Terms of Service

Dear Travelers,

Please take the time to carefully read through our General Terms and Conditions (GTC) and travel notices. The following provisions, insofar as validly agreed upon, will form the basis of the contract between you and socialbnb GmbH, hereinafter referred to as “socialbnb.” These terms and conditions are divided into two sections:

Part I: Terms and Conditions for the Use of the socialbnb Platform

Part II: Travel Conditions for Package Tours by socialbnb GmbH / socialbnb

We also refer you to the information sheet provided in the appendix, which informs travelers about package travel according to §651a of the German Civil Code (BGB).


Part I: Terms and Conditions for the Use of the socialbnb Platform


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.


Part II: Travel Conditions for Package Tours by socialbnb GmbH / socialbnb

Thank you for booking with socialbnb GmbH ǀ Weyertal 109 ǀ D-50931 Cologne ǀ Germany. The following travel conditions apply to package travel contracts that are subject to the provisions of §§ 651a ff. BGB (German Civil Code) governing travel contracts. These terms and conditions, insofar as validly agreed, constitute part of the package travel contract concluded between the traveler and the tour operator (hereinafter also referred to as “socialbnb”). They supplement and elaborate on the legal provisions of §§ 651a to 651y BGB and Articles 250 and 252 EGBGB (Introductory Act to the Civil Code).


1. Conclusion of the Contract

1.1 socialbnb provides the traveler with a non-binding travel offer upon request. By submitting a travel application (booking), which may be done in writing by mail or electronically via email, the traveler makes a binding offer to the tour operator to conclude a travel contract based on these travel conditions, the travel offer description, and all supplementary information forming the basis of the booking, provided such information has been made available to the traveler.

1.2 The travel contract is concluded upon receipt of the travel confirmation by the tour operator. At or promptly after the conclusion of the contract, the tour operator will provide the traveler with a travel confirmation on a durable medium in compliance with legal requirements unless the traveler is entitled to a paper-based travel confirmation under Art. 250 § 6 para. 1 sentence 2 EGBGB, due to the contract being concluded in the simultaneous physical presence of both parties or outside business premises.

1.3 The traveler is responsible for all contractual obligations of other travelers for whom the booking is made, as if they were their own, provided they have explicitly and separately agreed to assume such obligations.

1.4 If the content of the travel confirmation deviates from the booking, this constitutes a new offer, which the tour operator is bound to for 10 days. The contract is concluded based on this new offer if the tour operator has informed the traveler of the change, fulfilled their pre-contractual information obligations, and the traveler accepts the new offer within the binding period through an explicit declaration or by making a payment.

1.5 The pre-contractual information provided by the tour operator concerning essential characteristics of travel services, the travel price and all additional costs, payment modalities, and cancellation fees (in accordance with Art. 250 § 3 Nos. 1, 3 to 5, and 7 EGBGB) only become part of the travel contract if explicitly agreed upon by the parties.

1.6 For bookings made via electronic commerce (e.g., the internet), the following provisions apply to contract conclusion: a) The customer will be informed about the steps involved in electronic booking in the respective application of socialbnb. b) The customer has the opportunity to correct input errors, delete entries, or reset the entire booking form as necessary. c) The contract languages available for the online booking process are specified. The legally binding versions are German and English. d) If the contract text is stored in the online booking system by socialbnb, the customer will be informed of this and of how to access the text later. e) By clicking the button labeled “book with payment obligation,” the customer makes a binding offer to socialbnb to conclude the package travel contract. The customer is bound by this offer for 10 working days from the date of sending the electronic declaration. f) The receipt of the booking will be confirmed to the customer promptly via electronic means. g) Sending the booking by clicking the button “book with payment obligation” does not entitle the customer to the conclusion of a package travel contract as per their booking details. socialbnb retains the right to accept or reject the customer’s offer. h) The contract is concluded upon the timely receipt of the travel confirmation from socialbnb by the customer (via email, including a summary of the booking details).

1.7 It is noted that for all the booking methods mentioned above, there is no statutory right of withdrawal for package travel contracts concluded remotely, pursuant to § 312g para. 2 sentence 1 no. 9 BGB, after the contract has been concluded. However, the traveler retains the right to withdraw from or terminate the contract, subject to the conditions outlined in Clause 4.


