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Terms & Conditions

United States Terms & Conditions – Homelike

Last Updated: 09/30/2021

 

The following Terms apply to all Providers providing Accommodations located in the United States, all Customers who are booking Accommodations in the United States (except to the extent Customer’s local governing law specifically prohibits such application, in which case the applicable terms of the [Standard Terms and Conditions for the use of the Homelike Online Platform] shall apply), and all User’s with a country of residence or establishment is in the United States who are using the Services or Platform but have not yet posted an accommodation profile or booked an Accommodation on the Platform. All other use of the Services or Platform is governed by the [Standard Terms and Conditions for the use of the Homelike Online Platform].

 

These Terms & Conditions (the “Terms”) reflect a binding agreement between the User and Homelike Internet GmbH (“Homelike”) and govern the User’s use of the online platform www.thehomelike.com of Homelike, including mobile versions (e.g. apps) (collectively referred to as ‘Platform’) and all contents and information available within the Platform and the various tools and features provided by Homelike via the Platform, including but not limited to Homelike’s proprietary platform and related services (collectively the “Services”). You agree, on behalf of yourself and, if applicable, the company or other entity that you represent or on whose behalf you are accepting these Terms (collectively, the “User”), to be legally bound by these Terms. By browsing the Platform, creating an account, or accessing or using any of the Services, the User acknowledges that it has read, understood, and agree to be bound and abide by these Terms and Homelike’s Privacy Policy, which is hereby incorporated and made part of these Terms. 

 

Homelike’s Privacy Policy  describes Homelike’s collection, use and disclosure of data and information in connection with Homelike’s Services. Homelike may update the Privacy Policy from time to time, in accordance with its terms. By using the Services the User agrees to the collection, use and disclosure practices in the Privacy Policy.

 

IF THE USER DOES NOT AGREE WITH ANY OF THESE TERMS OR OUR PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES, DOWNLOAD CONTENT, CREATE AN ACCOUNT, ACCESS, USE, OR VISIT THE PLATFORM.

 

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR THE PLATFORM OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED UNDER THE HEADING “DISPUTE RESOLUTION AND ARBITRATION” BELOW. PLEASE READ SUCH ARBITRATION SECTION CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE USER IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

 

HOMELIKE MAY MODIFY THESE TERMS FROM TIME TO TIME AND AT ANY TIME, IN WHICH CASE HOMELIKE WILL POST A NEW VERSION ON THE PLATFORM, AND UPDATE THE “EFFECTIVE DATE” ABOVE, AND CHANGES TO THESE TERMS ARE EFFECTIVE WHEN POSTED TO THE PLATFORM, AND THE USER’S CONTINUED USE OF THE PLATFORM OR SERVICES FOLLOWING POSTING OF ANY CHANGES CONSTITUTES THE USER’S ACCEPTANCE OF SUCH CHANGES, AND IF THE USER DOES NOT AGREE WITH THE CHANGES, THE USER MUST IMMEDIATELY STOP USING THE PLATFORM AND SERVICES AND CLOSE THE USER’S ACCOUNT.

Defined Terms:

“Accommodation” means a furnished home, apartment or other accommodation listed by a Provider on the Platform.

 

“Customer” means Users that book Accommodations via the Platform.


“Provider” means Users that offer Accommodations via the Platform.

1. The Services.

1.1 Scope of Services

Users can conclude bookings with each other via the Platform relating to the use of an Accommodation. In doing so, Homelike is not the actual provider and does not own, control, offer or manage any Accommodation – unless otherwise specified in the booking – and instead, solely provides via the Platform and related technical services that allow Users to conclude bookings. Homelike is not a party to the contract concluded directly between a Provider and Customer, nor is Homelike a real estate broker or insurer. Homelike may make changes, upgrades and improvements to the Platform or Services or modify or delete any features or functions of the Platform or Services at any time in its sole discretion including, but not limited to, as may be necessary to comply with applicable laws or industry-standard requirements or requirements of third party service providers.

