Terms of service

Dear 9flats user,

We know that General Terms and Conditions of Business are long and often seen as being commonly dull. All the same, it’s really important that you read them the following provisions carefully. The general terms and conditions of business firstly describe the specific contractual relationship that exists between you and 9flats (i.e. the respective rights and obligations of you and 9flats) and secondly outline the fundamental obligations that concern the relationship between the guest and host.

General Terms and Conditions of Business for the usage of the 9flats.com platform

1

Scope of validity, change in the conditions of use

1.1

The following General Terms and Conditions of Business apply for the business relationships between the user of the online platform 9flats and 9 Flats GmbH, Lerchenstraße 16a, 22767 Hamburg, represented by its managing director Roman Bach (hereinafter referred to as “9flats”).

1.2

General Terms and Conditions of Business or contract conditions of the user that contradict or deviate from these General Terms and Conditions of Business are not recognised by 9flats unless their validity is explicitly agreed to in writing. These General Terms and Conditions of Business are also applicable if 9flats unconditionally carries out the service towards the user in the knowledge of the user’s contradictory or deviating conditions.

1.3

On request, 9flats offers the users particular additional services. Special conditions apply for this and reference is made to these within these General Terms and Conditions of Business.

2

Registration, conclusion of the usage agreement, obligations with regard to the user account

2.1

In principle, any natural person or legal entity can use the offering of 9flats. However, this person must register on the online platform of 9flats and the user account must be administered by a person of full age, or by a person entitled to represent such an individual.

2.2

With the complete registration (surname, first name, e-mail address, and password) in addition to the consent to these General Terms and Conditions of Business and the data protection conditions, the user account (referred to as a member account on the website) is set up and subsequently an agreement is concluded between the user and 9flats for the usage of the online platform. Should the user not accept the General Terms and Conditions of Business and/or the data protection conditions, the usage agreement is not concluded.

2.3

As a text of the contract we save the booking details (in the languages German, English, Spanish, Italian, French, Portuguese and Turkish) and the General Terms of Conditions of Business. After completed booking these contract details can be accessed within the statutory retention periods as far as there is proof of a legitimate interest.

2.4

The user undertakes to provide truthful, current and complete information during registration.

2.5

The user undertakes to keep the data up-to-date and correct at all times.

2.6

The user undertakes not to disclose the selected password.

2.7

The user undertakes to immediately inform 9flats if there is reason to suspect unauthorised usage of his/her user account.

2.8

Currently the registration for usage of the online platform is free of charge for users.

3

General services of 9flats
(Functions of the platform, entry into force of contracts between the users, payment modalities)

3.1

9flats offers an online platform to registered users. On this platform, a user can firstly offer other users the usage of apartments, rooms or another kind of accommodation (hereinafter referred to as: accommodation) for a fee. Secondly, a user can also look for suitable accommodation on this online platform and make a booking query via the online platform. 9flats therefore provides the users with a marketplace on which guest and host can find each other.

3.2

The provider of accommodation is hereinafter referred to as the host; the person searching for accommodation is referred to as the guest. The term “user” applies to both the host and the guest.

3.3

One explicitly makes reference to the fact that 9flats does not offer any accommodation and is not a contracting partner to contracts which have solely been concluded between the users (guest and host). During the course of contract negotiations between guest and host, 9flats does not submit any declarations of intent.

3.4

9flats undertakes to provide services in a reliable and straightforward manner pursuant to Clause 8 (and/or 9) of this contract; 9flats acquires the claim from the host for the accommodation price directly after its incurrence and asserts this claim in its own name and for its own account towards the guest (cf. Clause 8).

3.5

9flats offers each user the option of using the online platform both as a host and as a guest.

3.6

9flats offers users the technical possibility for them to publish content in word and images on the website themselves (descriptions of accommodation, ratings, etc., cf. Clause 3.13 and 4.1).

3.7

9flats communicates binding booking enquiries via the online platform from guests to the hosts.

3.8

9flats communicates the acceptance of a binding booking enquiry from the host to the guest; subsequently the guest and host have concluded a valid contract with one another regarding the usage of the accommodation. In this case, 9flats sends an e-mail to host and guest in which the information provided by the contracting partners such as type of accommodation, length of stay and the prices are once again listed. It is not until this email that further contact details of the contracting partners stored on the online platform are exchanged between the host and guest.

3.9

9flats offers some hosts the option of receiving direct bookings from guests. In this case, the booking of the accommodation is already legally binding with the receipt of the binding booking enquiry by the host. Direct bookings are clearly marked as such.

3.10

9flats offers the users the option of creating a comprehensive personal profile. This, however, is not necessary. The online platform can be used solely under one first name in the public area. Pursuant to Clause 3.9, (other) personal data are only exchanged between guest and host of 9flats only if a binding booking has been concluded between these parties.

3.11

In addition, 9flats offers the user a “credit account” which can be topped up with so called “credits” resulting from certain activities such as suggested friends registering, writing of a first rating for an accommodation or similar actions. These credits cannot be paid out, but they can be used for platform-internal payments of a booking via 9flats. The precise conditions how and for what value the credit account can be topped up, which are part of these General Terms and Conditions of Business, can be found here .

