bookitgreen General Terms and Conditions
1. General information
1.1 Scope of application
These General Terms and Conditions of Business shall apply in the version valid at the time of conclusion of the contract for all business relations between us (the bookitgreen UG (haftungsbeschränkt), Wormser Str. 26,69123 Heidelberg, represented by its managing director: Mr. Moritz Hintze) and you. Should you use conflicting general terms and conditions of business, these are hereby expressly objected to.
1.2 Contractual agreement
The language of the contract is German. The display in other languages is intended only for accessibility and assistance.
"Users" are both guests and hosts who use our platform.
"Hosts" are accommodation providers who advertise on our platform.
"Guests" are interested parties who want to contact the hosts via our platform and sign contracts.
1.3 Guest registration
In order to use the complete content of our website as a guest, it is first necessary to create an account. In this case, the data required for the provision of services by us are requested. The entries are confirmed by clicking on the button "Sign up with email". You will receive a confirmation e-mail with the necessary information for a login. The registration is complete only after you have logged in for the first time with this information on our website.
The password, which allows you access to the personal area, is strictly confidential and must not be passed on to third parties. You must take reasonable and appropriate measures to prevent third parties from accessing your password. An account cannot be transferred to other users/customers or other third parties. With the registration you sign a free license agreement with us.
1.4 Booking an accommodation as a guest
1.4.1 Instant booking
The booking process as a guest consists of two steps and results in immediate booking via this website. In the first step, you select the accommodation, date of travel and, if applicable, the host's extra services. In the second step, you enter your data including the billing address and, if applicable, a different permanent address, select the payment method and have the option of checking all details (e. g. name, address, method of payment, desired service) again and, if necessary, correcting any input errors before you confirm your order by clicking on the button "Submit payment". With your order, you bindingly declare your contractual offer. We will immediately confirm the receipt on behalf of the host as their representative. The acknowledgement of receipt constitutes the binding acceptance of the contract. The contract between the guest and the host is concluded upon acceptance. We will immediately send your data to the host.
The contract text will be saved by us for the host and sent to you in text form (e.g. e-mail, fax or postal), along with the present terms and conditions and customer information, after sending your booking order to the host. However, the contract text will no longer be accessible to you via the website after your order has been sent. You can use the print function of your browser to print out the relevant website with the contract text.
1.4.2 Booking requests
In addition, if you have chosen this option, you can also send our hosts booking requests for the respective accommodation with the date of travel and, if applicable, extra services. The conclusion of the contract then takes place individually by offer and acceptance.
The host can respond to your booking request as follows:
1. he can reject your booking request. Then no contract has been completed.
2. he can confirm your booking in advance. This confirmation then represents the host's offer.
3. he may submit a new counter-offer to you.
The host has 24 hours to respond to your request. Otherwise, your request will expire and you will have to send it again.
If the host has decided to confirm your booking in advance (No. 2) or to make a counter-offer (No. 3), you have again 24 hours in which to accept this offer bindingly by submitting your personal information, including billing address and if necessary a different home address, selecting a payment method, and pressing the button "Submit payment" via our platform.
The contract between you and the host comes into effect upon acceptance. We do not store the the contract text separately, as the contract content is determined individually from the agreement reached.
1.5 Conclusion of contract with the host
1.5.1 Registration (user contract)
A commission model is available for hosts who would like to advertise on our platform. The exact range of services and prices can be found on our website. The order procedure via this website then consists of two steps. In the first step, the host selects the commission model and then creates an account on our platform by means of registration. By registering, you enter into a license agreement with us.
The following options are available to you:
Registration on the website: you can register via our website by entering your data (first name, surname, e-mail address, password and date of birth), confirming our General Terms and Conditions and clicking the "Sign up with email" button.
Registration via your Facebook account:
Registration via your Google Account:
1.5.2 Setting the offer
After successful registration you can complete your profile and update your accommodation’s page. The submission of your data for listing on bookitgreen represents your binding offer for our commission model, which we accept by activating your account and entering it into our database. The contract (commission model) is concluded upon acceptance. To submit your data for the listing, you must have previously confirmed the link for registration.
1.5.3 Text of the contract
The text of the contract will be saved by us and sent to you in text form (e.g. e-mail, fax or postal), along with the present terms and conditions and and customer information. However, the contract text will no longer be accessed by you via the website after your order has been sent. You can use the print function of your browser to print out the relevant website with the contract text.
