§ 1 Validity
(1) These Terms and Conditions pertain to all transactions occurring between gloveler GmbH, Durlacher Allee 53, 76131 Karlsruhe, Germany, HRB 705966, Registry and District Court in Mannheim (hereafter called “gloveler”), represented by the chief executives and the current users (hereafter called “user”) of gloveler’s exclusively applicable provisions, so long as these Terms and Conditions are not changed through written agreement or other mutual textual agreement between gloveler and the user.
(2) Changes to these Terms and Conditions must be communicated by gloveler to the user via fax, email, or another written form. If the user does not contradict changes to these Terms and Conditions within four weeks after they have accessed the information, they are understood to have accepted the new Terms and Conditions, which will pertain immediately. The user will be specially informed of the right to object and the legal consequences of silence in cases where the Terms and Conditions are changed.
§ 2 Definitions
(1) In these Terms and Conditions, “guest” means the user who books lodging. “Host” means the user who offers lodging.
(2) “Users” in the sense of these Terms and Conditions can mean consumers or businesses.
(3) “Consumer,” in the case of these Terms and Conditions, is any natural person, who enters into a contract with a goal that furthers neither the consumer’s commercial nor independent professional activity. (§ 13 BGB)
(4) “Business,” in the case of these Terms and Conditions, is any natural or legal person or a legally capable society of people, who, by the closing of a contract, deals with his or her commercial or independent professional activity (§14 BGB).The rules of the person also apply to the rules of the businesses, so long as the business does not fall under other rules due to their status as a business.
§ 3 Description of Services
(1) gloveler offers users an online platform (hereafter called „platform“) for the short-term renting and leasing of accommodations over its website. At this juncture, gloveler serves only as a technical service provider and a service manager in regards to the processing of payment.
(2) All contracts regarding the reservation of lodging that are completed over the platform come into fruition with the respective user. Requirements of this contract arise only between the respective users. gloveler is not the one offering the respective accommodation.
(3) gloveler cannot verify whether an offered accommodation exists at all or as described, whether the user is entitled to rent paid to third parties, or whether outside parties will consent to the stay of another resident in the building.
(4) gloveler cannot verify that the description of the offering, special offers or services, or attached pictures are accurate. gloveler cannot guarantee that all accommodations will be defect-free or guarantee the feasibility of all entered contracts. The users can, outside of the booking, make further auxiliary agreements in regards to the agreed-upon service duties. gloveler is not responsible for these auxiliary agreements. gloveler will attempt to mediate all issues and disagreements about service responsibilities for the contract between the two parties. However, gloveler is not obligated to mediate these disputes. Disagreements between the users over the carrying out of the contract can be settled in court.
(5) Reviews (see §9 Reviews) and comments by users of the platform are no insurance of quality through gloveler. gloveler cannot guarantee the factual accuracy of all reviews. These opinions only reflect the subjective impressions of users. gloveler does not verify the contributions of its users.
§ 4 Registration of Users
(2) The registration will be successfully completed through the filling out and sending in of a registration form to the platform. The user must provide complete and accurate information during registration. During the registration, the user will receive a password. Assuming the platform is functional and available, the user can attach a picture to his or her profile. However, there is no entitlement to do so. There are known technical limitations in regards to the size and data format of such photos. The user may choose his or her profile picture freely, but it may not harm the rights of any third party, and may not steal from any extraneous person, trademark, business logo, title, or other contact information. It must not infringe on any laws, and it may not contain any harmful, immoral, or racist content.
(3) The user is obligated to choose a safe password and must choose a new password to replace the one automatically provided at registration. A safe password consists of upper and lower case letters and special characters. The user should keep this password secret and not share it with third parties. The user takes all responsibility for the misuse of his or her profile through a third party. In this case, the user releases gloveler of all damages incurred through improper and negligent use of the website in accordance with §17 paragraphs 2 and 3.
(4) Should the personal data of the user be changed, the user is responsible for updating this information. These changes can be made online after logging into the platform. Should the user want to delete his or her profile on the platform, he or she need only send an email to firstname.lastname@example.org. The deletion of the account should occur without further notice within 14 day of receiving the email, unless otherwise stated.