1.2 Prohibited Uses

Users may not (a) decompile, disassemble, or reverse engineer the Services, the Platform or any portion thereof; (b) attempt to gain unauthorized access to the Services or Platform, any portion thereof, including content accessible via the Services or Platform, or any other system or platform through the Services; (c) use any automatic device, program, algorithm, or methodology, or engage in harvesting of email addresses or other personal information, unsolicited emailing, phone calls or mailings, spoofing, flooding, overloading, spidering, screen scraping, database scraping, or any similar or equivalent manual process to access, acquire, reverse engineer, copy or monitor any portion of the Services or Platform or any content on the Services or Platform; (d) reverse look up, trace or seek to trace any information on any other user of or visitor to the Services or Platform to its source; (e) share account usernames and passwords with third parties; (f) use another person’s account or impersonate another person; or (g) interfere with or disrupt the integrity or performance of Platform or any content thereof. Users will not use the Services or Platform in any manner that could damage, disable, overburden, or impair the Services or Platform or interfere with any other party’s use and enjoyment of the Services or Platform. Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services or Platform.

2. Homelike services/the Platform’s registration feature

2.1 Registration

Registration through the creation of an account is required to use the Platform and Services. Accounts are activated after they have been confirmed by Homelike in its sole discretion. When Users create an account with Homelike, the User represents to Homelike that the information provided is truthful, current and complete in accordance with the requirements of the registration form and otherwise in compliance with these Terms and all applicable laws. User represents and warrants it is not barred from using the Platform under applicable law. Submission of false, fraudulent misleading, inaccurate, incomplete, obsolete, or other information prohibited under these Terms may result in immediate termination of the User’s account or the Services and/or reporting to the relevant law enforcement authority. The User shall always keep its data on the Platform up-to-date and is responsible for maintaining the confidentiality of its account information, including, but not limited to, its account password and personally identifying information, and restricting access to its account.

2.2

Homelike reserves the right to review user profile information, but does not do so in a pro-active manner. Accounts are non-transferable. Registration of accounts is only permitted for legal entities or natural persons who are 18 years or older. In particular, companies may use the Platform and Services for related 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).

2.3

The User is responsible for any and all activities that occur under its account, including, but not limited to, any activity that occurs as a result of its failure to keep secure and maintain the confidentiality of its account. The User must notify Homelike immediately upon becoming aware of any breach of security or unauthorized use of its account. It is the User’s sole responsibility to control the dissemination and use of its password, control access to and use of its account, not to share personally identifying information or numbers (except as required by the Services), and notify Homelike if the User desires to cancel its account or the Services. The User may not use anyone else’s password or account, or anyone else’s financial or personally identifying information at any time. Homelike will not be responsible or liable for any loss or damage arising from the User’s failure to comply with these requirements and the User may be held liable for any losses incurred by Homelike or any other user of the Services if the User’s failure to keep its account information secure and confidential results in someone else’s use of its account or account information.

3. Overview of Services

After registration, Homelike offers Users the Services via the Platform, on which Providers can upload Accommodations. Users can also search for suitable Accommodations as a 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 on the Platform (“contract conclusion”, where the entire process resulting in contract conclusion is together referred to as the “booking”). Bookings may be concluded outside of the Platform only in special cases and subject to a separate agreement with Homelike. Homelike generally does not offer its own Accommodation and solely offers Users the option of concluding a booking as a service provider.

4. 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, however 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 to the extent practicable.

5. Fees

5.1 Service Fees

Any service fees Customers are required to pay are shown in the booking process. When making a booking, a fee is payable by the Customers to Homelike in the form of a “Service Fee” for Services provided in this regard. In many cases, the Service Fee may also include insurance. Customers are shown a Service Fee in the booking process, based on the period the Accommodation is booked for, which 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 of Accommodation often cannot be clearly defined in advance, the actual Service Fee to be paid may be adjusted by Homelike based on the actual contractual term defined at the end of the stay at the Accommodation. Overpayments are refunded unless otherwise described below and additional payments must be made by Customer for underpayments of the final Service Fee. If a booking period ends prematurely due to circumstances for which the Customer is responsible, e.g. Customer misconduct in the Accommodation or if a Customer behaves in contravention of the booking terms, any overpayment shall not be refunded and is forfeited by Customer.

5.2 User Fees

When making a booking, a fee is payable by Providers to Homelike in the form of a “User Fee” for Services provided in this regard. In many cases, the User Fee may also include insurance. The User Fee is based on the period the Accommodation is booked for and totals a percentage of the monthly fee/monthly rent to be paid, unless otherwise agreed. The User Fee is first due for the initially selected period. As periods of Accommodation often cannot be clearly defined in advance, the actual User Fee to be paid may be adjusted by Homelike based on the actual contractual term defined at the end of the stay at the Accommodation. Overpayments are refunded unless otherwise described below and additional payments must be made by Provider for underpayments of the final User Fee. If a booking period ends ahead of time due to circumstances for which the Provider is responsible, e.g. defects in the Accommodation, if the Provider behaves in contravention of the booking terms or these Terms, or if the Provider agreed to extraordinary termination of the booking ahead of time, i.e. contract termination where the Customer is not entitled to any claims, any overpayment shall not be refunded and is forfeited by Provider.