1.5.2 By individual request
You can also send us an individual inquiry using our online form. The conclusion of the contract then takes place individually by offer and acceptance. Unless otherwise agreed, the usual procedure is that you send us your completed enquiry, we check it and you will receive a binding offer from us, which you can then accept within two weeks. With the acceptance of the contract with us, the contract is concluded and you can advertise your listings. We do not store the the contract text separately, as the contract content is determined individually from the agreement reached.
1.6 Subsequent changes to the terms and conditions of business
We are entitled to subsequently adapt and amend the General Terms and Conditions of Business vis-à-vis existing business relations, insofar as changes in legislation or jurisdiction require this or other circumstances lead to the contractual equivalence relationship being significantly disturbed. A subsequent amendment to the terms and conditions of business shall become effective if you do not object within six weeks after notification of the amendment. As the timi limit approaches, we will expressly notify you that your silence is equivalent to acceptance of the contract amendment and during the deadline we will grant you the opportunity to make an explicit declaration. If you object within the time limit, both we and you can terminate the contractual relationship with extraordinary notice, as long we do not allow the contractual relationship to continue under the previous General Terms and Conditions.
Our platform allows accommodation providers to advertise accommodations, contact guests and conclude contracts. Guests can search and book specific accommodations on the website. We merely provide our platform and do not become a contractual partner in the contracts for accommodations concluded via our website.
2.2 Service provision
We are entitled to have the contract or parts of it fulfilled by third parties.
2.3 Delays in performance
We are not responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented by us even by extreme care (including strikes, official or court orders and cases of incorrect or improper self-delivery in spite of a corresponding covering transaction). They entitle us to postpone the performance for the duration of the obstructive event.
In the event of non-availability for the aforementioned reasons, we may withdraw from the contract. We undertake to inform you immediately about the unavailability and to reimburse any payments already made without delay.
2.5 Service time
Unless expressly agreed otherwise, we shall render the service within 5 days. The commencement of the period for performance shall be the day following the issue of the payment order to the transferring bank. The period shall end on the following the fifth day. If the last day of the period falls on a Saturday, Sunday or a state-approved public holiday at the place of performance, the period ends on the next working day.
All prices quoted to businesses are exclusive of value added tax (charged commission model).
All prices for consumers are inclusive of VAT (offers for accommodation).
We accept the guests' payments for a booking on behalf of the host and immediately disburse them to the host, minus our commission for the booking.
Depending on the option selected, the commission is up to 31.08.2018: 7.5% (option "Verified by bookitgreen"), 8.75% (option "Immediate booking") or 10% (standard option) of the total value of the booking made by the guest. The commission increases from 01.09.2018 to: 10% (option "Verified by bookitgreen"), 11.75% (option "Immediate booking") or 12.5% (standard option).
3.2 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and are based on the same legal relationship as your obligation.
4. Your responsibility
4.1 General Information
You are solely responsible for the content and accuracy of the data and information you transmit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws (e. g. personal rights, name rights, trademark rights, copyrights, etc.).
4.2 Data backup
You are jointly responsible for the security of the information sent. We cannot be held responsible for the loss of any information you send us, as we do not provide a general data protection guarantee.
4.3 Abusive contributions
We will deactivate or delete abusive offers or contributions without prior notice. Such content structures are given in the following cases, for example:
Wrong and/or incorrect information,
Contributions are misused as inadmissible advertising space,
Searchers are made aware of an offer by means of unspecified or even false information (including incomplete offers, incorrect information), referral of interested parties to paid Internet or telephone services (especially 0900 numbers)
Sending and storing information that is obscene, threatening, offensive or in any other way infringing on the rights of third parties.
4.4 Profile data and contents
You are obliged to keep the content and profile information you have entered up to date and to inform us immediately of any misuse of your profile.
As a host, you must also comply with your imprint obligation, include the value-added tax (VAT) in your price quotations and, if necessary, comply with the statutory licensing and labelling requirements. On our platform we also only accept high-resolution images of your accommodation.
You shall indemnify us from all claims asserted against us by third parties due to such violations. This also includes the reimbursement of costs of necessary legal representation.
5. Rating system
5.1 General information
As a guest, we give you the opportunity to evaluate the offers and services of our hosts. You are obliged to provide the information to the best of your knowledge and belief. We are entitled, but not obliged, to publish these evaluations on our website and make them visible to all users. Evaluations can be deleted by us at any time, as long as there are objectively comprehensible or legally compelling reasons for doing so.