3.12

In addition, 9flats offers users within the online platform a messaging system where they can communicate with one another like for instance in order to clarify any uncertainties in the run-up to booking queries, without being able to exchange the real contact details.

3.13

9flats also offers users a rating system on the online platform with which the users can rate each other. The provisions for the usage of this rating system are outlined under Clauses 11 and 12.

3.14

9flats offers hosts and guests an insurance. The 9flats.com insurance refers to the obligation pursuant to certain conditions to provide compensation for damage caused to the inventory of the rented accommodation. Detailed information can be found here .

3.15

The services of 9flats will be offered to the users subject to particular conditions. 9flats will make every effort to ensure that the services are accessible at all times. The usage options can be restricted or temporarily interrupted through maintenance work, further development or disruptions. As far as possible 9flats will inform users in good time of disruptions as those referred to as above.

4

Special services provided to the host by 9flats
(listing of accommodation, cancellation policies, processing transactions, optional insurance cover)

4.1

9flats offers hosts the opportunity to place their accommodation on the online platform with a description, photos, price(s), availability calendar and a personal user profile (accommodation profile).

4.2

9flats offers hosts the option of entering the accommodation at different prices (currently referred to as “General price” or “Seasonal price”) for certain periods and to indicate and charge additional fees such as, for instance, cleaning charges, fees for the use of a washing machine, etc.

4.3

9flats offers the host the option of setting cancellation conditions for their guests. The host may agree upon the cancellation policy with guests individually. However, 9flats also provides three different cancellation policies for guests (flexible, semi-flexible, strict) that hosts may elect to offer their guests. These “Cancellation Policies for Guests” can be consulted here. Apart from that the agreement reached between the guest and host can only be rescinded if both parties agree to this rescission and the consent is declared at least in text form by corresponding e-mails.

4.4

The listing of accommodation by the host does not constitute a legally binding offer. It merely gives guests the opportunity for them to make a legally binding offer. Only after an offer has been accepted by the host has a contract been concluded. This also applies to ‘instant bookings’.

All booking requests (binding offers) made by the guest are forwarded to the host by 9flats. However, booking requests will be automatically deleted from the host’s system in the event another host accepts a guest’s booking request beforehand. Once a host accepts a guest’s booking request, all other booking requests are deemed invalid. In this respect the booking request is only insofar as binding until one of the requested hosts accepts.

Booking requests that are not accepted by a host within 24 hours shall be declined automatically by the system. The host has to reply to a booking request within 24 hours or else it is automatically rejected by the system. When a host accepts a booking request, both the guest and the host each receive a confirmation-email.

4.5

9flats also allows the host to cancel the booking; the details of this are regulated in the following paragraphs.

4.5.1

The cancellation is possible by way of the “Cancel booking” button

4.5.2

A prompt detailing the consequences of the cancellation appears and the host has to declare that he agrees with the cancellation conditions by opting in.

4.5.3

By clicking the button “Cancel now”, the cancellation is effected.

4.5.4

The host has to pay a cancellation fee of 15% of the total price, but no less than EUR 50.00, to 9flats for every cancellation. The host will be explicitly reminded of this cancellation fee during the cancellation process.

4.5.5

The duty of the host to fulfill any potential claims for damages from guests is not affected.

4.5.6

In particular, the host undertakes to cover the price difference in case the guest cannot find accommodation of acceptable value for the booking period and has to switch to a more expensive accommodation or a hotel room. If the price of the alternative accommodation or the hotel room exceeds the total price of the cancelled accommodation by more than 25%, the guest needs to furnish prima facie evidence that a stay at a less expensive alternative was impossible.

4.5.7

The host cannot claim an asking price as stipulated in paragraph 8.3.1 for the cancelled booking.

4.5.8

9flats will lock the calendar of the accommodation for the period of the cancelled booking to prevent booking requests and possible further cancellations resulting from it.

4.5.9

If the guest does not encounter the host on the day of arrival at the agreed upon time and place and the host cannot be reached within an acceptable period of time, this shall also be deemed a cancellation by the host.

5

Special services of 9flats provided to the guests (Search function, handling, complaint option)

5.1

9flats offers guests an online platform in the form of a marketplace to search for possible accommodation.

5.2

9flats offers guests with the online platform the option of placing up to three parallel booking enquiries for three different accommodation for one specified period. As soon as the booking enquiry is accepted by a host, the guest has concluded a valid contract with the latter; the further booking enquiries are forwarded automatically by 9flats immediately and marked as declined so that multiple bookings are excluded at the same time automatically the other booking enquiries are with immediate effect noted by 9flats as rejected which excludes multiple bookings.

5.3

At its own discretion, 9flats has the option of issuing vouchers in favour of the hosts within the scope of special promotions. 9flats is not obligated to do this; the guest does not have any entitlement to any kind of special promotions.

5.3.1

At the discretion of 9flats, these vouchers can have a discount for a certain amount or a discount of a percentage share of an accommodation price.

5.3.2

In the event of a special promotion, the guest receives a voucher which indicates the corresponding discount and includes a so-called voucher code. The guest must indicate this voucher code to redeem the discount when booking.

