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
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 particular, no service fees will be charged to customers for rental contracts that are subject to the „Gesetz zur Regelung der Wohnungsvermittlung“ (WoVermRG) - (German Housing Agencies Act). 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 firstname.lastname@example.org 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.
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
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.
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.
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.
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 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 email@example.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.
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
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 17.2. 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: firstname.lastname@example.org) 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.
15.1. 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 email@example.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. Exclusion of liability
Otherwise, Homelike liability is excluded.
17.4. 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.
17.5. 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).
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