HomeToGo International Inc., a Delaware incorporation, represented by its managing director Valentin Gruber.
111 Congress Ave
Email: [email protected]
These HomeToGo Hosting Platform Terms and Conditions (“T&Cs”) and the respective agreement on deal terms concluded by technical interface, governing the relationship between You (“You”, “Your”, “Host”) and HomeToGo International Inc., 111 Congress Ave, Suite 500, Austin, TX 78701 (“HomeToGo”, or “Provider”), constitute a legally binding agreement (“Agreement”) on the listing and distribution of travel accommodations, especially holiday homes or vacation rental offers (“Offers”). Host and Provider individually “Party” and collectively “Parties”.
Definitions and Recitals to the Conclusion of the Agreement
a. HomeToGo. HomeToGo is an online marketplace platform aggregating and distributing Offers of numerous providers and suppliers worldwide providing software applications and interfaces for travel accommodation. “HomeToGo Group” shall for the purposes of this Agreement include any current or future entity that is, directly or indirectly, controlled by, or is under common control of HomeToGo GmbH, located at Pappelallee 78/79, 10437 Berlin, Germany, and any current or future entity by which HomeToGo GmbH is directly or indirectly owned or controlled.
HomeToGo may at its sole discretion fulfill its obligations under this Agreement (or parts thereof) by any entity of the HomeToGo Group (“HomeToGo Group Entity”) and the respective HomeToGo Group Entity shall have the right to claim and enforce the fulfillment of such obligations rendered by the Host under this Agreement.
Offers aggregated by HomeToGo Group shall be distributed via several web and/or app services, operated by HomeToGo Group or by a contractual distribution partner within the HomeToGo distribution network (“HomeToGo Platform”).
b. Host. Host is any party registering an account for listing accommodations for rent (“Property” and “Properties” being equivalently used as “Offers”) in order to access and use the HomeToGo Platform to advertise and rent out Offers (“Hosting Platform”). Owners acting for their own business as individuals, as well as accommodation landlords and agencies acting on behalf of owners shall be deemed Hosts.
c. Account Registration. To have its Offers distributed via the HomeToGo Platform, the Host shall sign up for the Hosting Platform online as a business account and thereby submit a request with all applicable information and data to identify the Host being eligible to offer and advertise Properties that HomeToGo shall be free to accept. By completing the registration process for direct-listing of Offers on the HomeToGo Platform (“Services”) the Host agrees to these T&Cs. In the registration process the Parties agree on the details of the compensation, the scope of distribution, the reporting and invoicing process, if applicable, as well as other individual agreements (if any). Once accepted by HomeToGo Group the account registration is binding on the Parties and not subject to any cancellation or termination right, except as provided for under section 10 of this Agreement.
d. Direct-listing via the Hosting Platform. After signing up for an account the Host shall enter all necessary data and upload any relevant information to register for direct-listing via the Hosting Platform to advertise and display the Offers. Additionally, all required data entries for accounting, tax and booking purposes, if applicable, are mandatory and shall be provided by the Host. HomeToGo Group uses best efforts to review all provided data entries and may request further documents (if needed) or confirm the account registration.
2. Host Rights and Obligations
a. Host Offers and Host Data. The Host entitles and assigns HomeToGo Group to display and advertise on the HomeToGo Platform the Offers and the corresponding content and data provided by the Host (“Host Offers”). The Host shall provide free of charge and without technical request limits, all available information and all data that is necessary to (re-) distribute, display and advertise the Host Offers (“Host Data”) on the HomeToGo Platform. The Host Data shall include all property/accommodation attributes, texts, images/photos, geo data, prices, payment and cancellation details, availabilities, necessary valid mandatory licence or registration numbers (if any), depending on local legal requirements in territories where the Host Offers are situated.
b. Lawfulness of Host Data. The Host Data shall only include data, in particular images/photos and texts, for which (i) the Host holds the necessary rights to distribute and grant the usage and intellectual property rights as set out in section 3 para. d; and (ii) which do not violate any third-party rights or applicable laws or regulations. The Host shall comply with any and all mandatory requirements, acts, rules and other federal, local or city laws and regulations applicable to the rental, intermediation, publication and/or advertising of Offers online (“Tourism Regulations”). If an administrative body, applicable law or regulation requires an official permit or licence of the local property/accommodation, the Host shall ensure that all such legal requirements are fulfilled for the provided Host Offers. The Host guarantees and takes full liability that the rental price (including any displayed price components, and any applicable guest facing fees, taxes, tourist taxes or other charges) and the description of the Host Offers are correct and valid and remain the same until the booking is confirmed.
c. Price components. Prices provided by the Host (as part of Host Data) shall visibly include each mandatory and optional cost position which comprise the final price of the accommodation. This means that the Host shall provide all components of the final price (rental price, additional costs, discounts, taxes, etc.) to HomeToGo Group, regardless of whether they will be paid after booking or on site.