5.4

Furthermore, 9flats also offers the option of contacting 9flats with a complaint if there are any problems with the accommodation and/or the host within at the latest 24 hours after the check-in. The complaint must at least be made in text form (e-mail). In this compliant, the guest must specifically indicate the grounds for the complaint. In such a case, 9flats will attempt to bring about an amicable solution. An amicable solution is deemed to have been reached when the accommodation parties (host and guest) have submitted two corresponding declarations of intent to this effect from which it is clearly evident that both parties are in agreement with the formulated solution; the compliant declarations of will must at least have been submitted in text form (e-mail). The further procedure is based on Clause 9.2.

6

Services and other obligations of the host

6.1

The host undertakes to handle the payment pursuant to Clauses 8 and 9.

6.2

The host undertakes to make truthful and correct statements with regard to their contact details, including the data for payment handling.

6.3

The host undertakes to describe the offering of the respective accommodation in word and if applicable in photos correctly and completely in order to provide guests with a true impression of the accommodation and to make it possible for them to assess the offering. The offering includes all amenities and features of the accommodation that are of fundamental importance for the guest’s decision, in particular also defects or other disadvantages of the accommodation that have not only an insignificant affect on the value of the accommodation.

6.4

The host undertakes to indicate the complete price of the respective offering including any VAT incurred as well as other price components (such as e.g. cleaning fees) on the accommodation profile. However, the host undertakes to indicate the other price components such as cleaning fees etc. separately.

6.5

The host undertakes to offer the guest one of the cancellation options. The various cancellation conditions for guests can be viewed here. The cancellation conditions become part of the contract which is concluded between the host and guest.

6.6

The host undertakes to state on the accommodation profile if any rooms and/or items in the accommodation are not included in a right of usage and/or what other rules of conduct are to be part of the contract (“house rules”).

6.7

The host undertakes to accept or decline binding booking enquiries from guests within 24 hours.

6.8

In the case of a direct booking being offered, the host undertakes to recognise the direct binding nature of this and the resulting direct conclusion of a contract. The host is not obligated to offer direct booking options.

6.9

The host undertakes not to charge the guest any other fees, commissions or other payments beyond total price indicated on the accommodation profile.

6.10

The host undertakes to issue the guest with an orderly invoice.

6.11

The host undertakes to satisfy themselves of the identity of the contracting partner as far as this is necessary.9flats can only carry out a very limited check on the data provided at the time of registration as the identification of persons via the internet is somewhat restricted. Consequently, despite all efforts, it is impossible to exclude that false data have been provided for a user account.

7

Services and other obligations of the guest

7.1

The guest undertakes to handle the payment pursuant to Clauses 8 and 9.

7.2

The guest undertakes to make truthful and correct statements with regard to his or her contact details, including the data for payment handling.

7.3

The guest undertakes to recognize the cancellation conditions offered by the host to guest as part of the agreement between the host and guest.

7.4

The guest undertakes to accept the cancellation conditions for host as stipulated in paragraphs 4.5 and 9.2 also as part of the contract between host and guest.

7.5

The guest undertakes to recognise the “house rules” pursuant to Clause 6.6 as part of the contractual conditions between the host and guest.

7.6

The guest undertakes to satisfy themselves of the identity of the contracting partner as far as this is necessary. 9flats can only carry out a very limited check on the data provided at the time of registration as the identification of persons via the internet is somewhat restricted. Consequently, despite all efforts it is impossible to exclude that false data have been provided for a user account.

8

Payment handling (remuneration, purchase of accounts receivable, payment flow)

8.1

With the acceptance of the binding booking enquiry or in the event of a direct booking with the receipt of the booking by the host, an effective contract is concluded between the host and guest regarding the host’s obligation to make an accommodation available for the guest’s use for a certain period of time and the guest’s obligation to pay a certain fee to the host for this. The payable amount results from the price agreed between the host and guest for the usage of the accommodation (accommodation price), and any other remuneration agreed such as cleaning fees or fees for washing machines, which is indicated in the accommodation profile.

8.2

With the conclusion of the binding contract, the host is entitled to claim the accommodation price from the guest (receivable); the receivable becomes due immediately.

8.3

Host and 9flats agree that the host in pursuant to 8.1 and 8.2 sells the created receivable following its conclusion to 9flats and by means of assignment transfers it to the latter.

8.3.1

9flats undertakes to pay to the host as the purchase price for the receivable the amount of the accommodation price minus a commission (receivable price). The commission is normally 15% of the accommodation price; 9flats, however, reserves the right to change this commission at times in favour of the host as part of special promotions and discounts. The host will be informed about possible aforementioned discounts and special promotions on the online platform via the user account and where necessary, also informed by e-mail.

8.3.2

The parties are in agreement that the receivable will not become due until 24 hours after the guest has checked into the accommodation. For bookings of more than 10 days 9flats is entitled to pay the receivable price in reasonable instalments.

8.4

The guest undertakes to immediately settle the due receivable with 9flats or to make it possible for 9flats to collect the receivable.

8.5

9flats shall collect the receivable in its own name and for its own account.

8.6

9flats shall bears the risk of the uncollectibility of the receivable from the guest. 9flats must in case of doubt commence legal proceedings to enforce the claim against the guest.

