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Terms of Service

1. APPLICATION

1.1 These General Terms and Conditions (hereinafter referred to as 'GTC') apply to the use of the online platform www.socialbnb.org (hereinafter referred to as 'Socialbnb Plattform'), which is operated by the

socialbnb GmbH

Weyertal 109

50931 Cologne

Email: info@socialbnb.de

Tel: +49 151 12608767

(hereinafter referred to as 'Socialbnb')

is made available to the users of the Socialbnb platform in accordance with these GTC.

1.2 Socialbnb does not accept any deviating general terms and conditions of users with respect to the contractual relationship between Socialbnb and the respective user. This also applies if Socialbnb does not expressly object to their inclusion.

2. USERS

2.1 Users of the Socialbnb platform must be at least 18 years of age and of full legal capacity.

2.2 Users of the Socialbnb platform may be, on the one hand, those who wish to book an overnight stay via the Socialbnb platform (hereinafter 'Guests').

2.3 Users of the Socialbnb platform may also be social or environmental organizations that serve the public good and offer guests the opportunity to book accommodation with them via the Socialbnb platform (hereinafter 'Hosts'). Socialbnb will check prior to registration (section 3) whether the status required for registration is 'of an organization serving the welfare of the general public in the social or ecological field'. Socialbnb is entitled to request appropriate documentation as proof from the respective host.

2.4 Users can be both consumers and entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

3. REGISTRATION FOR THE USE OF THE SOCIALBNB PLATFORM

3.1 Registration of guests

3.1.1 In order to book overnight stays via the Socialbnb platform, the guest must register. To do so, the guest must first enter the data requested there in the registration form. There is no right to registration, Socialbnb is entitled to reject applications for registration without giving reasons.

3.1.2 After the guest has provided the data requested during registration, Socialbnb will check the data for completeness and plausibility. If the information is correct from Socialbnb's point of view and there are no other concerns from Socialbnb's point of view, Socialbnb will activate the requested access and the guest will be forwarded to his/her Socialbnb account.

3.1.3 During the registration process the guest will be asked to provide his email address and a password. With these credentials, the guest can log in to the Socialbnb platform after his access has been activated.

3.2 Registration of hosts

3.2.1 In order to offer accommodation on the Socialbnb platform, the host must register. There is no right to registration, Socialbnb is entitled to reject applications for registration without giving reasons.

3.2.2 Prior to the actual registration, a video call between Socialbnb and the host will take place to determine whether the host meets the requirements required by Socialbnb of being 'a community serving organization in the social or environmental field'. If Socialbnb would like to add the host as a host on the Socialbnb platform after this video call, Socialbnb will send the respective host an invitation to register.

3.2.3 After the host has provided the data requested during registration, Socialbnb will check the data for completeness and plausibility. If the information is correct from Socialbnb's point of view and there are no other concerns from Socialbnb's point of view, Socialbnb will activate the requested access and the host will be forwarded to his/her Socialbnb account.

3.2.4 During the registration process, the host is asked to provide his/her email address and a password. With these credentials, the host can log in to the Socialbnb platform after his account has been activated.

4. SERVICE OF SOCIALBNB

4.1 Socialbnb offers hosts the opportunity to post overnight accommodations on the Socialbnb platform, offer them to potential guests and conclude contracts with them for overnight accommodations.

4.2 Socialbnb does not offer accommodation itself, but only provides the Socialbnb platform through which guests and hosts can conclude a contract regarding the accommodation. The hosts therefore provide the offered services directly in their own name, on their own account and responsibility towards the guests.

4.3 The conclusion of the contract with regard to the overnight accommodations takes place exclusively between the respective host and its respective guests who book an overnight stay with the host. The terms and conditions of the contract concluded between the hosts and the guests for the rental of the overnight accommodation, including the possibility to cancel the booked overnight accommodation, shall apply exclusively between the hosts and the guests with respect to the overnight accommodation.

4.4 Socialbnb may further provide Guests on the Socialbnb Platform with the opportunity to rate the Accommodation Facility and their stay there ('Guest Content').

5. SERVICE OF SOCIALBNB

5.1 Obligations of hosts

5.1.1 Hosts are solely responsible for their offers and the services provided to the Guest. Hosts are required to provide and maintain current, complete and accurate information when posting their listings (e.g., accurate description, location, availability, etc.) or providing such content to Socialbnb.

5.1.2 Socialbnb may, in its sole discretion, allow Hosts to create, upload, publish, post, and store content such as text, photos, audio, video, or other materials and information related to the accommodations they offer on or through the Socialbnb Platform ('Host Content').