d. Inventory. The Parties agree on full-inventory-integration. The Host shall procure that Host Data will always be correct and up to date. HomeToGo Group shall be entitled to verify the integrity, accuracy and completeness of the Host Data as well as implement further safeguards by means of reasonable manual and technical checks potentially conducted by external service providers at its sole discretion. The Host agrees to promptly notify the Provider in the event of any change to any such information and data.
e. Booking procedure. Each booking, if applicable, from a Guest on the HomeToGo Platform shall be either an instant booking or a binding inquiry (“Booking Request”). The Booking Request shall be confirmed or rejected as soon as possible by the Host, latest within 24 hours. If the Host is not able to confirm or reject a Booking Request in due time, HomeToGo Group may automatically reject it on behalf of the Host.
f. Technical Integration. The Host is solely responsible (i) for any and all activities through the access and Your account using Your password for the usage of Services; (ii) to have necessary internet availability with adequate bandwidth and speed at Your own cost; and (iii) shall take care of security settings of Your computer systems, proper IT compatibility and maintenance of any equipment. The Host chooses a username (email address) and a proper and individual password. The Password shall be set up by following all common state of the art recommendations and technical requirements (password guidelines), and shall be kept confidential at all times. The Host will inform the Provider (particularly the “Host Relations” team), if the Host notices any issue on the Hosting Platform account.
g. Communication. HomeToGo Group will use the Host´s email address provided during the account registration for any communication related to the direct-listing of Properties via the Hosting Platform as well as Booking Requests, if applicable, from Guests.
The Provider will offer an onsite communication channel enabling the Host to chat directly with Guests and other travellers who are interested in the booking of Properties. The Host shall only use this communication channel to interact with Guests and shall only share information and respond to questions related to the Booking Request and execution of the booking.
You may not interfere or attempt to interfere with this communication channel by means of submitting malicious software or computer code (“Malicious Code”) or “spamming” or “mail bombing” chats to Guests. Furthermore, You may not implement any measures to circumvent Booking Request procedures on the HomeToGo Platform, send or otherwise transmit any content that infringes any intellectual property or other proprietary rights of any party, that contains any Malicious Code or any content that is harmful to minors, insulting, pornographic or otherwise discriminating.
h. Reporting. The Host can access, if applicable, statistic/sales overviews of each relevant booking, cancellation, enquiry or other transaction generated in relation to Host Offers (“Relevant Transaction”) via an online dashboard, via email or by any other means in the format as agreed upon in the Hosting Platform (“Conversion Report”).
i. Intellectual Property. The Host accepts and respects the copyright and intellectual property rights of the Provider, the HomeToGo Group, its affiliates and other entities or individuals employed or contracted by HomeToGo Group. The Parties agree that the Host does not receive a license or sub-license for such rights under this Agreement. The Host is therefore not permitted under any circumstances to sell these rights, to grant licences to them, to otherwise encumber them or give them to third parties, to use or to change them.
j. Rental Contracts. The contractual relationship with the user/traveller (e.g. rental contracts) underlying each booking generated through a Host Offer must be executed directly between the Host and the user/traveller who booked the Property contained in the Host Offer (“Guest”). All external transactions with the Guest shall be executed by the Host, unless otherwise agreed between the Host and Provider or a HomeToGo Group Entity. HomeToGo Group collects via the HomeToGo Platform and transmits to the Host inquiry or booking related Guest data on its own and/or the behalf of the Host. The Parties acknowledge that HomeToGo Group involves, if applicable, third party service providers in particular with regard to collecting and forwarding payment information and, particularly the Host is prepared to enter into separate agreements with such service providers and/or between the Parties to the extent required.
k. Cancellation of Bookings. Within the account registration the Host can choose a default cancellation procedure and may change it at a later point in time. The cancellation terms apply to all relevant bookings of Host Offers and will be binding upon the Host and each Guest per applicable booking.
In case the Host cancels a booking, in particular due to technical reasons (e.g. incorrect prices or availability displayed to the Guest), the Host shall immediately inform the Guest of the cancellation and the reason thereof and shall offer the Guest an adequate solution as alternative. If the price for the alternative accommodation is higher than the price of the cancelled booking or if any further costs incur for the Guest resulting from the cancellation, the Guest may claim these extra costs from the Host, depending on the applicable law, claim and underlying contractual stipulations of the booking. The Host shall promptly inform HomeToGo Group of any cancellation via email to [email protected] or at such email address to be updated from time to time by HomeToGo Group in its sole discretion.
l. Authority. The Host shall guarantee that the user signing up for direct-listing via the Hosting Platform and the person agreeing to and/or submitting a request has the necessary power of attorney to bind the Host to this Agreement, has read and understands it and agrees to it on behalf of the Host, and that the implementation of the Agreement is not in contradiction to other contractual agreements of the Host.