8.7

If, however, it is recognised in the court proceedings between 9flats and the guest that the assigned receivable (accommodation price) did not exist with regard to its merits or amount, 9flats can also claim the difference between the original amount of the receivable and the amount of the receivable recognised in court from the host as damages, as well as the court and lawyer costs necessary to gain the right in this case. Ultimately, it is the responsibility of the host to ensure that the assigned receivable exists in the scope envisaged pursuant to the original contract for the purchase of receivables pursuant to Clause 8.3.

8.8

The host undertakes to truthfully and completely provide 9flats with all required information that is necessary to commence legal proceedings in order to make a claim against the guest. 9flats reserves the right to involve the host in the legal proceedings within the scope of possibilities offered by the Code of Civil Procedure.

8.9

In the event of a non-redemption or objection of a direct debit, the user (guest or host) irrevocably gives permission to the bank to release their full name and address at the request of 9 Flats GmbH.

8.9.1

In case a bank transfer is returned which the guest is at fault for or a respective failed credit card booking (because of a lack of sufficient funds) then 9flats will burden the guest with the costs for the charge back in form of the actually calculated fees of the respective financial institute. The guest is though free to prove that 9flats has suffered no or a much smaller damage. As long as no complete payment has been received within 10 days after receipt of the booking confirmation then 9flats is in no way obliged to maintain the existing booking, meaning that the booking will be cancelled according to the cancellation policies at the expense of the guest. In any case the guest is obliged to pay the agreed amounts for the booked services. Part payments are not permitted.

8.10

9flats reserves the right to additionally bill the guest for an appropriate extent for any administrative costs which might be incurred if the guest chooses the payment options credit card, debit card or PayPal. Such costs are displayed by us in detail before conclusion of the booking. The guest has the right to prove that 9flats has suffered no or much lower costs than those which have been displayed. All other payment options offered by 9flats are free of charge for the guest.

9

Payment handling in the event of cancellation and complaint

9.1

In the event of a cancellation, the guest and host have rescinded the agreement regarding the accommodation. Depending on the beforehand agreed cancellation conditions this means that the host’s entitlement to payment of the accommodation price has lapsed in part or completely.

9.1.1

The guest is also able to exercise this objection against 9flats as new creditor of the claim. 9flats is subsequently obliged to reimburse the guest the respective cancellation amount pursuant to the cancellation conditions agreed upon between the guest and host.

9.1.2

As a consequence of the cancellation the entitlement to the receivable assigned to 9flats (paid booking sum on conclusion of the booking) does not exist in the scope as had been presumed under the original receivable purchase contract pursuant to Clause 8.3. In any case a processing fee pursuant to Clause 9.1.3 which amounts to 15% is due for the cancellation and subsequently retained by 9flats. The refund for the guest (minus the stated processing fee) and the payment amount to the host depends on the cancellation conditions that apply to the booking.

9.1.3

Pursuant to the cancellation conditions for every type of cancellation made by a guest a processing fee amounting to 15% of the originally agreed accommodation price has to be paid by them.

9.1.4

Should the host want to cancel a confirmed booking and 9flats after due diligence come to the conclusion that this booking is objectively impossible and the host is responsible for the impossibility then 9flats will accept the host’s cancellation. Pursuant to the cancellation conditions the guest is fully refunded all incurred costs. For hosts specific provisions apply which can be viewed in the cancellation conditions. In this case both guest and host declare this contract to be dissolved.

9.2

In case of a cancellation by the host, the full amount agreed upon for the booking and paid in advance is reimbursed. For the host, paragraph 4.5 applies.

9.3

If the guest should submit a complaint to 9flats pursuant to Clause 5.3 at least in text form within 24 hours after check-in claiming that there are defects in the accommodation then 9flats will check these objections. 9flats will attempt to bring about an amicable solution.

9.3.1

The parties are in agreement that with an amicable solution pursuant to Clause 5.4 the price of the accommodation can be subsequently reduced.

9.3.2

The parties are in agreement that with an amicable price reduction the assigned receivable is regarded as not existing in its full amount as it had been initially.

9.3.3

The parties are in agreement that, in the event of an amicable solution and price reduction, 9flats will pay the guest the difference between the original accommodation price and the subsequent determined price by the guest and host from the resulting established defect.

9.3.4

The parties are in agreement that the host will pay the part of the claim that has expired as a result of the amicable reduction in price (difference amount pursuant to Clause 9.2.3) as compensation to 9flats.

9.3.5

If no amicable solution can be found within two weeks after the guest has checked out, 9flats commence legal proceedings in order to claim the full amount. The host’s obligation to co-operate pursuant to Clause 8.8 applies accordingly.

9.4

Should it not be possible to find an amicable solution within 14 days then 9flats takes a decision based on the information that is available to them. 9flats is obliged to equally consider the interests of both parties. The parties undertake to accept this decision.

