the Customer and the Provider agree to pay the Service Fee or the User Fee. In the ‘Instant Booking’ option, due to the shorter booking process, the exact User Fee to be paid to the Provider may not be calculated. As a result, the bases of calculation are shown when uploading the Accommodation Profile for this type of Booking.

 

12.2 Changes to the Service Fee/User Fee

 

Homelike reserves the right to change the amount of the Service Fee and the User Fee at any time with future effect, provided that it has previously informed the Users according to the conditions provided for in point 1.3. Contracts already concluded are not affected.

 

12.3 Methods of payment

 

The Customer has various payment options to make Bookings with Homelike and to make the payment shown as due to the Provider, and to pay the Service Fee. Unless otherwise shown in the booking process, the full monthly instalment of the fee to be paid (e.g. rent) is due for payment on the first day of the stay. Other monthly payments are generally made directly to the Provider by the Customer outside of the Platform. If the Customer so wishes, as an option, it is possible to agree (possibly as part of a separate Service Package) to the complete processing of all payments due via the Homelike Platform (i.e. via the payment provider) in accordance with point 12.4. In this case, the Provider will receive all monthly payments via the Platform from the designated payment provider, but only if the Customer actually pays. In no event does Homelike take on a debt collection guarantee, i.e. the payment processing via Homelike does not mean that the Provider can be certain that the Customer will actually make the payments. Homelike is therefore not obliged to pay compensation in the event of non-payment.

 

12.4 Homelike payment service provider

 

For online payment methods, Homelike works with an online payment provider. On behalf of the Provider, the payment service provider shall collect the sums due, as well as any Service Fees, depending on the method of payment of the Customer, and will keep these amount in a dedicated account on behalf of the Provider. If the receivable is not collected, the Customer must pay any additional charges. This provision does not apply if the Customer was not responsible for the payment error. Otherwise, the T&C/terms of the chosen payment provider apply (see point 12.13).

 

12.5 Partial payment in advance

 

The Customer agrees that the payment service provider will transfer the amount indicated and payable on arrival to the Provider (generally a full monthly instalment/a full monthly fee) at the beginning of the Booking and debit the payment indicated at the time of Booking within an appropriate period before the date of arrival.

 

12.6 Refund in the event of non-arrival

 

If the Booking does not take place as planned, Homelike will check if the payment is refundable to the Customer, if applicable. This is based on the Cancellation Policy agreed between the Customer and Provider or set out by Homelike, and on the cancellation regulations stipulated in point 7.

 

12.7 Default of payment and liability of Homelike

 

Homelike shall not be liable in any way for any default in payment attributable to the Customer in general, or if the Provider refuses to refund the amount deducted, provided that such a default does not result from the failure of Homelike to fulfil its obligations according to these T&C. In this case, Homelike is not liable for any refund to the Customer or Provider.

 

12.8 Compensation of Users for receivables due by Homelike

 

Any offsetting by a User towards Homelike can only take place for the due claims of the User which are outstanding (i.e. not disputed) at the time of the offsetting.

 

12.9 Invoicing of the User Fee

 

Homelike issues an invoice of the User Fees for Providers as well as an invoice of the Service Fees for Customers.

 

12.10 Tax obligations

 

FOR PROFESSIONAL USERS ONLY: It is assumed that a Professional User is aware of and complies with his or her tax obligations (including VAT). Homelike reserves the right to request proof of the status of the User (Provider or Customer), whether a private or legal entity, and the User undertakes to disclose his or her status as a Professional with the appropriate information, such as a VAT identification number, for example.

 

12.11 Services outside the scope of Services of Homelike

 

The Provider may charge fees for additional Services outside the Platform that are not a mandatory or integral part of the monthly fee in accordance with these T&C. This does not constitute a Circumvention in terms of point 9 of this document. The Provider must inform the Customer of such costs before the Conclusion of the Contract (in particular in the profile of the Accommodation and the provisions of the contract). Any such costs shall not be taken into account in the calculation of the User Fee and/or Service Fee.