5.3 Optional service package

Customers may have the option of paying for a service package (“service package”), which may include insurance services. The service packages available, if any, are shown to the Customer in the booking process and can be selected and purchased therein. Customers should contact support@thehomelike.com if the Customer has any further questions relating to service packages.

6. Services for Providers/Provider liability

6.1 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 applicable law, 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 review or change accommodation profiles. Providers are responsible for understanding and complying with all laws and regulations applicable to its Accommodations and for its own acts and omissions, and for those of anyone Provider allows to participate in the providing of Provider’s Accommodation. Provider is solely responsible for all content that Provider provides and warrant that Provider either owns it or are authorized to grant Homelike the rights described in these Terms. Provider is responsible and liable if any of its content violates or infringes the intellectual property or privacy rights of any third party.

6.2 Minimum accommodation profile requirements

Accommodation profiles must at least include the marked mandatory fields and the full total monthly price as set forth on the Platform. The monthly total price must always include running costs for electricity, water, heating and other incidental living costs, as well as any taxes due 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 Platform 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 by Customer 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.

6.3 Availability

The Provider shall ensure that the availability specified for the Accommodation in the accommodation profile 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 endeavor 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 its sole discretion and without any liability on Homelike, in such cases with future effect.

6.4 Condition of the Accommodation and completeness of the description

The Provider shall ensure that the Accommodation it offers is described accurately in the accommodation profile 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 such defects 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 by such actions by Provider. If the total price is reduced, this does not affect the User Fee to be paid by the Provider which remains the same, measured by the original total price. Furthermore, Homelike does not have access to the Accommodations – except in exceptional cases – and/or cannot control Accommodations, even if access is possible by exception. Homelike is not responsible for, and disclaims all liability related to, the condition of an Accommodation. To the same extent, Homelike cannot ensure the safety of locks and is not responsible for or, and disclaims all liability related to, the safety of locks at Accommodations, including the loss of items from Accommodation.

6.5 Creating accommodation profiles through Homelike

If Homelike agrees to create an accommodation profile on behalf of a Provider, Homelike will endeavor 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 by Provider without reviewing them. Images and other information provided by Provider must mirror the actual condition of the Accommodation at all times. 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 of notice from Homelike, the photos, as well as any text and information in the accommodation profile generated by Homelike, shall be deemed to be approved by Provider, and Homelike will assume that such content accurately describes the Accommodation. Once the accommodation profile is approved by Provider (affirmatively or deemed as provided in the previous sentence), Provider shall be responsible for all such content as if provided by Provider directly and Homelike is not 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 by Homelike. The Provider is not entitled to use the accommodation profile and/or any photos provided by Homelike outside the Platform, unless otherwise agreed between the parties.

6.6 Number of accommodation profiles per Accommodation

Only one accommodation profile should be created on the Platform per Accommodation. Multiple profiles may be deleted by Homelike in its sole discretion.

6.7 Contracting to take photos

The Provider has the option to request Homelike or Homelike partners to take professional photos for the accommodation profile (if applicable, also with the option of further use for own purposes). Homelike may accept or reject such requests in its sole discretion. Details regarding such photos shall be subject to separate agreements between Homelike or Homelike partners and the Provider.

6.8 Legal meaning of the accommodation profile

Posting an accommodation profile for an Accommodation does not constitute a legally binding offer by Homelike or any Customer to conclude a contract with a Provider. Posting an accommodation profile only serves to give Customers the opportunity of sending a booking request.

6.9 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.

6.10 Provider representations and warranties

The Provider represents and warrants 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 represents and warrants:

6.10.1

that it has the relevant authorization 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 unauthorized use);

6.10.2

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

6.10.3

that it correctly issues invoices and/or authorizes Homelike to do so;

6.10.4

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

6.10.5

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

Homelike is not obligated to review and confirm compliance by Provider with the representations and warranties above, however Homelike may request corresponding evidence from Provider and remove any Accommodation profiles in its sole discretion.

6.11 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 governmental or regulatory requests. Homelike may meet such requests in full and without consulting the Provider.