3. HomeToGo Rights and Obligations
a. HomeToGo Services. In exchange for all applicable fees and commissions, and subject to the Host’s compliance with this Agreement, HomeToGo Group shall enable the distribution of the Host Offers via the HomeToGo Platform.
b. Identical Offers. HomeToGo Group shall be entitled to display and promote the Host Offers together with offers and/or products of other hosts or partners, in particular if the Offers are identical. The Host cannot claim exclusivity.
c. Distribution. Within the boundaries of the account registration for the Hosting Platform and access to the HomeToGo Plattform the Host acknowledges and expressly agrees that HomeToGo Group is free to (re-) distribute and promote all Host Offers to contractual distribution partners within the HomeToGo distribution network, either via referral links through features (e.g., search bar widget, pop-/tab-unders, inline/end of result ads or other ad placements), white labels, API or via other technical solution at its sole discretion. For the avoidance of doubt, such features with referral links may be placed on any part of the HomeToGo Platform at HomeToGo Group’s sole discretion showing the Host Offers for the selected search criteria. However, to the extent the Host has a reasonable objection to a particular distribution arrangement or channel, the Host will provide prompt written notice to HomeToGo Group, identifying the third-party platform, or website from which the Host seeks to remove or withhold the Host Offers. HomeToGo Group will use commercially reasonable efforts to remove or withhold such Host Offers in a timely manner and will refrain from further distribution of such Host Offers through that particular channel to the extent reasonably practicable.
d. Intellectual Property Rights, License. The Host herewith grants HomeToGo Group non-exclusive, geographically unlimited, royalty free usage rights with respect to the Host Data including (without limitation):
the right to store, copy, reproduce, distribute, publish, display, and otherwise use all or any part of the Host Data to render the services under this Agreement, also in connection with HomeToGo Group products or distribution services, including (without limitation) the right to display the Host Data in the HomeToGo Group post-booking process, if needed also beyond the term of this Agreement;
the right to edit texts, images/photos and attributes as well as to develop its own add-ons for the purpose of improving the presentation and/or optimizing the integration of the Host Offers on/into the HomeToGo Platform;
the right to use all unedited or edited Host Data for purposes of advertising, PR and re-marketing (online, offline, in electronic and/or printed form) as well as for creation of static landing pages, accessible on the HomeToGo Platform; for the avoidance of doubt, Host Data (inter alia images/photos) may be used as a standalone with or without reference to the Offer;
the right to share all unedited or edited Host Data with third parties, e.g. search engines or social media platforms, for advertising purposes, which explicitly includes (but is not limited to) integrating the Host Data through the HomeToGo Group in the third parties’ advertising formats such as (but not limited to) dynamic banners, vacation rental listings, online ads and other online marketing formats, if required by making necessary adjustments to the Host Data;
the right to merge and match Host Data with data provided by other HomeToGo Group hosts, partners or contractual parties (particularly inter alia for multi-book offers or search results, bundling of rates, packaging with other types of travel services);
the right to extract, compile and aggregate Host Data in connection with data of other partners, so long as such extraction, aggregation or compilation omits any data that would enable the identification of the Host, its clients, or any individual, company or organization and to use or modify such aggregated data and to create derivative work results based on such aggregated data, including all reports, statistics or analyses, solely to provide and improve the services rendered by HomeToGo Group under this Agreement and to provide consultative and analytical information to the Host;
the right to store and retain the Host Data and to use it in order to assert and/or pursue, as HomeToGo Group may deem necessary or appropriate, any defenses available against legal claims, also beyond the term of this Agreement;
the right to use the business name of the Host, the registered and non-registered trademarks of the Host, including the logos to be displayed on the HomeToGo Platform and the right to name the Host as a reference partner in the media and for any other commercial uses;
the right to disclose the Host Data to third parties that act as subcontractors or outsourced data processors of the HomeToGo Group as well as to contractual distribution partners within the HomeToGo Platform and other cooperation partners of HomeToGo Group to display and advertise the Host Offers for the purposes mentioned in this Agreement; for the avoidance of doubt, HomeToGo Group may sublicense the granted rights to its contractual distribution partners within the HomeToGo Platform to render the services and distribution under this Agreement.
e. Sort Order of Search Results. The appearance of Host Offers in the search results pages on the HomeToGo Platform is based on a dynamic, self-learning algorithm and may vary based on a number of factors. One of these factors comprises the particular combination of search criteria entered by each user of the HomeToGo Platform. Those criteria may include such variables as destination, price, number of guests, type of the accommodation, specific property/accommodation attributes and amenities. The sort order of Host Offers among any set of Offers returned in response to a user’s initial request may further be influenced by user-selected sort preferences (i.e., popularity, value, guest ratings/reviews), the compensation model applicable to a particular Offer as well as other variables that include such parameters as ranking among similar properties and overall performance metrics. To ensure the functionality of each search query, HomeToGo Group may limit the number of displayed search results if it exceeds a purposive maximum
4. Remuneration and Payment
a. Fee. For the services rendered by HomeToGo Group under this Agreement, the Host shall pay a compensation (“Fee”) which is agreed upon within the account registration for direct-listing via the Hosting Platform, to HomeToGo or – at HomeToGo’s sole discretion – to such HomeToGo Group Entity rendering the respective service (or parts thereof). HomeToGo may, in its sole discretion, change the Fee via the technical interface or by email notification from time to time.