2. Payment

2.1 Payments toward the travel price prior to the end of the trip may only be demanded and accepted if an effective customer funds protection agreement is in place, and the traveler has been provided with the security certificate, including the name and contact details of the customer funds protector, in a clear, comprehensible, and prominent manner. After the contract is concluded, a deposit of 20% becomes due upon receipt of the security certificate. The remaining balance is due 30 days prior to the start of the trip, provided the security certificate has been issued and the tour operator’s right of withdrawal for the reason stated in Section 5.2 can no longer be exercised. Customers will receive their complete travel documents (e.g., accommodation bookings, activities) only after full payment of the travel price.

2.2 If the traveler fails to make the deposit or the final payment of the travel price in accordance with the agreed payment deadlines, despite socialbnb being ready and able to properly deliver the contractual services, having fulfilled its statutory information obligations, and no statutory or contractual right of retention existing for the traveler, the tour operator is entitled, after issuing a reminder with a deadline, to withdraw from the travel contract and charge the traveler withdrawal costs.


3. Changes to Services and Prices, Rebookings

3.1 Deviations in essential characteristics of travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and are not caused by socialbnb in bad faith, are permitted prior to the start of the trip only insofar as the deviations are not significant and do not affect the overall character of the booked trip.

3.2 The tour operator is obliged to inform the traveler of changes to or deviations in services as soon as the reason for the change becomes known. This information must be provided in a clear, comprehensible, and prominent manner on a durable medium.

3.3 In the event of a significant change to an essential characteristic of a travel service or a deviation from specific requirements, the traveler is entitled, within a reasonable period, to either accept the change, withdraw from the travel contract free of charge, or request participation in an alternative trip if the tour operator offers such a trip. The traveler may choose whether to respond to the notification. If the traveler does not respond to the tour operator within the statutory period, the communicated change will be deemed accepted. The traveler must be informed of this in a clear, comprehensible, and prominent manner in connection with the change notification.

3.4 Any warranty claims remain unaffected if the modified services are defective. If the tour operator incurs lower costs for providing the modified or alternative trip of equivalent quality, the difference must be refunded to the traveler in accordance with § 651m para. 2 BGB.

3.5 The tour operator reserves the right to adjust the price agreed in the travel contract if there is an increase in costs specified by law, such as fuel prices, currency exchange rates, or taxes and fees for specific services (e.g., port or airport charges), as follows:

  • 3.5.1 In the case of a seat-related increase, the tour operator may charge the traveler the corresponding amount of the increase.
  • 3.5.2 In other cases, additional transportation costs imposed by the carrier are divided by the number of seats on the agreed transportation method. The resulting increase per seat may be charged to the traveler.

If the taxes or fees applicable at the time of contract conclusion (e.g., port, airport, or parking fees) increase, the travel price may be adjusted proportionally. The tour operator must inform the traveler of the price increase, the reasons for it, and the calculation method in a clear, comprehensible, and prominent manner on a durable medium.

The communicated price change will be deemed accepted if the traveler does not respond within the period set by the operator. Conversely, the tour operator commits to passing on price reductions to the traveler, in accordance with § 651f para. 4 BGB, if the aforementioned costs decrease after the conclusion of the contract and prior to the start of the trip, leading to lower expenses for the operator.

In this case, the operator may deduct the actual administrative expenses incurred from the refundable amount. The operator must provide proof of the administrative expenses incurred. If the applicable exchange rate changes after the conclusion of the contract, increasing the costs of the trip for the operator, the travel price may be increased for each participant proportionally to the impact on the booked capacity.

Price increases within 20 days before the start of the trip are invalid. For price increases exceeding 8%, the traveler may withdraw from the travel contract free of charge or request participation in a comparable trip offered by the operator at no additional cost. In the case of withdrawal, the operator must refund all payments made by the traveler without delay.

The rights and obligations described in this section also apply to permissible changes in essential travel services. The traveler must exercise these rights promptly after the operator's notification of a price increase or service change.