7. Services for Customers

7.1 Homelike Platform for Customers

Homelike provides the Platform in the form of a marketplace to search, request, and book Accommodations. Registered Users also have the option of making several booking requests via the Platform and making bookings as regulated in these Terms. 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.

7.2 Review Option

Customers have the option of providing reviews of Accommodations on the Platform, but only if they have actually stayed at such Accommodation. Customers are obliged to provide truthful information. Homelike does not review these reviews, but is entitled to delete any review at any time in its sole discretion, without consulting the Customer, if it suspects inaccuracies.

7.3 Accommodation bookings

An Accommodation booking is a limited license to enter, occupy, and use the Accommodation. Provider retains the right to re-enter the Accommodation during a Customer’s stay, to the extent: reasonably necessary, permitted by the booking contract and permissible under applicable law. Customer is responsible and liable for its own acts and omissions, and for those of anyone Customer invites or provides access to an Accommodation.

8. Contract conclusion/booking

8.1 Key steps for contract conclusion

The key steps for concluding a contract are outlined in the booking process. The Provider can select between the different booking processes set forth below:

8.1.1 “Standard” booking process:

  • 8.1.1.1 A Customer sends a non-binding request for an accommodation profile via the Platform. Homelike sends this request to the Provider.
  • 8.1.1.2 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, such requests are generally rejected by the Platform 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.
  • 8.1.1.3 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. This can be followed by a virtual ‘signing’, e.g. a ‘contractual document’, or otherwise supplemented between the Provider and the Customer. However, contract conclusion is always determined by clicking on the “book now with costs” button.

 

8.1.2 “Soft booking” booking process:

  • 8.1.2.1 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 to the Provider.
  • 8.1.2.2 The Provider may accept this offer within a set time, as shown in the booking process. Acceptance of the offer results in the conclusion of a contract and a booking. If the Provider does not accept the offer, the offer is generally rejected by the system.

8.1.3 “Instant booking” booking:

  • 8.1.3.1The process corresponds with 8.1.2.1 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 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 by Provider retrospectively if the Accommodation is no longer available for the booked period at the time of booking.

8.2 Exclusion of Providers and Customers

Homelike reserves the right to temporarily or permanently suspend or remove Providers and Customers from the Platform who fail to respond by the set deadlines in the booking process.

8.3 Conditions of the contracts and sample contract and liability for the sample contract

The terms and 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 may sample contracts, which Customers and Providers can use to conclude a contract, provided however, the sample contracts provided, if any, 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 and any sample contracts are provided “as is” without warranties of any kind. In particular, Homelike 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 Terms under the respective legal framework. The Provider may use its own property-related general terms and conditions or contracts for the Accommodation it offers. Contracts concluded between Providers and Customers shall not contradict or supersede the terms provided in these Terms and these Terms shall contract over any contract concluded between Providers and Customers in the event of any conflict.

8.4 Importance of the accommodation profile content

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 may become a contractual object in the booking process and the Provider must be able to provide this if applicable.

8.5 Tax obligations

The Provider is obliged to meet any and all tax (contractual) obligations arising out of the contract conclusion. 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 taxes where applicable, including a notice stating that payment collection/payment is made via the Homelike Platform, if applicable. Tax regulations in certain jurisdictions may require that Homelike collect and/or report tax information about a User, or withhold taxes from payments to User, or both and User agrees that Homelike may do so, if applicable. If User fails to provide Homelike with documentation that Homelike determines to be sufficient to support any such obligation to withhold taxes from payments to User, Homelike may withhold payments up to the amount as required by law, until sufficient documentation is provided.

10. Cancellation Policy

10.1 Ordinary cancellation options

The Provider provides cancellation policies applicable to its Accommodations during the booking process and in the accommodation profile (collectively “Cancellation Policy”). The Provider has the option of providing its own Cancellation Policy or choosing standard Homelike cancellation terms. The cancellation terms outlined below in Sections 10.2 to 10.3 apply in addition to the Cancellation Policy and in the event of a conflict between the Cancellation Policy and Section 10.2 or 10.3, Section 10.2 or 10.3, as applicable, shall apply.

10.2 Other cancellation terms for the Provider

The Provider may cancel the booking (i) before the Customer’s stay/move-in date if the Customer has already failed to meet its obligations (with particular reference to paying the applicable fees and, if applicable, the deposit, but also if the Customer has inaccurately stated the number of residents) or (ii) after Customer moves in if the Customer does not fulfil other material parts of the booking terms with Provider. In the case of cancellation under this Section 10.2, the Customer remains obligated to pay the fees for the first month to the Provider – despite cancellation – and this amount can be withheld by Homelike if already paid.