If applicable, the Host may choose between different compensation models and may decide if either the Host will cover the entire Fee payable to HomeToGo Group or if the Guest will bear a share of the Fee, while the rest of the Fee shall be paid by the Host.
b. Cancellation Fee. In case of a booking cancellation as described in section 2 para. k, the Host shall pay to the relevant HomeToGo Group Entity (depending on the invoicing procedure as set out in section 4 para. c and d) a cancellation fee amounting to 50% of the Fee payable by the Host for this particular booking, plus applicable VAT.
c. Invoicing. The Host may receive an invoice/sales overview with the Relevant Transaction in a format to be defined by HomeToGo Group (“Invoice”) on the day of booking. In case a HomeToGo Group Entity is rendering the Services and is authorized to receive the Fee, a respective Invoice for such Services (or parts thereof) may be issued by that respective HomeToGo Group Entity.
d. Guest Invoicing. The Host will provide the Guest with a proper invoice for the booking of the Property, if applicable.
e. Due Date of Payment. The payment of the Fee stated in the Invoice shall be made in the month in which the Invoice was issued, free of charge by money transfer to the bank account of HomeToGo or a HomeToGo Group Entity as set out in the Invoice. Any payment of the Host due under this Agreement and not received by the respective due date may accrue late charges of 4% of the outstanding balance per month.
5. Confidentiality and Data Security
a. Confidential Information. “Confidential Information” shall mean any and all information a Party directly or indirectly obtained from the other Party or its affiliates in particular regarding users, Guests or potential Guests, personal data, draft contracts, documents, media, graphics, technical information, information on economic and financial conditions and other verbal or written messages. The receiving Party shall (i) limit disclosure of any Confidential Information to its directors, officers, employees, agents or representatives (“Representatives”) who have a need to know such Confidential Information in connection with the implementation of this Agreement, and only for that purpose; (ii) advise its Representatives of the proprietary nature of the Confidential Information and of the obligations set forth in this Agreement, (iii) require such Representatives to be bound by written confidentiality restrictions no less stringent than those contained herein, and (iv) assume full liability for acts or omissions by its Representatives that are inconsistent with its obligations under this Agreement; (v) keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information; and (vi) not disclose any Confidential Information received by it to any third parties (except as otherwise provided for herein).
The duty of confidentiality does not apply to information
which was already legally in the possession of the receiving Party, who was, at the time of information disclosure, not subject to any obligation of confidentiality to the disclosing Party;
which, at the time of its disclosure to the receiving Party, is public knowledge or subsequently becomes public knowledge other than as a result of some act of omission on the part of the receiving Party or its representatives in the breach of the terms of this Agreement;
which is obtained lawfully from a third party, who is not subject to a duty of confidentiality;
which has been expressly approved by a written statement from the disclosing Party;
which, due to statutory information disclosure duties must be disclosed.
b. Data Security. The Host shall ensure that it complies with all applicable data protection regulations of the Federal Republic of Germany, of the European Union (GDPR), of the United States and of its own country (if applicable) and uses the transmitted data only in accordance with these regulations. The Parties have committed all its employees in writing to comply with all applicable data protection regulations. The Host implements and maintains an adequate and proper level of technical and organizational security measures at least with the same level and degree of care that it uses to protect its own data (but not less than reasonable care).
c. Disclosures. For the avoidance of doubt, the Host agrees that HomeToGo Group may disclose Confidential Information, including without limitation personal data (if provided within Host Data), to law enforcement agencies, financial authorities, authorities or agencies mandated by public authorities pursuing administrative offences or legal claims as well as, if applicable, to third parties who sufficiently claim an infringement of their rights, if HomeToGo Group has indications of an illegal or abusive conduct of the Host or upon request of public authorities as well as in case of warning notices arising from intellectual property rights, copyright or competition law. HomeToGo Group is not obliged to check beforehand if these alleged claims are justified. Disclosure will be made if this serves the enforcement of the contractual agreement, or is required due to a legal, official or court order. HomeToGo Group will - as far as possible and reasonable in the course of business - take necessary measures to limit the extent of data disclosure to a minimum.