10

Cases of suspected fraud

10.1

9flats reserves the right to evaluate exchanged messages between the guest and host to the effect whether the host and guest are collusively cooperating to the detriment of 9flats by jointly concluding contracts for the use of accommodation without actually having any intention to use the accommodation but more to fraudulently act against 9flats or to possibly commit a criminal offence in accordance with the criminal code. Should this suspicion be substantiated through the evaluation then the entire communication of the concerned guest or host will be analysed. In this respect the guest and host consent to the use of the personal data for the stated purposes. In both cases the evaluations are only used to prevent fraud as well as if necessary for criminal prosecution and with the ending of the purpose immediately deleted. Furthermore all parties of this contract agree that the sold receivable does not exist until then and the agreed purchase price (accommodation price on conclusion of the booking minus commission) subsequently not paid to the host until the guest and/or host has been exonerated in respect to the suspicion of fraud.

10.2

In cases of substantiated suspicion, 9flats reserves the right to report the suspected persons to the police or the state prosecutor.

10.3

9flats reserves the right to repay amounts already paid by the guest, minus a fee for the processing in cases of the attempted fraud.

11

Rating system

11.1

9flats enables members after fulfilment of the contract by using a rating system to rate each other and to rate the content published by other members as to whether it is helpful, relevant or useful.

11.2

Members are obliged to only make truthful statements in the ratings that are given and to comply with the statutory provisions. The ratings must be objective are not allowed to include any abusive criticism.

11.3

9flats does not verify the ratings.

11.4

It is not permitted to use the rating system that would be contrary to its purpose. In particular, it is forbidden
- to submit incorrect ratings,
- to submit ratings about oneself or to have such a rating be submitted by a third party or
- to include circumstances in ratings that are not associated with the conclusion or fulfilment of the contract.

11.5

9flats reserves the right, when it becomes aware of this (information from third parties) to completely or partly delete such ratings in case they include content which is improper according to 11.4 or is prohibited content or activity pursuant to 12.2.

12

Content: rights, granting of rights, forbidden content, indemnity

12.1

Description of accommodation, ratings, profile images

12.1.1

The works protected by copyright that are used by the hosts for the description of the accommodation, in particular texts and photographs as well as graphics and videos (descriptions of accommodation) as well as the texts used by the users for ratings and profile pictures used by the users must not infringe the rights of third parties, in particular in respect to copyrights, trademarks and personal rights.

12.1.2

The users give assurance that they have the necessary rights to the texts and photographs mentioned under Clause 12.1.1 and, if applicable, graphics or videos or other works protected by law and/or trademarks and/or consents with regard to personal rights.

12.1.3

By making an accommodation description or a rating publicly accessible on the online platform of 9flats (entry, upload and thus release of texts, photographs, videos, graphics, etc.) the user grants 9flats the free, non-exclusive right to use for an indefinite time and area this work (in its entirety or in part) worldwide for the provision of the services offered by 9flats or to advertise this service on the Internet or a mobile application), and to use this work worldwide for the provision of the services offered by 9flats or to advertise this service on posters, in print media of any kind, television and radio advertising (right of copying, dissemination, broadcasting, public rendition) and the right to process or redesign the works and the right to transfer these rights to third parties if this is necessary to meet the required purpose (provision of the service offered by 9flats or to advertise the service).

12.1.4

With the making public of a profile picture on the online platform of 9flats (upload and release of pictures, publication of texts, etc.), the user grants 9flats the free, non-exclusive right for an unlimited time and area to use this work (in its entirety or part) worldwide to provide the services offered by 9flats on the Internet or mobile applications (right to make publicly accessible). Pursuant to Clause 12.1.3, the profile picture of the user may not be used for advertising, unless the user has explicitly agreed to this at least in text form.

12.1.5

9flats does not check uploads made by the users pursuant to the aforementioned clauses with regard to the legality of the content.

12.1.6

9flats reserves the right when it becomes aware of this (information from third parties) to completely or partly delete content if the content is unlawful or is to be seen as forbidden content or forbidden activity pursuant to 12.2.

12.2

Other forbidden content and activities

12.2.1

It is the responsibility of users to ensure that their conduct on the online platform complies with the valid laws and these General Terms and Conditions. The following content and activities outlined below are those that breach applicable law, which pursuant to Clause 12.1 are not allowed to be published or undertaken via the online platform or otherwise in the interest of 9flats not via their services and as a consequence are forbidden on the online platform and its services:
- insults, false accusations, abusive criticism, other defamatory statements,
- statements and images relevant under criminal law (such as National Socialist comments and images, those glorifying violence and war, racial abuse, children or violent pornography or calls to commit criminal offences),
- any sexual content and depictions or those that are a danger to children and young people;
- copying, distributing and making works protected by copyright publicly accessible if the user does not have the corresponding usage rights,
- publication of images on which persons can be recognised who have not given their consent to publication,
- de-anonymization of other users
- Usage of the platform for own commercial purposes that go beyond the actual purposes of this platform unless 9flats has agreed to such a commercial usage in writing beforehand,
- publication of personal data of third parties,
- usage of the platform for (solely) political or religious activity,
- sending of junk mails, chain letters or unrequested mass mails, instant messages, spimming or spamming,
- disruption, interruption or excessive use of the services of 9flats,
- the use of the account, user name or password of another member, use of mechanisms, software or other scripts in conjunction with the online platform that could impair the faultless and orderly function of the platform and the respective website,
- blocking, overwriting or modification of content generated by 9flats,
- usage of the services of 9flats in a way that breaches the valid laws and regulations in another way.