10.3 Other cancellation terms for the Customer

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 concluded between the parties and the contract is therefore terminated, in which case any payments must be refunded by the Provider, provided however, Provider shall remain liable to Homelike for payment of the Service Fee.

10.4 Form of cancellation

Customer or Provider must request cancellation by contacting the other party directly and must notify Homelike immediately of such cancellation.

10.5 Consequences of cancellation

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, provided however, Homelike may reduce the amount or refrain from making a claim at its discretion, taking into account the circumstances that resulted in the cancellation.

10.6 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.

10.7 Other Rights

Legal rights of revocation remain unaffected by the cancellation terms.

11. Problems/uncooperative behavior

11.1 Approach for complaints

If the Customer encounters unforeseeable problems or defects with the Accommodation or the Provider after arriving at the booked Accommodation, Customer may submit a complaint within twenty four (24) hours of arriving. The Customer must send complaints to the Provider and Homelike in writing (e-mail is sufficient) and such complaints must include a specific description of the problem. In this case, Homelike and Provider will use commercially reasonable efforts to reach an amicable solution. If the 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 Section 10.5 apply accordingly.

11.2 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, Homelike shall not be liable for any damage to an Accommodation caused by a Customer or failure of a Customer to pay the Provider.

11.3 Claims arising from contractual relationships between Provider and Customer

The Users recognize that any claims from contractual relationships with respect to Accommodation are always between the Provider and the Customer and can be asserted in this relationship only between Provider and Customer and not against Homelike.

12. Exclusivity and circumvention

12.1 Processing via the Platform

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

12.2 Circumventing booking and Payment Processes

Users are not permitted in particular to, directly or indirectly, circumvent the booking and payment processes regulated under Section 8 and 17, with special reference to User Fees and/or Service Fees. Users shall not share any content with other Users in its use of the Platform, as part of the accommodation profile or otherwise, that may be used to support circumvention, such as contact information or such User’s own brand name or logo. 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. 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) and in such event Customer and Provider are obligated to pay Homelike User Fees/Service Fees, as applicable, that are 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 of the User Fees/Service Fees on this. If the Provider does not disclose such information, 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.

13. Content/rights of use

13.1 Granting Rights of Use

By uploading content, the Provider grants Homelike a perpetual, irrevocable, non-exclusive, transferable and sub-licensable, royalty free license to use, modify, prepare derivative works, distribute, publish or display or otherwise exploit such content without limitation, including but not limited to on the Platform and to use such content for advertising purposes in connection with the Platform (e.g. online/TV/newsletter/print/posters, etc.). This license in particular includes the right to use the content (with particular reference to photos) without restriction, including for adverts on other real estate portals.

13.2 Prohibited Access Methods

Content offered by Homelike 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.

 

13.3 Right to deletion upon termination of the contract

If the Terms are terminated – regardless of grounds – Homelike is entitled to delete all User content, without any obligation to retain or return such content to the User.

 

13.4 Prohibited Content

Users will not publish, post, upload, distribute, or disseminate (a) any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights) of others, or otherwise violate any such rights using the Platform or Services; (b) any profane, defamatory, libelous, obscene, indecent, threatening, or unlawful topic, name, image, material, or information; (c) any content that, in Homelike’s sole and absolute judgment, is objectionable, or which may expose the Platform, Services, or its users to any harm; (d) any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes; (e) any false information or misrepresented in ways that could damage Homelike or any third party; (f) any content that supports circumvention of these Terms; or (g) containing any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs.

14. Measures for unlawful conduct by Users and/or conduct by Users in contravention of the Terms

14.1 Extraordinary termination by Homelike

If a User breaches these Terms, Homelike is entitled to suspend User’s use of the Services and Platform and/or terminate the Terms with immediate effect. Accordingly, Homelike may ban the User concerned from using Services, delete content it uses, and take any other measures within the meaning of Section 14.3. Notwithstanding the foregoing, Homelike reserves the right to pursue all other remedies available under the Terms or applicable law, including seeking injunctive relief and claims for compensation, including in court.