a. Liability for Host Data. The Host guarantees that it possesses all necessary rights to the Host Data, in particular content, linked sites and other information HomeToGo Group is depending on in order to deliver its service. All information and permissions provided by the Host or on its behalf must be complete, correct and up to date. HomeToGo Group is not liable for the accuracy, quality, completeness, reliability or credibility of the Host Data. For this, the Host itself shall be liable on the basis of general laws. The Host will indemnify HomeToGo Group, upon first demand, from claims by third parties and any resulting damages, resulting from claims from third parties in connection with any Host Data or because the Host (allegedly) infringed rights or caused damages through the Host Data, in particular its own content, linked pages, other information or deliverables. The Host will bear the costs arising for any legal proceedings, including court and attorney costs or any other legal fees and HomeToGo Group shall be fully indemnified from the respective costs.
b. Liability for Data Security. In case the Host violates any data security regulation and thereby causes any loss for HomeToGo Group (including image loss), the Host shall provide appropriate compensation for HomeToGo Group and indemnify it from any claims of third parties caused by the violation of this Agreement.
c. Liability for Tax Payments. For the avoidance of doubt, only the Host is responsible for the declaration and due payment of any taxes that the Host is subject to under applicable laws. HomeToGo and the HomeToGo Group cannot be held liable for any of the Host’s tax related responsibilities and the Host shall indemnify and hold HomeToGo and the HomeToGo Group harmless from any such claims.
d. Force Majeure. Neither Party shall be liable for technical disruptions or failure to perform its obligations under this Agreement (except from obligations of payment), the cause of which lies not within the Party’s responsibility or control, nor for damages caused by an event of force majeure. Force majeure includes without limitation acts of god, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures or denial-of-service attacks, other elements of nature (e.g. earthquake, storms, etc.), blockages, embargoes, riots, public health emergencies (including pandemics and epidemics), acts or orders of government. This applies as long as the respective event is ongoing and the Parties use commercially reasonable efforts to resume performance of their obligations.
e. Availability. HomeToGo Group does not guarantee the uninterrupted availability of data and services. HomeToGo Group is free to perform technical maintenance to the HomeToGo Platform at any time and to the necessary extent.
f. Limitation of Liability. Within the framework of legal stipulations, HomeToGo shall be liable, irrespective of the legal ground, ONLY subject to the following provisions:
HomeToGo assumes unlimited liability for claims under the German Product Liability Act and for damages resulting from injury to life, body or health as well as for damages based on intent or gross negligence from HomeToGo Group, or one of its legal representatives or agents, as well as for damages due to non-compliance with a given HomeToGo Group guarantee, warranted qualities or for fraudulently concealed faults;
HomeToGo shall be liable for each negligent breach of a fundamental contractual obligation by HomeToGo Group, its legal representatives or its agents. However, in that regard HomeToGo's liability shall be limited to the amount of foreseeable damage typical for such contracts and, in such a case, to a maximum amount of USD 5,000 per occurrence. Fundamental contractual obligations are obligations that make the orderly implementation of the contract possible in the first place, and the observance of which the contract partner regularly relies on and can expect to rely on.
EXCEPT AS SET FORTH IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
g. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, HOMETOGO MAKES NO REPRESENTATIONS, WARRANTIES, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, HOMETOGO PLATFORM OR ANY ASSOCIATED DISTRIBUTION OR INTEGRATION; AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF PERFORMANCE OR DEALING, OR USAGE OF TRADE.
a. Business Conduct. The Host shall observe ethical business principles and comply with all laws, other regulations and requirements applicable to Host. This applies, in particular but without limitation, to regulations relating to anti-corruption, antitrust, data protection, anti-money-laundering, child labor, prevention of terrorism, export controls and sanctions, Tourism Regulations as well as health, safety, security and environment standards. HomeToGo Group has laid out its ethical business principles in the HomeToGo code of conduct (which is made available upon Host’s request). Host shall comply with the principles and values set out in the HomeToGo code of conduct or with the rules set out in the Host’s own code of conduct with the same or very similar standards.
b. Anti-Corruption. The Host warrants and guarantees that no payments or other benefits have been or will be offered, promised or made, directly or indirectly, to any public official, representative of the judiciary, employee of a government-controlled company or employee/agent of a company that are likely to unduly influence official or business conduct. This also includes facilitating payments.
c. Export Controls and Sanctions. HomeToGo respects directly applicable economic, trade or financial sanctions and embargoes of the European Union and the Federal Republic of Germany (“Sanction(s)”) and expects from Host to do the same. Host hereby warrants and guarantees that no Sanctions are directly applicable to the business relationship between HomeToGo and Host; in particular Host warrants and guarantees that (i) Host and its shareholders, directors, officers or employees are not subject to any Sanctions, and (ii) Host does not have any registered office, real estate or bank account in any sanctioned country.