§ 5 Technical Services and Availability of the Platform
(1) gloveler will make the platform available to users as specified in §3. The users have no claim to technical developments of the platform. gloveler reserves the right to create and change new and old conditions of the platform. These changes could include changes to the length of the user’s participation, a minimum number of reviews and/or a certain average review rating, or an identity check. At any time, gloveler has the right to change services that are free of charge, make new services available, either free or for a charge, and to adjust which services are free of charge. In doing so, gloveler will, whenever possible, take into account the legitimate input of the users.
(2) gloveler reserves the right to close the platform for maintenance and updates. gloveler will limit the number and length of these closings to a minimum.
(3) gloveler reserves the right to close the platform for short periods of time, when a pressing need arises. Such a reason could be a massive, unforeseen influx of network traffic on the server, especially in regards to DoS-DDoS attacks or by attempted wrongful intrusion by third parties to the platform.
(4) The communication of data over the internet cannot, at this time, be guaranteed to be free of error due to the current state of technology. It cannot be guaranteed that the platform will be available at all times. Therefore, gloveler is not responsible for the continuous and uninterrupted availability of the platform.
(5) The users may only use the platform for registration and the services outlined in §3. The user is responsible to be sure that the way in which he or she uses the platform does not lead to any overloading or instability of the platform. All actions, direct and indirect, taken by third parties or through software, that can threaten the availability and function of the platform may be banned. gloveler reserves the right to carry out infringement claims.
§ 6 Profiles of Accommodations, Content of Contracts between Guests and Hosts
(1) The user can create a detailed profile of his or her accommodation (hereafter referred to as „accommodation profile“) on the platform. The user is obligated to create an honest and accurate accommodation profile. Should the details of the offering change, the user is obligated to edit the accommodation profile in a timely fashion. The user should make the accommodation profile as detailed and exact as possible. The user is expressly forbidden to link to other websites, provide contact information, competing offers, or any form of advertisement for other offers, provisions, or accommodations.
(2) The host must inform the guest about exactly what the price of accommodation includes, especially regarding any sales taxes that may pertain. Outside of the handling charge, nothing can be separately charged if not noted in the contract between the two parties.
(3) The host may only offer an accommodation as long as the host is entitled to do so. In particular, the host must have the permission of other tenants and/or the landlord. Illegal subletting of the space may lead to punishment for the host and potential eviction from the building. The host is obligated to pay attention to whether or not his or her accommodations fall under a special tax liability or are considered a commercial enterprise. If so, the host may be required to pay special taxes. It is the obligation of the host to keep up with these caveats.
(4) The user must categorize his or her accommodation offering. The categories are defined and described on the website. If an accommodation does not fit into an exact category, the host is obligated to choose the category that is most fitting, and then to describe the accommodation in lengthy detail. In particular, the host should describe the differences between his or her accommodation and how it deviates from the accommodations of the chosen category at length.
(5) The user can attach one or more media file (for example, pictures or videos) onto his or her accommodation profile, as long as the platform can accommodate that medium. There is no legal claim over uploaded media. First and foremost, the medium should provide information about the accommodation. (For example, this could include, but is not limited to, the appearance of the offering, the rooms, the surrounding area, etc.) There are certain technical limits in relation to the size and format of the file. The medium may not harm any third party. It especially may not compromise or injure any other person, trademarks, business logos, titles, or other brands that belong to someone else. The medium cannot break any laws, and especially may not contain any harmful, immoral, or racist content. The user here grants gloveler permission for this to be used throughout the entire website.
(6) Hosts and guests must regulate the check-in and check-out time through mutual agreement. The host can also make binding rules about these times in his or her accommodation profile description.
(7) The host must specify in the accommodation profile whether or not a key will be provided to the guest, and if so, how many. If the host is offering an apartment, house, or a boat as accommodation, they must provide the necessary keys for the guest to enter the accommodation during the rental period. Otherwise, the two parties must discuss with each other to decide when and how entrance to the accommodation will be allowed.
§ 7 The Booking Process, Conclusion of Contract, Payment, Costs, and Fees
(1) The accommodation profile of the host should include the total price, and all inclusive costs and fees included in the price, as indicated by the host. The host can make the price of his or her accommodation dependent on several factors, including, but not limited to, the number of guests, the time period of the year, or the duration of the stay. The total price is comprised of several components. These include the base price for the night (including VAT if applicable), and, if necessary, an additional charge for other reserved services such as breakfast, linens, towels, or final cleaning (with sales tax if applicable), as well as all gloveler costs and fees (including VAT).