5.1.3 Hosts warrant that all information they provide via the Socialbnb Platform is accurate and up-to-date. They are further obligated to inform Socialbnb immediately of any changes and to ensure a smooth process for the overnight accommodation of their guests, i.e. in particular to communicate responsibly with them, to ensure a smooth payment option and simple processes for the use of the overnight accommodation option for their guests. Hosts are also responsible for ensuring that the fees paid by guests for overnight accommodation are used for the predefined purpose of serving the public good.

5.1.4 If a host receives a reservation request from a guest (see section 6.3.2), the host is obligated to inform Socialbnb within 72 hours after receipt of the reservation request whether it has the requested capacity and whether it wants to confirm the reservation ('capacity confirmation'). The capacity confirmation is considered as an acceptance of the accommodation contract with the guest to provide the accommodation under the conditions set out in the capacity confirmation.

5.2 Obligations of guests

5.2.1 Guests are obliged to behave respectfully towards the hosts and their employees, to respect the work of the host and to follow the (house) rules of the host.

5.2.2 As far as guests are enabled to post reviews of their accommodation and their stay via functions of the Socialbnb platform, these reviews must correspond to the facts, be truthful and appropriate.

5.3 Common obligations of guests and hosts

5.3.1 Guests and hosts are obligated to comply with applicable law at all times and, in particular, to refrain from any actions which damage the health of others which sexually harass others which injure the honor of others discriminate against others or which violate the property, privacy or intellectual property of others.

5.3.2 It is further the responsibility of the respective guest or host to ensure that his access to the Socialbnb platform and the use of the services provided on the Socialbnb platform is exclusively by the respective guest or host himself or a person authorized by him. If it is feared that unauthorized third parties have gained or will gain knowledge of the access data of the respective guest or host, the guest or host must inform Socialbnb immediately.

6. BOOKING OF OVERNIGHT ACCOMMODATION, CONCLUSION OF CONTRACT

6.1 Socialbnb offers guests the opportunity to book overnight accommodations with hosts who offer such accommodations on the Socialbnb platform.

6.2 For this option, Socialbnb charges the guest a service fee upon conclusion of the contract with the respective host, as explained in more detail in section 6.3.5. The service fee arises with the successful mediation of the accommodation contract between the guest and the host and is owed regardless of a later cancellation of the booking. In the event of a cancellation, the service fee will not be refunded by Socialbnb.

6.3 Booking and conclusion of contract

6.3.1 To book an accommodation on the Socialbnb platform, the guest must first select a host on the Socialbnb platform, enter the possible travel dates and then click on the -Continue to booking- button.

6.3.2 On the next page, the 'Continue to payment' button can be seen. By clicking the -Continue to payment- button, the guest simultaneously confirms to pay Socialbnb the service fee (section 6.2) in the amount of 15 percent of the total (fees including VAT and other fees directly related to the overnight stay, e.g. tourist tax) to be paid for the accommodation included in the capacity confirmation. After that, the guest is automatically redirected to the website of the payment service provider PayPal, through which the service fee is to be paid. This forwards a reservation request via the Socialbnb platform to the respective host. The reservation request represents a binding offer by the traveler to conclude the accommodation contract, which Socialbnb forwards to the host. The service fee is retained until the host confirms the request.

6.3.3 Socialbnb will immediately confirm receipt of the reservation request by email. Such an email is neither a binding acceptance of a booking offer nor a binding offer to the guest to conclude the accommodation contract.

6.3.4 Socialbnb will inform the guest within 72 hours after sending the reservation request whether the host has confirmed the requested reservation. If this is the case, Socialbnb will send the guest a so-called capacity confirmation by email, which contains the details of the booking.

6.3.5 With the capacity confirmation, the service fee of 15 percent will be collected from the specified payment method.

6.3.6 Socialbnb will reconfirm the booking by immediately sending a booking confirmation to the user and the host.

6.3.7 In case of cancellation of the accommodation by the hosts after the booking has been completed, the service fee will be refunded by socialbnb to the travelers within 5 working days. In case of cancellation by the travelers, the service fee will not be refunded by socialbnb.

6.4 The agreements made between the guest and the host with regard to the respective booking apply exclusively to the contract for the rental of the overnight accommodation. Socialbnb is not a party to the contract for the rental of the overnight accommodation.

6.5 Socialbnb is not involved in the payment process between guest and host for the accommodation option. The concrete payment modalities for the booked overnight accommodation result exclusively from the agreements made between the host and the guest for the rental of the overnight accommodation.

6.6 The contractual language of the agreement concluded between the users and Socialbnb regarding the Socialbnb platform and the services offered by Socialbnb via this platform is German and English.

7. SCOPE OF PERMITTED USE OF THE SOCIALBNB PLATFORM

7.1 The user's right to use the Socialbnb platform is limited to accessing the Socialbnb platform and to using the functions available to them on the platform within the scope of the provisions of these GTC.