d. Compliance Guarantee. The Host warrants and guarantees that during the last three years Host or any of its shareholders, directors, officers or employees (i) have not been charged with any criminal act or administrative violation related to the Host’s business, (ii) have not been the subject of any investigation of fraud, corruption, antitrust or similar offences, (iii) have not been on a list of denied parties or barred from public offers (blacklisted) due to violations, and (iv) are not a person subject to economic or financial sanctions imposed by a state government or international organisation. Host warrants and guarantees that the warranties and guarantees under this clause . d also fully apply to affiliated entities of Host and their shareholders, directors, officers or employees.
e. Compliance Organization. The Host guarantees that it has implemented suitable compliance measures that are adequate to reduce risks of non-compliance with respect to the regulations mentioned under paras. a, b and c. Host undertakes to contractually require its agents, subcontractors and other business partners to comply with the principles set forth under para. a, b and c. Host shall carefully select its agents, subcontractors and other business partners taking into account the requirements set out in this section 7.
f. Tourism Regulations. The Host represents and guarantees that it complies with all Tourism Regulations applicable to its business, whether relating to transparency requirements to its users, provision of information within Host Data, communication of information to competent authorities or any other legal obligations in the context of Tourism Regulations.
g. Reporting Obligation. A suspected violation of the provisions in para a to d by the Host or one of its affiliated entities, representatives and/or subcontractors must be reported immediately by Host to HomeToGo. In the event that HomeToGo investigates a suspected violation of the provisions set out in para. a to d, Host shall fully cooperate with HomeToGo.
h. Right of Termination. The Host acknowledges and agrees that a breach of the provisions in para a to d of this section shall be deemed a material breach of the Agreement which gives HomeToGo the right to terminate the Agreement at any time with immediate effect. HomeToGo shall not be liable for any damages Host may suffer as a result of such termination. HomeToGo is also entitled to terminate in case there are reasonable grounds for suspecting a violation of the provisions set out in clauses a to d.
i. Damages and Indemnification. In the event of a breach of the provisions under para a to d, HomeToGo Group shall be entitled to damages. In addition, the Host shall indemnify and hold HomeToGo Group harmless in relation to all claims raised by third parties as well as in relation to all penalties, fines, sanctions, seizures, or other payment requests ordered by authorities based on violations of the provisions set out in para a to d by Host.
j. Audit Right. HomeToGo Group has the right to inspect all books, financial statements, records, invoices and other business documents of Host during business hours in order to check compliance with the provisions under para a to d in relation to the business relationship with HomeToGo (“Audit”). HomeToGo will notify the Host prior to the Audit. HomeToGo will use professionals who are bound by professional secrecy to conduct the Audit. Host shall ensure that it and its representatives and subcontractors fully cooperate. Each Party shall bear its own costs incurred in connection with the Audit, unless Host has culpably caused the Audit in which case Host shall bear the costs of the Audit. Applicable data protection regulations shall be observed by both Parties.
8. Prohibited Acts
a. Prohibited Content. The Host is obliged to refrain from the following acts relating to the Host Offers and/or Host Data, in particular all content provided by the Host and displayed on the HomeToGo Platform:
producing material of a lewd or sexual nature (explicit or implicit) contrary to the protection of minors and general personal rights;
the spread of extremist, anti-constitutional or dangerous materials;
the dissemination of obscene materials or materials with violent content.
b. Misuse. Furthermore, misuse of the offers and the services of HomeToGo Group is prohibited, especially the following acts:
the by-passing of safety or security measures;
the use of services in a way that results in damage to the equipment or can lead to a functional failure of services;
the dissemination of viruses or other malicious code;
partial or complete plagiarism of services;
the disclosure or reconstruction of source code for abusive or commercial purposes;
parsing and automated reading of software, directories, data and contents of HomeToGo Group and its services, as well as of its affiliates and their services;
the use or the integration of external apps or other content that display or disseminate youth-endangering or illegal material – in the former case in particular if the enforcement of appropriate age restrictions is not ensured.
9. Consequences of Violations and Settlement
a. Consequences. Insofar as there is sufficient suspicion that the Host violates
its contractual obligation under this Agreement;
rights of third parties;
the law or morality;
or has received
repeated complaints from Guests or;
low reviews to Host Offers;
repeatedly cancels bookings or rejects Booking Requests (without reasonable cause);
includes inappropriate content within the Host Data or information that circumvents the use of the Hosting Platform and/or services rendered by HomeToGo or the HomeToGo Group,
HomeToGo Group may at its sole discretion, to protect the interests of Guests, or other hosts or contractual partners, or the HomeToGo Platform from the occurrence of significant damage, considering the legitimate interests of the Host, take the following appropriate measures:
warning of the Host;
removal of the Host Offers or Host Data from the HomeToGo Platform;
temporary or permanent blocking of the Host’s account;
change of Host Offers’ ranking.