12.2.2

The examples included in the list are not exhaustive. The consequences of breaches of statutory regulations, the rights of third parties or these General Terms and Conditions of Business is regulated in the Clauses 12.3 (indemnity), 13 (Deletion of content, blocking of accounts) and 14 (Liability of the user).

12.3

Indemnity

12.3.1

The user shall indemnify 9flats from all claims that other users or third parties file against 9flats due to the breach of their rights by the offers and content entered by the user or due to other usage of the website, including ratings submitted by the member.

12.3.2

The user also assumes the necessary cost of legal counsel (attorney and court costs) here of 9flats.

12.3.3

In addition, the user undertakes to provide 9flats, in the event of a claim being filed by third parties, with all information in a truthful and complete manner that is necessary to verify the claim and mount an appropriate defence.

13

Deletion of content, restriction and blocking of accounts

13.1

In the event that a user breaches statutory regulations, rights of third parties or the General Terms and Conditions of Business, 9flats reserves the right, subject to termination without notice,
- warn the member,
- delete offers or other content of this member,
- restrict the usage of the platform for the user,
- temporarily or permanently exclude the use of the platform (blocking),
- initiate other legal steps (such as filing criminal charges)

13.2

These measures are, as far as they are required by law, at the discretion of 9flats. However, 9flats will take into account the legitimate interests of the user as well as all circumstances relating to the breach, particularly the degree of culpability.

13.3

As soon as a user has been blocked, this member is not permitted to register with another user account or use the services via another user account.

13.4

Already concluded usage agreements between users generally remain unaffected from this restriction or blocking of the user.

14

Liability of the user

14.1

The user is generally liable for all activities that are made through their user account, unless the user is not responsible for the misuse of their user account as there has not been a breach of their obligation of.

15

Liability restrictions and warranty of 9flats

15.1

9flats is liable without restriction for damage caused in a willful or grossly negligent manner by 9flats, its employees and vicarious agents and in the malicious concealment of deficits, with the explicit assumption of warranty and for damage arising from injury to life, body and health.

15.2

9flats is only liable for other damage if an obligation is breached whose fulfilment makes the orderly implementation of the contract possible in the first place and whose compliance the contracting partner may regularly trust in (cardinal obligation). The compensation obligation is restricted to damage that can be seen as typical of the contract and foreseeable. Any liability pursuant to the product liability law remains unaffected. A liability of 9flats that goes beyond the aforementioned is excluded.

15.3

As 9flats is not involved in the contractual relationship between the guest and host, 9flats cannot assume any warranty and/or liability for services from the agreement regarding the accommodation. However, 9flats must allow objections that the guest files with justification against the host to be made against itself with regard to the claim (cf. Clause 8, 9).

16

Duration, termination

16.1

The usage agreement runs for an indefinite period of time from the time of registration pursuant to Clause 2.

16.2

Users may terminate this usage agreement at any time.

16.3

9flats can terminate the usage agreement at any time with a period of notice of 14 days to the end of the month.

16.4

In cases of doubt, however, the contractual relationship is not ended until the last necessary payment processing pursuant to Clauses 8 and 9 has been concluded.

16.5

The right to block and to terminate the user account is not affected by this.

17

Amendment of the conditions of usage

17.1

9flats reserves the right to amend the General Terms and Conditions of Business with effect for the future in particular in the following cases:

17.1.1

If and to the extent that the market situation has changed in the opinion of 9flats to a considerable extent from a calculative or technical perspective after the conclusion of the contract, 9flats reserves the right to amend the General Terms and Conditions of Business with regard to the amount of commission in a reasonable manner for the users; this consequently incorporates in particular possible, moderate price increases.

17.1.2

If 9flats would like to improve, extend or change for the benefit of the partners the offering and the services, 9flats reserves the right to change the General Terms and Conditions of Business.

17.1.3

If legislation or case law necessitate a change in the General Terms and Conditions of Business, 9flats reserves the right to make a change in the General Terms and Conditions of Business.

17.2

If the terms of use are changed, users will be informed about changes on the website and by email.

17.3

When the user next logs in to his or her user account, he or she will be reminded of the change in the General Terms and Conditions of Business and asked to agree to the changes by opt-in.

17.4

If the user does not accept the proposed changes within a period of two weeks starting from the date the user was informed about the changes to the terms of use as stipulated in paragraph 17.2, the contract shall be upheld without the proposed changes. 9flat’s right to terminate the contract shall not be affected by this.

18

Final provisions

18.1

The law of the Federal Republic of Germany applies, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

18.2

If the user is a business person, legal entity of public law or special fund under public law the exclusive place of jurisdiction for any disputes arising from this contract with 9flats is Berlin. The same applies if the user has no general place of jurisdiction in Germany or residence or the habitual residence is not known at the time of the commencement of proceedings. The text of all provisions is subject to German law and should be interpreted in accordance with German understanding of law. The provided version in all languages serves the purpose of information and is not part of the legal transaction. Therefore in case of discrepancies between the German and the foreign language version only the German version is applicable.

18.3

If individual provisions of the agreement with the user, including this provision, should be or become invalid in their entirety or in part, this shall not affect the validity of the remaining provisions. The same applies in the event of a lacuna.