 

12.12 General terms and conditions of the payment service provider

 

The T&C of the payment service provider used by Homelike also apply to payment processes. They can be found here: https://stripe.com/de/legal.

 

  1. Security deposit

 

13.1 Information on the security deposit

 

The Provider may ask for a security deposit for certain Bookings of its Accommodation in accordance with applicable law and under its sole responsibility. In this case, it is absolutely necessary for the Provider to indicate this information on the guarantee in advance, and in particular the specified amount, in the profile of the Accommodation.

 

13.2 Processing of the security deposit

 

As a general rule, and unless otherwise agreed, the security deposits are processed directly between the Customer and the Provider, so that Homelike is not responsible for the request by the Provider for the User to provide a security deposit, nor for the management of security deposits or any claims regarding security deposits. This does not constitute a Circumvention in terms of point 9 of this document.

 

  1. Duration and termination of the user agreement in accordance with these T&C

 

14.1 Duration of the user agreement for the Platform

 

After registration, the user agreement is concluded for a period of one (1) year, renewable by tacit agreement.

 

14.2 Termination of the user agreement for the Platform

 

Users may terminate this user agreement at any time and without notice. To declare termination, simply send a message to Homelike in text form (e.g. letter, fax, email to support@thehomelike.com). Bookings already made between the User and other Users are not affected by a termination of the user agreement. The same applies to requests for the payment of the User Fee and/or Service Fee already due.

 

14.3 Termination of the user agreement for the Platform by Homelike

 

Homelike may ordinarily terminate the user agreement at any time with a notice period of two weeks.

 

14.4 Termination for cause

 

Homelike may terminate the user agreement for the Platform in the event of an infringement of its contractual obligations by a User according to point 10 of this document.

 

14.5 Contracts between Users in the event of termination

 

The termination of the user agreement does not affect any possible contracts between the Provider and the Customer.

 

  1. Liability of Homelike

 

15.1 Verification of contractual partners

 

Each User must themselves verify the identity of their contractual partner. Homelike assumes no responsibility for the contractual relationship between the User and the contractual partner, nor for the accuracy of the contact information of the User which is provided on the Platform, nor for other User data and content, and does not verify such data.

 

15.2 Liability of Homelike

 

In accordance with the relevant legal provisions, Homelike is liable without limit for direct damage arising from infringements by Homelike and its employees of their contractual or legal obligations, in the event of fraud, and in the event of damage to life, body and health.

 

15.3 FOR PROFESSIONAL USERS ONLY: Exclusion of liability in other cases

 

Homelike assumes no liability towards Professional Users, including any indirect damage such as loss of turnover, loss of opportunity to make a profit or damage to image.

 

15.4 Liability/guarantee of Homelike for contracts between Customers and Providers

 

Homelike assumes no liability and does not provide any guarantee for the implementation of contracts concluded between a Customer and a Provider relating to Accommodation, particularly not for the condition of Accommodation, as Homelike (unless otherwise explicitly agreed) is not the contracting partner for Bookings, and nor are Providers and/or Customers employees of Homelike.

 

15.5 Liability of Homelike for third party providers

 

Homelike is not liable for services provided by a third party service provider in the process of concluding a contract between a Customer and a Provider, provided that it is not an employee or subcontractor of Homelike.

 

  1. Insurance

 

The Provider undertakes to assume personal responsibility for the protection and insurance arrangements relating to the Accommodation and will safeguard Homelike against all recourse or damages.

 

  1. Final provisions

 

17.1 Applicable law

 

FOR PROFESSIONAL USERS ONLY: These General Terms and Conditions, their compilation, validity, performance, termination or expiry are subject to the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.

 

FOR CONSUMER USERS ONLY: These General Terms and Conditions, their compilation, validity, performance, termination or expiry are subject to French law.