7.2 The user is responsible for the creation of the technical requirements necessary in the user's area of responsibility for the contractual use of the Socialbnb platform. Socialbnb does not owe any advice in this regard.

7.3 Unless further use is expressly permitted in these GTC or on the Socialbnb platform or a corresponding functionality (e.g. download button) is enabled,

  • users may only access and display the content available on the Socialbnb platform (hereinafter 'Socialbnb Content') online for personal purposes.

  • Users are prohibited from processing, modifying, translating, presenting or performing, publishing, exhibiting, reproducing or distributing the Socialbnb Content in whole or in part. It is also prohibited to remove or change copyright notices, logos and other marks or protective notices.

This restriction does not apply to hosts with regard to their own host content or to guests with regard to their posted guest content.

7.4 The user is only entitled to download Socialbnb Content ('Download') and to print Socialbnb Content if a download or print function is available on the Socialbnb platform (e.g. by means of a download button).

7.5 Users are prohibited from any activities on or in connection with the Socialbnb platform that violate applicable law, infringe the rights of third parties or violate the principles of the protection of minors. In particular, users are prohibited from the following actions:

  • posting, distributing, offering and advertising pornographic content, services and/or products that violate youth protection laws, data protection laws and/or other laws and/or are fraudulent;
  • the use of content that insults or defames other users or third parties;
  • the use, provision and distribution of content, services and/or products that are protected by law or encumbered with third-party rights (e.g. copyrights) without being expressly authorized to do so.

7.6 Furthermore, regardless of any violation of the law, users are prohibited from the following activities when posting their own content on the Socialbnb platform and when communicating with other users:

  • the distribution of viruses, Trojans and other harmful files;

  • the sending of junk or spam e-mails and chain letters; disseminating offensive, indecent, sexually explicit, obscene or defamatory content or communication, or content or communication that promotes or encourages racism, bigotry, hatred, physical violence or unlawful activities (either explicitly or implicitly);

  • harassing other users, e.g. by making multiple personal contacts without or contrary to the reaction of the other user, as well as promoting or supporting such harassment;

  • soliciting other users to disclose passwords or personal data for commercial or unlawful purposes, distributing and/or publicly reproducing content available on the Socialbnb platform, unless the respective user is expressly

  • permitted to do so by the respective author or is expressly made available as a functionality on the Socialbnb platform.

7.7 Socialbnb points out that the usage activities of the users may be monitored by Socialbnb to the extent permitted by law. This may include the logging of IP connection data and communication histories as well as their analysis in the event of a concrete suspicion of a violation of these Terms and Conditions and/or in the event of a concrete suspicion of the existence of any other illegal act or criminal offense.

7.8 If there is a suspicion of illegal or criminal acts, Socialbnb is entitled and, if necessary, also obligated to review the activities of the users and, if necessary, to initiate appropriate legal steps. This may also include forwarding a case to the public prosecutor's office.

8. RIGHTS OF USE

8.1 Rights of Use of Socialbnb

8.1.1 As far as available as functionality on the Socialbnb platform, hosts are allowed to post content on the Socialbnb platform and thus make it available to guests, subject to the provisions of sections 5 and 7 and the following rules.

8.1.2 By posting such content, the host grants Socialbnb a royalty-free and transferable right of use to the respective content, in particular

  • to store the content on the servers of Socialbnb and to make it publicly accessible by displaying the content on the Socialbnb platform,

  • to process and reproduce the content, insofar as this is necessary for the provision or publication of the respective content.

  • to edit, reproduce and publish on social networks to promote Socialbnb

  • to grant rights of use to other users in accordance with clause 8.2.

8.1.3 If the respective user removes content from the Socialbnb platform, the right of use and exploitation granted to Socialbnb expires with the exception of the right of use granted in accordance with Section 8.1.2 c)... However, Socialbnb remains entitled to retain copies made for backup and/or verification purposes. The rights of use already granted to other users to content posted by the host (section 8.2.) also remain unaffected.

8.1.4 The respective user shall be fully responsible for the content posted by him/her. Except within the scope of a legal obligation, Socialbnb shall not review the content for completeness, accuracy, legality, timeliness, quality and suitability for a particular purpose.

8.1.5 The respective user therefore declares and warrants to Socialbnb that he/she is the sole owner of all rights to the content posted by him/her on the Socialbnb platform, or is otherwise authorized (e.g. by effective permission of the rights holder) to post the content on the Socialbnb platform and to grant the rights of use and exploitation pursuant to section 8.1.2.

8.1.6 Socialbnb reserves the right to refuse the posting of content and/or to edit, block or remove already posted content without prior notice if the posting of content by the user or the posted content itself has led to a violation of clauses 3, 7.5 and 7.6 or if there are concrete indications that a serious violation of clauses 3, 7.5 and 7.6 will occur. Socialbnb will, however, take into account the legitimate interests of the user and choose the mildest means to prevent the violation of section 3, 7.5. and 7.6.