Data protection policy

Dear 9flats.com user,

We know that data protection conditions are not usually particularly exciting to read. Nevertheless, in your own interest, you should read the provisions below carefully. After all, it is about what we are allowed to do with your data.

Data protection provisions of 9flats

The protection of your data is important to us. After all, you should be able to enjoy using 9flats (9flats GmbH, Lerchenstraße 16a, 22767 Hamburg, represented by the managing director Roman Bach). This is why we inform you below about how we collect data and handle them. When you register with 9flats, you declare by opt-in your consent to these data protection provisions – otherwise, we cannot unfortunately offer you the full usage of our platform.

1. Subject of the data protection

The subject of data protection is personal data. Pursuant to Section 3 Par. 1 of the Federal Data Protection Act (BDSG), personal data are individual information about the personal or material circumstances of a defined or definable private individual. These include e.g. information such as name, postal address, e-mail address or telephone number, and if applicable also usage data such as your IP address.

2. Scope of the data collection and storage

As a fundamental principle, it is not necessary for you to enter personal details to use our online platform 9flats.com.

If you, however, would like to use our service, you have to register with us and at least provide the following personal details:
- your first and last name,
- your e-mail address,
- your town or city (place of the accommodation that you are offering)
Please read our further information under Clause 6 if you register with the Facebook sign-up.

If you actively use our platform by entering accommodation on it, we require the following additional data from you to handle the transaction:
- your PayPal account number or your bank details (account holder, account no. and sort code),
- your complete invoice address including any VAT ID no. in order to be able to involve you for our service.

If you actively use our platform by booking accommodation on it, we require the following additional data from you to handle the transaction:
- your credit card details or your bank account information if you cannot or do not want to pay by PayPal.

The aforementioned information, with the exception of your first name, is not all made public on the platform. The contact details (e-mail address and if applicable telephone number) of you as a guest and/or host are not exchanged between guest and host until after conclusion of a binding booking or if the guest and host have networked with each other via the 9flats friendship function. Beforehand, you can communicate with the guest and/or host via the platform-internal messaging system.

9flats reserves the right to randomly evaluate exchanged messages between the guest and host to the effect whether the host and guest are collusively cooperating to the detriment of 9flats by jointly concluding contracts for the use of accommodation without actually having any intention to use the accommodation but more to fraudulently act against 9flats or to possibly commit a criminal offence in accordance with the criminal code. Should this suspicion be substantiated through the random evaluation then the entire communication of the concerned guest or host will be analysed. In this respect the guest and host consent to the use of the personal data for the stated purposes. In both cases the evaluations are only used to prevent fraud as well as if necessary for criminal prosecution and with the ending of the purpose immediately deleted.

Your bank, credit or PayPal data are not of course forwarded to the guest or the host.

In addition, you can supplement your profile with further personal details such as your telephone number, your professional situation, your Twitter account, your Facebook account, your date of birth and a few key words about yourself and a photo of yourself. You provide these data on a voluntary basis so that your guests or hosts can get a better picture of you, but you do not have to provide them. The only mandatory information that must be made public at all times is your first name.

In addition, you can use our platform by making friends with other users, for instance. We also save these connection data to enable us to assess the usage and success rates of our features. We would be pleased to also publish these connections but we will only do so if you explicitly consent to this.

In addition, you can use our platform with the Facebook sign-up and/or log-in pursuant to Clause 6.2. We would also be pleased to publish your thus visible Facebook links or your other publicly accessible data (such as e.g. your hobbies or the university that you attended) in order to make 9flats more interactive and more communicative for you. However, we will only publish these data if you give us your explicit consent to do so.

3. Appropriated data use

We adhere to the principle of the appropriate use of data and we only ascertain, process and store your personal data for purposes for which you have provided them for, as stated under 2.or stated possible hereafter. You have the option of subscribing/unsubscribing to the guest and/or host newsletter. In addition to this we use your provided email during registration for sending you own product information. At any time you are able to object to the mailing of such emails by clicking on the unsubscribe button within the email or via the settings in your member account. Your personal data is not passed on to third parties without express consent as far as it is not necessary in order to render services or perform contractual obligations. Furthermore, the transmission to authorized state institutions only is done within the scope of statutory duty of disclosure or if a judgment obliges a disclosure.

4. Cookies, usage profiles

In addition, we also use cookies. Cookies are small text files that can store a website such as ours on the computer of a website visitor, i.e. locally. With the help of this text file, the web server can save, for instance, preferences and settings on the user’s computer which are then automatically restored on the next visit. Or to put it another way, the cookies are used, among other things, to make the use of the site more user-friendly so that, for instance, you do not have to complete the full log-in mask when you visit again.

We use both persistent cookies and session cookies. Whereas persistent cookies remain on your computer for a longer period of time, session cookies are automatically deleted when the browser window is closed.

Using cookies, data are also collected and saved on this website from which pseudonymized usage profiles are created. The data is data such as the IP address, the browser type, the software used, that website previously called up by you (referrer URL), time and duration of the visit to a website. Incidentally, the IP address is immediately made unrecognizable by us; we can then still compare whether different users have the same IP address (we need this information to be able to prevent any misuse and fraud) but can no longer discern the origins of the address.