3.6 The traveler has no entitlement to changes in the travel date, destination, departure location, accommodation, or mode of transportation after the conclusion of the contract. This does not apply if rebooking is necessary due to insufficient or incorrect pre-contractual information provided by the operator in accordance with Art. 250 § 3 EGBGB. In such cases, rebooking is free of charge.

If the operator accommodates the traveler’s request for rebooking under Section 3.6, a rebooking fee of €30 per transaction will be charged up to 30 days before departure, in addition to any potential new travel price for the rebooked service. The traveler will be informed of the new travel price before the rebooking is completed.

Rebooking requests made 29 days or fewer before the start of the trip can only be fulfilled, if possible, by withdrawing from the travel contract under Section 4 and re-registering simultaneously. This does not apply to rebooking requests causing only minor costs.


4. Withdrawal by the Traveler Before the Start of the Trip

4.1 The traveler has the option to withdraw from the travel contract at any time before the start of the trip. The withdrawal must be declared to socialbnb. It is recommended that the traveler declares the withdrawal on a durable medium.

4.2 In the event of a withdrawal by the traveler before the start of the trip or if the traveler does not commence the trip, socialbnb is entitled to an appropriate compensation for the arrangements made and expenses incurred, provided the withdrawal is not due to the tour operator's fault or due to extraordinary circumstances at the destination or in its immediate vicinity that significantly impact the trip or the transportation of persons to the destination.

According to § 651h para. 3 S. 2 BGB, circumstances are considered unavoidable and extraordinary if they are beyond the control of the tour operator, and their consequences could not have been avoided even if all reasonable precautions had been taken. The compensation amount is calculated based on the travel price minus the value of the savings by the tour operator and any amounts the operator has earned through other use of the travel services. The compensation is calculated according to the time of receipt of the withdrawal declaration, in relation to the following percentages of the travel price

  • Up to 30 days before departure: 20%
  • From 29 to 22 days before departure: 30%
  • From 21 to 15 days before departure: 40%
  • From 14 to 7 days before departure: 50%
  • From 6 to 2 days before departure: 55&
  • On the day of departure or no-show: 75%

4.3 The traveler may prove that the reasonable compensation due to the tour operator is significantly lower than the cancellation fee requested.

4.4 The tour operator reserves the right to demand a higher, individually calculated compensation instead of the aforementioned flat-rate amounts if the operator can prove that it incurred significantly higher expenses than the applicable flat-rate compensation. In this case, the tour operator must specify and justify the amount of compensation required, taking into account any savings and any earnings from other use of the travel services.

4.5 The tour operator is required to refund the travel price without delay, but no later than 14 days after receipt of the withdrawal declaration.

4.6 Within a reasonable period, the traveler can declare that a third party will take over their rights and obligations under the travel contract. This declaration is deemed timely if it reaches the tour operator no later than 7 days before the trip. The tour operator may refuse the substitution of the third party if the third party does not meet the contractual travel requirements. If a third party enters the contract, both the traveler and the third party are jointly liable for the travel price and any additional costs incurred. The tour operator may only demand reimbursement for additional costs if they are reasonable and actually incurred. The tour operator must provide proof of the additional costs arising from the entry of the third party. In this case, the aforementioned cancellation fees apply.

4.7 The tour operator recommends the purchase of travel cancellation, trip interruption, travel luggage, travel accident, travel health, and travel liability insurance.


5. Withdrawal and Termination by the Tour Operator

5.1 The tour operator can terminate the travel contract without notice if the guest, despite a warning, persistently disrupts the trip or behaves in such a way that immediate termination of the contract is justified. This does not apply if the non-compliant behavior is due to a violation of the tour operator’s information obligations. If the tour operator terminates the contract, they retain the right to the travel price; however, they must deduct the value of the savings and any benefits gained from the alternative use of the unused service, including amounts received from service providers.