The listed order of the individual measures does not represent any valuation or stringent ranking or, accordingly, does not bind the HomeToGo Group.
b. Consequences for HomeToGo Payment related Violations. HomeToGo Group shall be entitled to assert a right to withhold a share of the Host’s credit for the period permitted by law or contract, at least 30 days, until the facts of the potential violation have been fully clarified and cured. In addition, HomeToGo Group reserves the right to demand further documents and evidence from the Host required for the clarification of disputed transactions, as well as to insist on the Host’s cooperation.
c. Settlement. If and to the extent the Host wishes to complain about any measure taken based on this Agreement, the Host may contact [email protected], such email address may be updated from time to time to be communicated via the technical interface or by email. HomeToGo Group will cooperate with the Host in order to reach a settlement of any disputes in good faith.
10. Term and Termination
a. Term. The Agreement comes into force with HomeToGo’s acceptance of the account registration within the Hosting Platform. The Agreement shall be valid for one (1) year from the date thereof and shall be continuously and tacitly extended for a period of one (1) additional year, unless one of the Parties terminates the same with a three (3) months’ notice period to the respective contract end. For the avoidance of doubt, any termination of the T&Cs shall result in a termination of the entire Agreement.
b. Extraordinary Termination. The right to give extraordinary notice of termination for cause will remain unaffected. In case of extraordinary termination within the first year of this Agreement, HomeToGo or the respective HomeToGo Group Entity shall be entitled to claim the costs which occurred for the technical integration of the Host.
c. Effect of Termination. Following any termination of this Agreement, all associated Host Offers will be deactivated and removed from the HomeToGo Platform as soon as technically feasible. However, a termination shall have no effect on Fees for Relevant Transactions already processed by the time of termination or processed in the time between termination and deactivation that have not yet been paid. In addition, the provisions of sections 4, 5, 6 and 8 of these T&Cs shall remain effective even after termination.
11. Final Provisions
a. Precedence. In cases of deviations between the account registration for the Hosting Platform and the T&Cs, the agreements within the account registration shall prevail.
b. Form and Notice. Changes or additions to this Agreement (including termination) must be made in writing (email shall suffice).
c. Expenses. Unless otherwise expressly provided in the Agreement, all costs and expenses incurred in connection with the Agreement and in carrying out the transactions contemplated hereby will be the obligation of the Party incurring such cost or expense.
d. Amendments. HomeToGo reserves the right to change these T&Cs at any time, in particular due to changes of legal stipulations or high court jurisdiction. The Host hereby agrees to such amendment, unless it objects to the amendment within four (4) weeks after notification by HomeToGo via email, information on its website or by any other reasonable means (e.g., information via email if applicable).
e. Applicable Law and Venue. This Agreement shall be subject to the laws of the Federal Republic of Germany under the exclusion of the United Nations Convention on contracts for the International Sale of Goods, CISG. The place of fulfilment and jurisdiction for all disputes arising from and in connection with this Agreement shall be Berlin, Germany.
f. Assignment. Without the prior written consent of HomeToGo, the Host may not, assign, transfer, novate, sub-license any rights or obligations under this Agreement, whether in their totality or in part, to a third party, unless otherwise agreed upon. Nonetheless, each Party may assign this Agreement to the surviving entity, in connection with a merger, reorganisation, consolidation, change in control or a sale of basically all of its assets, provided that the surviving entity is not a direct competitor, or the other Party and assignee agrees in writing to be bound by this Agreement.
g. Severability. If individual provisions in the Agreement shall become null or void, this will not affect the remaining provisions of this Agreement. In place of ineffective or inapplicable provisions, or in order to fill any gaps, the Parties shall agree on an appropriate agreement, which comes closest to what the Parties intended, and which corresponds to what would have been agreed in accordance with the purpose and intention of this Agreement if the matter in question had been considered earlier.
Data protection is a matter of trust, and Your trust matters to HomeToGo. It is therefore important to us that Your personal information as a Host (“Host” or “You”) of travel accommodation properties is protected and that its collection, processing and use in relation to HomeToGo's services in Our application and on Our website us.hometogo.com (the “Platform”) complies with applicable data protection laws.
This Policy applies to the data processing performed by HomeToGo International Inc., 111 Congress Ave, Suite 500, Austin, TX 78701 (hereinafter "HomeToGo", “We“, “Our” or the “Controller”), to be contacted at [email protected].
HomeToGo is a company of the HomeToGo Group. We may share Your personal information with our associated companies within the HomeToGo Group on an occasional basis or particularly if services are rendered by an associated company. The “HomeToGo Group” includes all (current and future) entities that are directly or indirectly controlled by HomeToGo GmbH. HomeToGo GmbH is located in Berlin, Germany and contactable via [email protected].
All processing activities are undertaken pursuant to the applicable data protection regulations including, but not limited to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (the “CCPA”) and REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, the (“GDPR”).