These usage profiles are used to analyse visitor behaviour and are analysed to design and improve the offering in line with requirements. The pseudonymized usage profiles are not merged with the personal data via the carrier of the pseudonym without the express consent of the person affected which must be given separately.

Cookies are also used to enable us to carry out our Premium partner program. Further information on the Premium Partner program can be found here; information on the tracking in this regard and on cookies can be found in particular in Clause 4.4.

You can prevent the installation of the cookies by preventing the installation of the cookies with a corresponding setting in your browser software ("private mode – can be found under Settings with most browsers); however, it should be pointed out that in this case you may not be able to use all functions of this website.

In addition, you can delete cookies that have already been set (also to be found under “Settings” in the browser).

5. Google Analytics

We also use Google Analytics, a web analysis service of Google Inc. (in future: Google) on this website. Google Analytics is a web analysis tool with the help of which we analyse the interaction of the visitors with our website and thus are able to improve our website for you further. Google Analytics also uses cookies, as they were in principle described in more detail under Clause 4. The information generated by the cookie regarding your use of this website are usually transferred to a server belonging to Google in the US and stored there. The information saved by the cookies includes, for instance, the time of the website visit, the frequency with which the visitor has called up the website, and from where the visitor has accessed the website. To determine the latter value, Google initially records the IP address of the user. However, we have activated the IP anonymisation on our website. Based on this, your IP address within Member States of the European Union or in other signatory states of the Treaty on the European Economic Area is shortened by Google before transmission to the US. Only in exceptional cases is the full IP address transferred to a server belonging to Google in the US and shortened there. On behalf of 9flats, Google will use the aforementioned information to analyse your usage of the website, to compile reports on the website activities and to provide further services associated with the usage of the website and the Internet towards the website operator. The IP address communicated under Google Analytics by your browser is not merged with other data of Google.

You can prevent the saving of the cookies by Google Analytics by a corresponding setting in your browser software; however, reference should again be made to the fact that in this case you may not be able to use all functions of this website.

In addition, you can prevent the recording of the data generated by the cookie and relating to your usage of the website (incl. your IP address) to Google and the processing of these data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de]

Further information on data protection with regard to Google Analytics can be found directly here at Google.

6. Facebook

Our website uses the sign-up and log-in function and social plug-ins of the social network facebook.com, which is operated by Face Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. If you have your normal place of residence in the European Union, the Facebook services are offered to you by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland. The social plug-ins are discernible by the Facebook logos (white “f” on blue background or the characteristic Facebook thumb) or marked by the addition “Facebook Social Plug-In”; all Facebook plug-ins can be viewed here. The sign-up and/or log-in of Facebook is also easy to recognize by the characteristic white script on a blue background.

6.1 Social Plug-ins
When you call up a website of ours on which a social plug-in (like button) is implemented, your browser will then establish a direct link to Facebook and will then transmit the following data to Facebook directly:

1. date and time of your visit,
2. the Internet address/URL of the site that you are currently visiting,
3. your IP address,
4. your browser,
5. your operating system,
6. your user code if you are a registered user of Facebook and if applicable your surname and first name and
7. if you click on the plug-in, of course the information that you have used this specific plug-in.
8. the data can only be transmitted to the Facebook profile when the user is logged in to Facebook
9. logging out of Facebook prevents the transmission of these data to the Facebook profile

Facebook saves these data for a period of 90 days. Facebook then removes the name and all other personal information from the data; a pseudonymized usage profile remains.

We explicitly make reference to the fact that we ourselves do not have any influence on the scope of the data which Facebook collects with the help of the plug-in and that with regard to data protection we have to rely on the data usage guideline of Facebook, on which our aforementioned information is based. Please inform yourself further on Facebook specifically about the purpose and scope of the data collection and your rights in this regard and the setting options to protect your privacy using the data usage guidelines.

However, it is of course possible to prevent the placing of cookies by settings in your browser. In addition, it is also possible to block the social plug-ins of Facebook with add-ons for your browser. For instance with the “Facebook Blocker”

6.2 Sign Up, Login

We also offer you the option of registering with us using the Facebook sign-up or registering via the log-in. If you would like to register or log in with us using the Facebook sign-up and/or log-in, you then permit us to:

1. Access your general details such as your name, profile image, gender, the user ID, your friend lists and all other data that you have made public in your profile.
2. Send you e-mails.
3. Post status reports on your behalf.
4. Also to access your data when you are not currently using the application.
5. Access your other profile information such as “About me”, your date of birth, your home town and your current place of residence.

7. Rights of information, revocation and deletion

You may obtain information about the data stored with us free of charge, without indicating any reasons. You can object to the use of your data at any time and revoke the consent to use your data that you gave when you registered. In addition, you can correct, block or have deleted at any time the data that we have collected and stored. We make explicit reference to the fact that we are obligated by law to continue to save the data; in this case, the data can only be blocked.

To exercise the aforementioned rights, please contact us at the following address: datenschutz@9flats.com.

8. Premium Partner program

If you participate in the Premium Partner program of 9flats, we point out that these data protection provisions apply accordingly. To handle the Premium Partner program, it is necessary that you notify us of the following data:
- First name and surname
- Address
- Bank details.

If you have any further questions on data protection or on these data protection provisions, please feel free to contact us at any time!