14.2 Deletion and refusal to record content

Homelike does not review published content. If applicable law or regulations of these Terms are breached by the uploading of content by a User, Homelike is entitled to refuse to accept such content, to immediately delete and lock such content in whole or in part, and to immediately delete the pages containing such content and any reference to those pages.

14.3 Homelike measures

If the User breaches legal provisions, infringes third-party rights or breaches the Terms, 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:

  • 14.3.1 issue a warning to the User;
  • 14.3.2 delete offers or other User content;
  • 14.3.3 restrict the use of the Platform for the user;
  • 14.3.4 temporarily or permanently completely lock the User out of the Platform (blocking); and
  • 14.3.5 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.

14.4 Ban on New Registration After Being Removed

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

14.5 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.

15. Indemnification of Homelike by Users

USER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HOMELIKE, ITS LICENSORS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING, WITHOUT LIMITATION, ALL REASONABLE ATTORNEYS’ FEES, ARISING FROM OR RELATING TO (A) USE AND/OR ACCESS OF THE PLATFORM AND SERVICES BY USER OR ANY PERSON USING USER’S ACCOUNT; (B) BREACH OF THESE TERMS BY USER OR ANY PERSON USING USER’S ACCOUNT; (C) VIOLATION OF THE LAW OR ANY THIRD-PARTY RIGHT BY USER OR ANY PERSON USING USER’S ACCOUNT; (D) USER’S INTERACTION WITH ANY OTHER USER OR STAY AT AN ACCOMMODATION; AND (E) ANY ACTIVITY OTHERWISE RELATED TO USE OF THE SERVICES (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY USER OR ANY PERSON USING USER’S ACCOUNT.

16. Limitations on Liability and disclaimer of warranties

16.1 Homelike Liability for Contracts between Customers and Providers

Each User must independently review the identity of their respective contracting partner. Homelike does not guarantee the accuracy of the contract details provided on the Platform, other User data and content and does not review such information. 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. Homelike is not liable for services that Providers assume in the process of concluding a contract between a Customer and Provider. Homelike recommends that Providers insure their Accommodation accordingly.

16.2

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HOMELIKE, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY OR ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS AND HOMELIKE’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, HAVE ANY LIABILITY IN CONNECTION WITH, ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM OR SERVICES, INCLUDING CONTENT WITHIN THE PLATFORM, FOR: PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. IN NO EVENT WILL HOMELIKE’S AGGREGATE LIABILITY FOR ANY CLAIM OR DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR USER’S USE OF THE PLATFORM OR SERVICES EXCEED THE AMOUNT PAID BY USER TO HOMELIKE DURING THE 12 MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR USER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HOMELIKE DISCLAIMS ALL LIABILITY OF ANY KIND ARISING FROM THE UNAUTHORIZED ACCESS TO OR USE OF USER PERSONAL INFORMATION (AS DEFINED IN THE PRIVACY POLICY). THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE AGREEMENT BETWEEN USER AND HOMELIKE. 

 

Disclaimer of Warranties. USER’S USE OF THE SERVICES IS AT USER’S SOLE RISK. THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, INFORMATION, CONTENT, FUNCTIONS, PRODUCTS, TEXT, GRAPHICS AND LINKS THEREON, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, DATA ACCURACY, SYSTEM INTEGRATION, AND WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. HOMELIKE DOES NOT WARRANT THAT (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) EXISTENCE, CONDUCT, PERFORMANCE, SAFETY, QUALITY, LEGALITY OR SUITABILITY OF ANY PROVIDER, CUSTOMER, OTHER THIRD PARTY OR ACCOMMODATION; OR (E) THE RESULTS OF USING THE SERVICES WILL MEET USER’S REQUIREMENTS. HOMELIKE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE SERVICES OR WITH RESPECT TO ITS COMPLETENESS, ACCURACY, TRUTHFULNESS, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. THE PLATFORM AND SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS AND HOMELIKE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. IF USER IS DISSATISFIED WITH THE SERVICES, USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. USER AGREES THAT HOMELIKE, IN ITS SOLE DISCRETION, MAY IMMEDIATELY TERMINATE USER’S ACCESS TO THE SERVICES AT ANY TIME, FOR ANY REASON. USER AGREES THAT HOMELIKE WILL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY TERMINATION OF USER’S ACCESS TO THE SERVICES OR DELETION OF USER’S ACCOUNT.

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

17.1 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.

17.2 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.

17.3 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 installment of the fee due to Provider 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 obligated to pay compensation if the Customer defaults on payment.