Any terms which are not defined in this Policy shall be interpreted per the definitions in the CCPA unless otherwise specified.
Information regarding collection, purpose of processing and retention of Personal Information
HomeToGo collects the following categories of personal information from Hosts:
Personal information used to identify You, communicate with You, market to You and to conclude a legal agreement with You. This personal information is additionally used for technical, analytical and marketing purposes.
Sensitive Personal Information used to identify You, verify Your identity and reduce fraud on Our Platform:
These categories of personal information are not sold (therefore we do not provide a related opt out opportunity) and are shared within the HomeToGo Group and/or third-party service providers (e.g. our vendors) as necessary or disclosed to other third parties (e.g. legal requests from government authorities) if You have provided Your consent or if We have a legal obligation to do so. We take care to ensure that the minimum amount of personal information is shared as necessary to fulfill the purpose for which it was originally collected.
Summary of purposes for which Personal Information is used:
If required and applicable in some jurisdictions We process (collect, use, share, combine, disclose, etc.) Your personal information with a valid legal reason, called a lawful basis:
When relying on legitimate interest as a legal basis We will always balance the impacted individual’s rights and the protection of their personal information against Our rights and/or third party’s rights and interests and take appropriate measures to minimize such impact (if any).
3rd Party Service Providers (Vendors)
To perform Our services We cooperate together with vendors working on Our behalf and in the course of providing their services may have access to Your personal information. Vendors assist us with the following:
Obligation to provide information
Certain personal information is required to enter into a legal agreement with You, without the provision of this personal information We are unable to provide our services to You. The scope of this mandatory information depends on the service requested and is either required by law or necessary for any contracts concluded with us or third parties on the Platform.
The personal information is retained for as long as You are active on our Platform and thereafter per applicable legal retention requirements, in any event for no longer than 10 years after the termination of the legal agreement.
Some cookies help us provide Our users with an optimal functional service as well as a secure experience on Our website and app (functional cookies). Functional cookies are technically necessary for security, user settings, and the user experience (e.g. to make a booking, create a user account, save preferred searches). Being essential for the operation and functionality of Our website and app, data processing in the case of functional cookies is based on Article 6 (1) (f) GDPR, and on the fulfillment of Our HomeToGo International Inc. Hosting Platform Terms & Conditions, on Article 6 (1) (b) GDPR. In part, cookies are used to make the use of Our service more convenient for You. For example, We use so-called session cookies to detect that You have already visited individual pages on Our website or that You have already logged in to Your user account. These are automatically deleted after You leave Our website. In addition, to ensure the fulfillment of Our terms and conditions (HomeToGo International Inc. Hosting Platform Terms & Conditions) We also use temporary cookies, which are stored on Your device for a specific period of time. If You visit our website again to use Our services, the cookies automatically detect that You have already visited us, as well as what information You entered and the settings You used, so that We may provide You with Our services.
If You already have a user account and are logged in or activate the "Stay logged in" feature, the information stored in cookies will be added to Your user account.
The storage period of cookies depends on their purpose and therefore varies. In any case, cookies are automatically deleted after a defined time.
We do not target Our Platform or services towards children and do not knowingly collect personal information from children. If We become aware that We process personal information from children under the age of 13 (thirteen) or people below 18 (eighteen), except strictly necessary for the completion of the booking inquiry, We will immediately delete this. If you suspect We are processing the personal information of any children please contact HomeToGo immediately via [email protected].
Information regarding Your rights
Both the CCPA and the GDPR enshrine certain rights and HomeToGo is committed to providing these rights to all Hosts, regardless of where You are located.
Additional Rights provided for by the GDPR
Defined terms in this section are as defined in the GDPR
These rights, or any other State specific rights available to You, may be exercised by directing an email to: [email protected] with "Privacy Request" or similar wording in the subject line. We will respond as soon as possible and do our best to resolve any issue. In addition, You may have the right to file a complaint with Your local data protection or supervisory authority.
You may make these requests yourself or through a duly authorized representative making a request on Your behalf. In the event that an authorized representative is used, please ensure this representative's written permission authorizing him/her to submit such a request is included with the request. The representative will receive detailed information from HomeToGo regarding the exercise of Your data protection rights, provided that appropriate and legally recognized proof of an assignment can be presented.
Additionally, You may object to the sharing of Your personal information that HomeToGo uses for any targeted direct marketing purposes, including unsubscribing from our newsletter, and make additional privacy settings in Your user account or via Our cookie banner. Additionally You may unsubscribe from Our newsletter by clicking the “unsubscribe” button at the bottom of every newsletter.
Feedback and changes to this Policy
If you have any comments or questions about this Policy please contact us either via [email protected] or by HomeToGo International Inc., 111 Congress Ave, Suite 500, Austin, TX 78701.