(2) By setting up an accommodation profile, the host is not making a binding offer upon the completion of the rental or accommodation profile or saying that the accommodation is still available in the given period of time. Rather, the host is making an offer to potential guests, who can then request to reserve the accommodation for a given period of time (invitatio ad offerendum). The guest can make an offer by indicating the desired time period of the booking and sending this information to the host. Before the guest sends this information, he or she will be shown the contractual details in regards to the contract services of the host, the level of accommodation costs and any further fees. After the transmission of the offer to the host, the host can either accept or reject this offer. If the host accepts the offer, then an accommodation contract between the guest and the host will be produced. The details of the deadlines for accepting this are noted by respective offer. The host will be specially informed of the deadline for acceptance. After successful confirmations, gloveler will send a confirmation email to the guest and the host. If the host rejects the offer of the guests or does not respond in the provided time period, the offer of the guest will be marked as rejected. In this case, the host can re-submit the offer to the potential guest. In this case, the host will offer a binding offer, which the guest can either accept or reject. If the guest accepts the offer, then an accommodation contract will be produced between the guest and the host. gloveler sends the guest and host of every successful confirmation a confirmation email. If the guest rejects the offer of the host or does not reach in the acceptable period of time, the offer of the host will be rejected. On this basis, the host can individually edit the offerings on his or her accommodation profile in a way that differs from the data on the normal accommodation profile and submit this offer to a guest. In this case, the host will also be submitting a binding offer, which the guest can accept or reject. If the guest accepts this offer, an accommodation contract between the guest and host will be provided. Insofar as the offer and acceptance are made in another form than detailed in the Terms and Conditions, the statutory provisions will apply to the conclusion of contract.
(3) The host has the option of giving the guest a contractual right of withdrawal after completion of the contract. The details of this are noted on the information page of the accommodation. Statutory rights are not affected in this case.
(4) gloveler leverages fees for the technical handling of the booking between the host and the guest at the close of the contract. These fees will be shown before confirming a reservation or making an offer. After a guest has booked an accommodation, gloveler charges the customer the handling fee per his or her preferred method of payment. The fees exist for the technical services in regards to showing the accommodation profiles and the booking procedure. The costs and fees are not dependent on whether the contract between the host and guest was cancelled by mutual agreement after the successful conclusion of the original contract or was not deemed closed on any statutory provision. The costs for the accommodation are in accordance with the agreed method of payment and must be fulfilled by the agreed upon payment date.
(5) Depending on the type of accommodation and further agreed upon services, the host and guest may need to make further rental, work, service, or other related accommodation contracts. In the case of any damages or settlements necessary, payment transactions, or back payments, both host and guest are obligated to work out the details. Hosts and guests can agree upon further rules involving the contractual partnership between the two if desired.
§ 8 Reimbursement of Accommodation Costs
gloveler itself is not a contract partner between one or both parties in the case of an accommodation between guest and host. Therefore, gloveler cannot refund any agreed-upon costs or services, for any reason.
§ 9 Reviews
(1) gloveler offers its users a ratings system. The rating system serves the purpose of providing the users additional information, and is comprised of a point scale from one to five, and an optional comment box.
(2) Die Bewertung anhand der Punkteskala kann in fünf Abstufungen erfolgen, wobei ein Punkt die schlechteste und fünf Punkte die beste Bewertung darstellen. Zwei Punkte bis vier Punkte sind entsprechend Abstufungen der Maximalwerte. Die Bewertung mit der Kommentarfunktion soll den jeweiligen Gesamteindruck und die Abwicklung des Vertragsverhältnisses beschreiben. Die Bewertung hat in jedem Falle sachlich und angemessen zu sein. Es ist nicht gestattet, wahrheitswidrige, ehr- oder rechtsverletzende Bewertungen abzugeben. gloveler überprüft abgegebene Bewertungen grundsätzlich nicht. Bei Streitigkeiten greift gloveler nur bei klar erkennbar wahrheitswidrigen, ehr- oder rechtsverletzenden Bewertungen ein, auf Grund eines rechtskräftigen Urteils oder gerichtlichen Vergleichs und bei einer einvernehmlichen Rücknahme der Bewertung durch die Nutzer.