17.4 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 Terms of the respective payment Provider chosen apply.

17.5 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.

17.6 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 under Section 10.

17.7 Payment defaults and Homelike liability

Should (a) there be any general payment defaults by the Customer, (b) the Provider refuse to repay the amount collected or (c) there be any payment disputes (including credit charge disputes or chargebacks triggered by Customers), Homelike shall not be liable for such nonpayment or dispute. 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.

17.8 Invoicing for User Fees

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

17.9 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.

17.10 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 Terms. This does not constitute circumvention. The Provider must provide information relating to such costs to Customer and Homelike 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.

17.11 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 (https://stripe.com/de/connect-account/legal) and are incorporated by reference.

18. Deposit

18.1 Evidence of the deposit

The Provider may ask Customer for a deposit in booking an 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.

18.2 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.

19. Term and Termination

19.1 Term

The agreement between User and Homelike reflected by these Terms is effective from when User first accesses the Platform and remains in effect until terminated by either Homelike or User in accordance with the terms herein.

19.2 Termination by User

Users can terminate this agreement and User’s account at any time by sending a message to Homelike in text form (e.g. letter, fax, e-mail, to support@thehomelike.com). Such termination shall be effective upon receipt by Homelike. Bookings made by the User with other Users and payment for all User Fees and Services Fees due prior to termination remain unaffected by the termination of this agreement.

19.3 Termination by Homelike

Homelike may terminate this agreement and any User’s account for any reason by giving notice to User via email or using any other contact information provided by User for its account. In addition to the foregoing, Homelike may immediately terminate this agreement and User’s account, or suspend User’s account, if User breaches these Terms, violates applicable law or any third-party rights or Homelike reasonable believes such termination or suspension is reasonably necessary to protect Homelike, its users or any third parties.

19.4 Contracts between Users upon termination

The termination of this agreement does not affect any contracts between a Provider and Customer in effect prior to such termination.

20. Intellectual Property

User acknowledges and agree that the Services and Platform are provided under the limited license and access rights set forth in these Terms and are not sold to User. All rights not expressly granted to User under these Terms are expressly reserved by Homelike. User does not acquire any ownership interest in the Services or Platform, including but not limited to any underlying data or algorithm, under these Terms, or any other rights thereto other than to use the Platform and Services in accordance with the limited license and rights granted in these Terms, and subject to all terms, conditions, and restrictions, under these Terms. The Services and all content and materials on the Services and Platform provided by Homelike, including, without limitation, all graphics, interfaces, features, algorithms, calculations, functions, text, button icons, data compilations, software, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Services, trademarks and logos, audio and video clips, are and will remain owned by, or licensed to, Homelike. Homelike and its licensors and service providers reserve and shall retain its and their entire right, title, and interest in and to the Services and Platform, including, without limitation, all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein or relating thereto, except as expressly granted to User in these Terms. User shall not (i) remove, delete, alter, or obscure any trademarks or any notices of copyright, trademark, patent or other intellectual property or proprietary rights from the Services or Platform, including any copy thereof; or (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services, or any features or functionality of the Services or Platform, to any third party for any reason, including, without limitation, by making the Services or Platform available on a network where it is capable of being accessed by more than one device at a time.

21. Third-Party Offerings

User may be able to access websites, content, or services provided by third parties through links that are made available through the Platform or Services. For example, Homelike may permit third parties with related and/or affiliated services to link their products and services on the Site, and those links may redirect User to the website(s) of the third parties. Additionally, from time to time Homelike may refer User to one or more of Homelike’s business partners who make available products or services through their respective websites or by other means. Homelike may also repost articles from third party publications that are relevant to or refer to its Services. Homelike refers to all such other websites, content, services, and products as “Third–Party Offerings.” If User elects to use such Third-Party Offerings, and/or if User elects to “click” on a link or button, User understand that (i) User will be leaving Homelike’s Platform or and (ii) User’s use of any such Third-Party Offering will be subject to any terms and conditions required by the applicable third party. User understands that Homelike are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant User any rights to access, use, download content from, or purchase any Third-Party Offerings. The fact that Homelike links to a third-party website or service does not imply any relationship, sponsorship or affiliation between Homelike and such third party and is not an endorsement of that third party, nor is it an endorsement of their privacy or information security policies, term of use, business practices, or their compliance with laws. Homelike encourages User to read the privacy policies and terms of use of the other websites and services User uses and the terms of the offers in which User participates. User agrees that Homelike are not responsible for nor will Homelike be liable to User or any third party for User’s interaction with such third parties and User’s access and use of such Third-Party Offerings is at User’s own risk. Similarly, third parties may refer User to the Platform and Services. Their reference or links do not serve as an endorsement. Homelike encourage User to read their privacy policies, terms of use and other relevant disclosures and documents. User are subject to their terms, and Homelike is not responsible for their products, services, or websites.