5.2 Abusive or unlawful evaluations
Abusive or illegal evaluations will be deactivated or deleted by us without prior notice. This may be the case is evaluations are false, offensive or infringing other rights, or the ratings are misused as advertising space.
6. Use of content
By posting content in our database, you grant us the right to use this content indefinitely for the purpose of posting and making it available in the database and for the types of use required for retrieval by third parties, to the extent that this is reasonably acceptable under the contract, and in particular to save, reproduce, make available, transmit, link and publish the content. This can also be done by or in the form of advertising material from us or by advertising material from third parties. Furthermore, we reserve the right to revise the contents to a reasonable extent, especially if they do not comply with the above-mentioned requirements of these General Terms and Conditions.
7. Duration, blocking and termination
7.1 Termination of the user account
The free-of-charge usage relationship is established for an indefinite period of time. It begins with the activation of the account and can be terminated at any time by deleting the profile via the usual account deletion routine or by cancellation request in written form to us.
7.2 Contract model with the host, subject to a fee
Our fee-based contract model for hosts is also established for an indefinite period of time and can be terminated with a notice period of 14 days to the end of the month, in written form, without giving reasons. The profile assigned to the host is also deleted with the cancellation if there are no longer any existing contractual relationships. The right to extraordinary termination for good cause is not affected by this. Mediation that has already taken place is still to be remunerated irrespective of the termination.
7.3 Termination without notice
The right to terminate the contract without notice for good cause remains unaffected.
An important reason exists in particular if:
the user provides incorrect information within the framework of the rating system
the user has provided incorrect or incomplete information during registration
the user repeatedly violates other contractual obligations and fails to comply with its respective duty even if requested by us.
8. Usability of services
8.1 Further development of the service/availability
We are striving to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account his interests. We are entitled to interrupt the operation of the platform partially or completely within reasonable limits for purposes of updating and maintenance. We do not guarantee the availability of the offered services at any time. We also do not guarantee that the offered services or parts of them will be available and can be used from any place.
8.2 Technical requirements
The use of the website requires compatible devices. It is your responsibility to maintain or restore the device in a state that allows you to use the website services.
9.1 Exclusion of liability
We and our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (hence such obligations, compliance with which is of particular importance for the achievement of the purpose of the contract) are affected, liability shall also be assumed for slight negligence. The liability is limited to the foreseeable, contract-typical damage. We shall only be liable to businesses in the event of grossly negligent breach of non-essential contractual obligations in the amount of foreseeable, contract-typical damage.
9.2 Retention of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the German Product Liability Act shall also remain unaffected by this exclusion of liability.
9.3 Data backup
We perform effective data backups as part of the service provision, but we do not provide a general data backup guarantee for the data you transmit. You are responsible for regularly backing up your data to ensure that it is not lost. We shall exercise reasonable care in rendering the agreed service and shall perform the data backup with the necessary expertise. However, we do not warrant that the content or data you access will not be accidentally damaged or falsified, lost or partially removed.
9.4 Host details
We do not guarantee that the offered accommodations correspond to the descriptions. In case of complaints, the guest has to contact the respective host.
9.5 Liability for contents
You are solely responsible for the content of your contributions/offers or of your profile. These may not violate any applicable laws or these General Terms and Conditions. In particular, contributions/offers or profiles with criminal content may not be published or untrue facts may be alleged. As the operator of this website, we are not liable for incorrect information provided by users in their contributions/offers or profiles. Furthermore, we as operators are not responsible for third party information as long as we have not become aware of any unlawfulness. In particular, we are not liable for copyright infringements of our users. As soon as we become aware of this or are informed by users, we are obliged to immediately block the corresponding content or information, or block access to the site.
10 Final provisions
10.1 Place of jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from this contract shall be our place of business if you are a merchant, a legal entity under public law, or a special fund under public law, or if you do not have a place of jurisdiction in the Federal Republic of Germany.
10.2 Choice of law
Unless mandatory legal provisions according to your right of residence contradict, German law shall be deemed to have been agreed upon to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.3 Consumer dispute settlement procedures
The European Commission has created an Internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (OS platform). You can reach the OS platform at http://ec.europa.eu/consumers/odr/. We are not prepared or obliged to participate in a dispute settlement procedure before a consumer conciliation body.
10.4 Safeguarding clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.