 

17.2 Transfer to third parties

 

Users hereby consent to Homelike being able to transfer to a third party its rights and obligations arising from this contractual relationship, in whole or in part, provided that this does not diminish their rights for Users.

 

17.3 Arbitration – FOR CONSUMER USERS ONLY

 

According to the valid provisions of the French Consumer Code relating to the arbitration of consumer disputes, Homelike offers Consumer Users effective recourse to a Consumer arbitration service.

 

The arbitrator we propose is Medicys. Insofar as Homelike is unable to resolve a dispute using its internal dispute resolution procedure or if the Consumer User is not satisfied with the solution proposed by the internal dispute resolution service, and if the Consumer User’s complaint was made less than one year ago, the Consumer User may address his or her complaint to the arbitrator of Homelike as follows:

 

– by post to the address: 73 Boulevard de Clichy, 75009 Paris;

 

– electronically: https://app.medicys.fr.

 

In all cases, Homelike:

 

– will inform the Consumer User of its inability to resolve the dispute between the parties; and

 

– will then provide the information required by law concerning its arbitrator, including its contact details, as provided above.

 

Consumer Users can also use the online dispute resolution platform to resolve their dispute with Homelike via https://webgate.ec.europa.eu/odr/main/?event=main.home.show&Ing=FR .

 

17.4 Competent court

 

FOR PROFESSIONAL USERS ONLY: If the User is a Professional, any dispute arising out of or relating to the compilation, validity, performance, termination or expiry of these Terms and Conditions shall be submitted to the competent courts in the City of Cologne, Germany.

 

FOR CONSUMER USERS ONLY: If the User is a Consumer, any dispute arising out of or relating to the compilation, validity, performance, termination or expiry of these General Terms and Conditions shall be submitted to the competent French courts.

 

APPENDIX – PROVISIONS APPLICABLE TO FRENCH USERS

 

Reference is made in this annex to the important definitions and terms specified in the T&C.

 

  1. Operating conditions of Homelike

 

Homelike holds a professional licence for the “freedom to provide services” n°CPI CPI RPA 7501 2019 000, as issued by the Paris Region Chamber of Commerce and Industry, which enables it to secure the payment, the collection of rents and transactions carried out between Providers, Customers and Users as an agent, according to the provisions of the law n°70-9 of 2 January 1970 as amended, known as the “Hoguet Act”, and the Decree n°72-678 of 20 July 1972. Its guarantor is the Gestion immobilière COMPAGNIE EUROPEENNE DE GARANTIES ET CAUTIONS, located at 16, rue Hoche – Tour Kupka B – TSA 39999 – 92919 La Défense Cedex (France).

 

  1. Contractual relationship between Users

 

2.1 Users acknowledge that Homelike, in acting only as a intermediary, is not a party to any additional contract concluded between them for the use/lease of the Accommodation, and cannot under any circumstances be held liable for compliance with the terms of such a contract, the negotiation of the contractual conditions, any changes made to the contract, or compliance with the rental conditions offered directly by the Providers to the Customers or vice versa.

 

Homelike declines all responsibility in the event of the failure of the Provider or Customer to comply with the legal and/or regulatory conditions relating to the conclusion of the rental contract for Accommodation offered on the Platform.

 

FOR PROFESSIONALS ONLY: Where the Provider or the Customer is a Professional, the Professional is responsible for the ensuring that the contracts that are concluded comply with the applicable law.

 

  1. Conditions of use for the Platform by the Provider and content of the Accommodation Profile

 

3.1 As soon as the Accommodation Profile is published on the Platform, the Provider undertakes to accept without reservation the T&C relating to the use of the Homelike online Platform.

 

3.2 The Provider acknowledges that s/he is solely responsible for the contents, details and appendices that s/he provides on the Accommodation Profile proposed on the Platform, as well as for any changes s/he may make following the publication of the Accommodation Profile on the Platform. Homelike cannot be held liable under any circumstances if the information given by the Provider is wrong, inaccurate or false, without prejudicing the possibility for the tenant to take action against the landlord. In this respect, the Provider shall be personally responsible, without recourse against Homelike, for any request, claim and/or recourse on the part of any Customer.