22. Governing Law and Venue

These Terms and the relationship between User and Homelike will be governed and construed in accordance with the laws of New York, without regard to conflict-of-laws principles and excluding the U.N. Convention on the International Sale of Goods. You agree to submit to the personal jurisdiction and venue of the courts of New York, New York.

23. Dispute Resolution and Arbitration

23.1 General

This Section applies to any Dispute except for Disputes relating to the enforcement or validity of Homelike’s intellectual property rights. The term “Dispute” means any dispute, action or other controversy between User and Homelike concerning these Terms, the Platform or Services or any product, service or information Homelike makes available to User, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, User or Homelike must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. User must send any Notice of Dispute by Mail to Homelike Gmbh, Hansaring 97, Cologne, 50670, Germany. Homelike will send any Notice of Dispute to User by to User’s address if Homelike has it, or otherwise to User’s email address. User and Homelike will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either User or Homelike may commence arbitration. User may also litigate any Dispute in small claims court in User’s county of residence or New York, New York, if the Dispute meets all requirements to be heard in the small claims court. User may litigate in small claims court whether or not User negotiated informally first.

23.2 Binding arbitration

If User and Homelike do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration, as further described in this section, before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

23.3 Class action waiver

To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither User nor Homelike will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

23.4 Arbitration procedure

Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. User and Homelike each agree to commence arbitration only in New York, New York. User may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to User individually as a court could. The arbitrator may award declaratory or injunctive relief only to User individually, and only to the extent required to satisfy User’s individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a Dispute hereunder, except for purposes of: (a) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (b) obliging the other party to participate in the arbitration proceedings, (c) requesting any type of conservative or interim measure in connection with the Dispute prior to the constitution of the arbitral tribunal, (d) requesting the appearance of witnesses and/or experts, and/or (e) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, User understands that it is waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

23.4 Claims or Disputes

To the extent permitted by applicable law, any claim or Dispute by User under these Terms must be filed within one (1) year from the date of the cause of action. If a claim or Dispute is not filed within one (1) year, such claim is permanently barred.

23.5 Equitable relief

User agrees that Homelike would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy Homelike may have at law, and notwithstanding Homelike’s agreement to arbitrate Disputes, Homelike is entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to User’s violation of these Terms in any court of competent jurisdiction.

24. Entire Agreement; Severability; No Waiver; Assignment

24.1

These Terms, together with Homelike’s Privacy Policy, each as may be amended from time to time, constitute the entire agreement between User and Homelike regarding the Platform and Services. Neither the course of conduct between Homelike nor trade practice shall act to modify these Terms.

24.2

Homelike will not be in default or otherwise liable for any delay in or failure of Homelike’s performance under these Terms if such delay or failure arises by any reason beyond Homelike’s reasonable control.

24.3

If any provision of these Terms is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, such provision will be deleted from these Terms and the remaining provisions will continue with full force and effect.

24.4

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under these Terms will act as a waiver thereof, nor will a single or partial exercise of any right or power under these Terms preclude further exercise of that or any other right under these Terms.

24.5

These Terms, and any rights and licenses granted hereunder, may not be delegated, transferred or assigned by User, without the prior written consent of Homelike, and any attempt to do so shall be null and void. Homelike may assign these Terms and Homelike’s rights and duties hereunder to any party, or Homelike may replace the contractually bound entity by way of novation by posting on the Platform or updating these Terms with the name of another entity, at any time without prior notice to you. The Terms shall be binding on each party’s permitted successors and assigns.

24.6

All headings in these Terms are included solely for convenience, and shall not affect its interpretation.

24.7

These Terms are made and entered into for the sole protection and benefit of the parties hereto, and no other person or entity shall be a direct or indirect beneficiary of, or shall have any direct or indirect cause of action or claim in connection with these Terms.

24.8

The parties are independent contractors and nothing in these Terms shall be construed as creating a partnership, joint venture or agency relationship between the parties, or as authorizing either party to act as agent for the other or to enter into contracts on behalf of the other.

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