8.2 Rights of use of users

8.2.1 Socialbnb grants users the non-exclusive, non-transferable right to use the Socialbnb platform including its content in accordance with the terms and conditions set forth in these GTC for the duration of the respective user agreement.

8.3 To the extent that users are entitled to download Socialbnb Content and to print Socialbnb Content pursuant to Section 7.4, the respective user shall receive a non-exclusive right of use for an indefinite period of time to use the duly downloaded or printed Socialbnb Content for his own non-commercial purposes. Otherwise, all rights to the Socialbnb content remain with the original rights holder (Socialbnb or the respective licensor of Socialbnb).

8.4 Mandatory legal rights (including reproduction for private and other personal use according to § 53 UrhG) remain unaffected.

9. RIGHTS OF USE

9.1 The Socialbnb platform is available to users around the clock. The transfer point is Socialbnb's outbound router to the Internet. For this purpose, Socialbnb guartees an availability of at least 95% on an annual average. The regular maintenance windows are not included in the calculation of availability, but Socialbnb carries them out as far as possible so that use is not impared

10. LIABILITY

10.1 Liability of the users

10.1.1 Users are liable to Socialbnb in accordance with the statutory provisions, unless otherwise provided for in Section 10.1.2 below.

10.1.2 To the extent that a culpable breach by a user of these terms of use, in particular of clauses 5, 7.5. and 7.6, results in a justified claim against Socialbnb by third parties (including other users), the affected user shall indemnify Socialbnb against such claims.

10.2 Liability of Socialbnb

10.3 Socialbnb is liable for damages and reimbursement of futile expenses for whatever legal reason as follows:

10.4 In case of intent and gross negligence of legal representatives, employees or other vicarious agents of Socialbnb as well as in case of injury to life, body or health and according to the provisions of the Product Liability Act, Socialbnb shall be liable without limitation.

10.5 In case of simple negligence of the legal representatives, employees or other vicarious agents of Socialbnb, Socialbnb is only liable in case of breach of a material contractual obligation (cardinal obligation). A material contractual obligation is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the fulfillment of which the contractual partner regularly relies and may rely. In the event of a breach of material contractual obligations due to simple negligence, Socialbnb's liability shall be limited to the foreseeable damage typical for this type of contract.

11. DATA PROTECTION

Socialbnb processes personal data of the users when providing the services of Socialbnb according to these GTC. Socialbnb will carry out this processing within the framework of statutory data protection provisions, in particular the DSGVO. Further details can be found in the privacy policy of Socialbnb, which can be viewed here: Privacy Policy of Socialbnb.

12. CONSUMER DISPUTE RESOLUTION

12.1 For users who are consumers, the European Commission provides a platform for online dispute resolution (OS), which can be found at this link http://ec.europa.eu/consumers/odr/.

12.2 Socialbnb is required by law to point out the email address of Socialbnb. This is: info@Socialbnb.de.

12.3 Socialbnb informs that Socialbnb does not participate in dispute resolution proceedings before a consumer arbitration board and is not obligated to do so.

13. RANKING

The accommodation offers of the hosts are displayed on the Socialbnb platform in such away that the most recently posted accommodation offer appears at the top, the others then in the order of the respective posting date. The further display then depends on which filter options the guest sets, e.g. country, topic, price, room, oldest, newest, lowest price, etc.

14. TERM AND TERMINATION OF THE USE OF THE SOCIALBNB PLATFORM

14.1 Guests and Hosts may terminate the Socialbnb Platform Agreement at any time by simply deleting their Socialbnb Account.

14.2 Socialbnb is entitled to terminate the usage relationship of the Socialbnb platform with the respective user with a notice period of 2 months to the end of the month. If Socialbnb terminates the user relationship with a user at a time when contracts already concluded via the Socialbnb platform exist between this user and other users for the rental of an overnight accommodation, which have not yet been terminated at the time of termination of the user relationship, the provisions of these GTC shall continue to apply until the respective previously concluded contract for the rental of an overnight accommodation has been terminated.

14.3 The right to terminate the contract without notice for good cause shall not be affected by the provisions of section 14.2.

15. FINAL PROVISIONS

15.1 These GTC and the contractual relationship between d Socialbnb and the users shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

15.2 If the user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), an entrepreneur within the meaning of § 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the exclusive - also international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of Socialbnb in Bielefeld. In all cases Socialbnb is also entitled to file suit at the place of performance of the service obligation according to these GTCs or a prior individual agreement or at the general place of jurisdiction of the user. Overriding statutory provisions, in particular regarding exclusive jurisdiction, remain unaffected.