§ 10 Violations
(1) The users must comply with the Terms and Conditions as laid out here, as well as all applicable laws and any third parties claims while using the platform. Should gloveler determine violations, it reserves the right to implement the any of the following actions:
- Demand changes to photos
- Demand changes to advertised offers
- Demand changes to reviews
- Deletion of the advertised offer
- Erasure, in part or in whole, of text
- Erasure, in part or in whole, of the given reviews
- Erasure of the profile photo or other mediums
- Warning to the user
- Temporary expulsion of the user
(2) The rights specified under §15 are not affected.
§ 11 Contact Service
§ 12 Saving of Log-in Information
gloveler offers the hosts to save their log-in information for other websites, especially ones related to the renting of accommodation properties, on gloveler’s site. The log-in information is saved and encrypted through gloveler. The host must be sure that he or she can save this log-in information from other sites through gloveler. When in doubt, the host should ask the respective website provider about the rules.
§ 13 Ads on Partner Websites
(1) gloveler offers hosts the further possibility of comprehensively offering their accommodations.
(2) The host agrees to allow gloveler the rights to publish their available accommodation descriptions by partner websites. When allowing gloveler the right to publish, they also allow the necessary right to publish description, pictures, or other data about the offer, especially as it relates to the right of reproduction and public access. The host can revoke the publishing when he or she can make a legitimate claim to do so. These legitimate interests could include insolvency, business closure, business sales, or the adjustment of the rental activity, or if a third party makes a legitimate injunction claim against the host in regards to the use of the available pictures, texts, or data. The host can ask gloveler on which websites his or her data has been published.
§ 14 Payment Transaction
(1) Provided that the host charges gloveler with the handling of payments, the following rules apply.
(2) gloveler and the host can terminate the service of payment handling at any time by textual notification.
(3) gloveler renders the service of payment transaction as an auxiliary service for the hosts, in order to simplify the handling of payments for the host. The host must share an account to which the payment can be sent with gloveler. gloveler reserves the right to make rules regarding the type of account (for example, German bank account or PayPal).
(4) In the case of the payment transaction through gloveler, the offering on the platform and as described in emails will clearly explain that gloveler is handling the payment in the name of the host, and will forward this payment to the host.
(5) gloveler will claim the payment demanded by the host at the time contractually agreed upon between the host and the guest and will pass this on to the host, at the latest, at the end of the month when the guest has travelled to the accommodation. gloveler does not buy or keep these claims and only assumes the position to process the collection of the claim by the host. gloveler does not check whether the claim is justified. An invoice and/or an overview of the compensation due is sent via gloveler in the name of the host. If there is a mistake in the collection of claim, gloveler will inform the host and the guest. If, after the collection and payment to the host, gloveler finds a chargeback on the part of the guest, (for example, because the guest has cancelled a direct debit), the collection of the payment will have failed. gloveler will not attempt to recollect the claim. In this case, gloveler will inform the guest and the host. The host is then immediately obligated to pay the chargeback of the claim to gloveler. In this case, the host must collect all charges from the guest.
§ 15 Termination
(1) gloveler and the user can terminate the contract, in regards to using the platform, with a minimum notice of 14 days. The termination can happen in writing, via fax or email. gloveler will not confirm the termination of the user. The power for an exception in regards to termination for gloveler and the user remains unchanged and undisturbed.
(2) After being terminated by gloveler, either under ordinary or extraordinary circumstances, the user may under no condition re-apply and/or use a third party to re-register for the user. Should the user log in again, gloveler is reserved the right to seek damages claims.
§ 16 Limitation of Liability
(1) gloveler can be held responsible for malicious intent and gross negligence.
(2) For minor negligence, the liability of gloveler and its contractors is limited to contractual, foreseeable harm. In cases of breaches of negligible duties, in which the execution of the contract is not jeopardized, gloveler and its assistants shall not be held liable. The fulfillment of such duties, of which the proper execution allows the use of the platform on which the user can regularly rely, is contractually obligated.
(3) The conditions listed above do not affect any claims the user might have under the Product Liability Agreement Terms. gloveler is not held responsible for any bodily injury or loss of health, mobility, or life of the user.