 

In this respect, the Provider undertakes to communicate to the Customer all the mandatory technical assessments in force at the date of Conclusion of the Contract (without this list being exhaustive: the technical asbestos assessment, the energy performance assessment, the assessment relating to lead, the assessment relating to electrical and gas safety, the state of risks and pollution, the energy classification, the situation in an airport noise area, etc.) as well as the inventory of the furniture in the Accommodation, and to personally ensure, without recourse against Homelike, the compilation, delivery and/or validity of said documents. More generally, the Provider undertakes to provide decent Accommodation according to the standards specified in the Decree n°2002-120 of 30 January 2002, as well as the general safety standards regarding the fixtures and fittings in the Accommodation.

 

It is determined that Homelike does not complete any checks or verifications of the quality, safety, security or lawfulness of the Accommodation offered for rent on the Platform. Users expressly acknowledge that they are aware of these limitations and expressly and irrevocably waive any recourse against Homelike in this respect. All Providers expressly and irrevocably protect Homelike against any recourse, complaints, and, more generally, claims made against Homelike by a Customer who is dissatisfied with the rental and availability conditions of the Accommodation (non-compliant condition, description, furnishings, price, etc.). Consequently, in the event of legal proceedings brought by a Customer, the Provider expressly and irrevocably undertakes to indemnify Homelike against any claim, recourse and/or indictment against it.

 

The Provider also undertakes to provide all the information in its possession regarding the profile of the Accommodation, including all costs relating to the use/occupation of the Accommodation by the Customer, specifically, but not limited to: sum total of any security deposit or the request for a deposit, the sum total of any initial costs and possible additional costs such as cleaning costs and/or the sum total of any tourist tax. Where certain additional costs cannot reasonably be calculated in advance, the Provider shall indicate that they may be charged to the Customer.

 

Homelike does not check or validate the consistency or validity of the Accommodation Profile. Any update, change, upgrade or deletion of the Accommodation Profile by the Provider is the sole responsibility of the Provider, who safeguards Homelike against any recourse whatsoever in this respect.

 

3.3 Homelike does not check or guarantee the legal or regulatory compliance of the Accommodation Profile and rejects any responsibility in the event of failure by a Provider or a Customer to comply with the legal and/or regulatory conditions regarding the publication of the Accommodation Profile.

 

In this respect, the Provider undertakes that the Accommodation shall comply with the provisions of Article L. 324-1-1 of the French Tourism Code (obligation of declaration to the Town Hall in the municipality in which the Accommodation is located) and, where applicable, that the Accommodation Profile shall include the declaration number issued by the Town Hall of the municipality in which the Accommodation is located, as well as with the provisions of Articles L. 631-7 et seq. of the Construction and Accommodation Code (prior authorisation for change of use in the case of short-term rentals).

 

Similarly, the Provider declares and warrants that it is the sole owner of the Accommodation offered for rent on the Accommodation Profile and that it is the sole owner of all the associated documents, annexes and information. The Provider declares that it has all the necessary rights, licences, consents and authorisations (including but not limited to, from the condominium in which the Accommodation is located, the owner of the Accommodation if the Provider is a tenant or sub-tenant and the public authorities in the event of a change of use prior to the rental of the Accommodation, etc.) for the publication of the Accommodation Profile on the Platform.

 

  1. Use of the Platform by the Customer

 

4.1 When registering on the Platform, the Customer undertakes to accept without reservation the T&C relating to the use of the Homelike online Platform.

 

4.2 When booking Accommodation on the Platform, the Customer acknowledges that s/he has read all the associated information, documents and conditions provided by Homelike and the Provider prior to the Booking.

 

4.3 The Customer agrees to refrain from using the Platform or the Accommodation for illegal or indecent activities.