§ 17 Exemption of Liability
(1) The user releases gloveler from all claims that third parties might make against the website, in accordance with the terms below. The aforementioned exemption includes all claims of infringement that third parties may make about the profile of a user, the accommodation profile of the hosts on the platform, or about damaging reviews of a user.
(2) The user is responsible for all necessary legal fees, as well as all collective standing judicial, legal, and patent fees. The costs are limited to the statutory amounts detailed in the GKG and the RVG. The user must not undertake these costs of he or she is not responsible for the violation resulting in the need for such fees.
(3) In cases of utilization of gloveler, the user will be informed by gloveler and be subjected to appropriate legal fees, free and in good faith, especially in regards to the publishing of documents and information.
§ 18 Revocation
Withdrawal of the customer as a consumer
YOU CAN WITHDRAW YOUR CONTRACT STATEMENT WITHOUT REASON WITHIN 14 DAYS USING TEXT COMMUNICATION (FOR EXAMPLE, LETTER, FAX, OR EMAIL). THE TIME TO DO SO BEGINS AFTER THE RECEIPT OF THIS NOTIFICATION IN WRITING; BUT NOT AFTER THE COMPLETION OF THE CONTRACT AND NOT BEFORE FILLING OUT OUR INFORMATION REQUIREMENTS DETAILED IN ARTICLE 246 § 2 IN CONNECTION WITH PARAGRAPH §1 AND 2 OF THE INTRODUCTORY ACT TO THE GERMAN CIVIL CODE AND ALSO OUR OBLIGATIONS UNDER § 312G PARAGRAPH 1, SENTENCE 1 OF THE GERMAN CIVIL CODE IN CONNECTION WITH ARTICLE 256 § OF THE INTRODUCTION TO THE GERMAN CIVIL CODE. TO PROTECT THE REVOCATION, THE TIMELY SENDING OF THE CANCELLATION WILL SUFFICE: THE CANCELLATION SHOULD BE SENT TO:
|Durlacher Allee 53|
|Fax:||fax+49 721 14505020|
CONSEQUENCES OF WITHDRAWAL
IN CASE OF A VALID WITHDRAWAL, SERVICES RECEIVED ON BOTH SIDES ARE TO BE RETURNED AND DERIVED BENEFITS (E.G. INTEREST), IF ANY, ARE TO BE ISSUED. IF YOU ARE WHOLLY OR PARTIALLY UNABLE TO RETURN AND ISSUE THE RECEIVED SERVICES AND DERIVED BENEFITS (E.G. BENEFITS OF USE), YOU ARE RESPONSIBLE FOR JUST COMPENSATION OF GLOVELER. THIS MAY RESULT IN YOU BEING OBLIGATED TO FULFILL CONTRACTUAL PAYMENT OBLIGATIONS FOR THE TIME PERIOD. OBLIGATIONS TO REFUND PAYMENTS MUST BE COMPLETED WITHIN 30 DAYS. THE TIME PERIOD BEGINS WITH THE SENDING OF THE DECLARATION OF WITHDRAWAL, AND, FOR GLOVELER, WITH ITS RECEIPT.
YOUR CANCELLATION RIGHT IS VOID IF THE CONTRACT IS FULFILLED FROM BOTH SIDES TO THE FULFILLMENT OF EXPRESSED WISHES BEFORE THE CANCELLATION REQUEST HAS BEEN COMPLETED.
END OF THE REVOCATION POLICY.
§ 19 Data Protection
§ 20 Final Provisions
(1) Changes or reorganizations to this policy must be in written or text form. This also applies to the changing of the written or text form policy stated here.
(2) The laws of the Federal Republic of Germany also hold. Mandatory provisions in the states where the user also has residence are not disturbed.
(3) In cases where the user is a consumer who has no general jurisdiction in Germany, or has a place of residence in a country other than German, or the user’s residence is not known at the time, the place of jurisdiction for all disputes is that of gloveler, in Karlsruhe. If the user is a business, then all disputes will have Karlsruhe as a place of jurisdiction. gloveler is also entitled to sue in the place of jurisdiction of the business.
(4) Should any individual provisions of this contract be ineffective or go against the statutory laws, the validity of the contract remains unaffected. The individual provision that is not effective will be replaced by the contract partners in a way that makes economic and legal sense and fulfills the goals of the ineffective provision in the next best possible way. The standing rules shall apply in cases of loopholes.
Version 2.0, 24th December, 2011