5.2 The tour operator may only withdraw from the contract due to the failure to reach the minimum number of participants in accordance with the following provisions:

  • The minimum number of participants is specified in the travel description, and the deadline by which the traveler must be notified is indicated. The booking confirmation will also state the minimum number of participants and the latest withdrawal deadline.
  • The tour operator must immediately notify the traveler or the group organizer (acting as their representative) if the trip is canceled due to the failure to reach the minimum number of participants. If it is apparent earlier that the minimum number of participants will not be reached, the tour operator must immediately exercise their right to withdraw.
  • If the trip is not carried out due to this reason, the tour operator must refund any payments made by the customer for the travel price without delay, but no later than 14 days after the receipt of the withdrawal notification.

6. Non-utilized Services

If the traveler does not make use of certain travel services that the tour operator was ready and able to provide, for reasons attributable to the traveler, they are not entitled to a partial refund of the travel price, unless such reasons would have entitled the traveler to a free cancellation or termination of the travel contract under legal provisions. The tour operator will make efforts to recover any saved expenses from the service providers. This obligation does not apply if the savings are negligible.


7. Obligations of the Traveler

7.1 If the trip is not provided free of defects, the traveler can request remedy. However, if the traveler fails to report the defects in a timely manner, the traveler generally cannot claim reductions under § 651 m BGB or compensation under § 651 n BGB. The traveler is obliged to immediately notify the tour operator’s representative on-site of any defects. If no representative is available on-site and is not contractually required, the traveler must notify the tour operator of the defects using the provided contact details. The tour operator’s representative is responsible for remedying the issue if possible, but is not authorized to acknowledge claims.

7.2 If the stay is significantly impaired due to a defect as defined in § 651 i (2) BGB, the traveler may terminate the contract in accordance with § 651 l BGB. Termination is only allowed if the traveler has set a reasonable deadline for remedy by the tour operator and this has expired without remedy. No deadline needs to be set if remedy is impossible, refused by the tour operator, or if the cancellation is justified by the traveler’s special interests.

7.3 The tour operator refers to the duty of assistance as stated in § 651 q BGB, under which the traveler must be provided immediate assistance in case of difficulties, as defined in § 651 k (4) BGB, or for other reasons. This assistance includes providing appropriate information on health services, local authorities, and consular support, aiding with remote communication, and helping find alternative travel options. § 651 k (3) BGB remains unaffected.


8. Liability of the Tour Operator

8.1 The contractual liability of socialbnb for damages, excluding bodily harm and damages not caused by intent or gross negligence, is limited to three times the travel price. Claims exceeding this limitation based on international agreements or related legal provisions remain unaffected by this limitation.

8.2 The tour operator is not liable for disruptions in service, personal injury, or property damage related to services that are only intermediated as third-party services. These services are explicitly identified in the travel description and confirmation, along with the identity and address of the third-party contractor, making it clear that they are not part of the package tour and were selected separately by the traveler. The provisions in §§ 651 b, 651 c, 651 w, and 651 y BGB remain unaffected by this.

8.3 However, the tour operator is liable if the damage to the traveler is caused by a breach of the tour operator’s duties to inform, advise, or organize


9. Assertion of Claims, Statute of Limitations, and Information on Consumer Dispute Resolution

9.1 Claims under § 651 i Abs. 3 No. 2 to 7 BGB must be made by the traveler against the tour operator. It is recommended that the claims be asserted in writing on a durable medium.

9.2 Claims become time-barred in accordance with § 651 j BGB after two years. The limitation period begins on the day the trip is scheduled to end according to the contract.

9.3 In accordance with the Consumer Dispute Resolution Act, socialbnb informs the traveler that the tour operator does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for the tour operator after the publication of these terms and conditions, the tour operator will inform the traveler in an appropriate manner. For all travel contracts concluded through electronic legal transactions, the tour operator refers to the European Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/.


10. Passport, Visa, and Health Regulations

The tour operator is responsible for informing the traveler about the general passport, visa, and health regulations of the destination country, including deadlines for obtaining any necessary visas before the contract is concluded, as well as any subsequent changes before the trip. The tour operator is not responsible for the timely issuance and receipt of necessary visas by the respective diplomatic mission if they were entrusted with obtaining them, unless the delay is caused by the tour operator. The traveler is responsible for obtaining and carrying the necessary travel documents and complying with all regulations necessary for the execution of the trip. Any disadvantages, including cancellation costs, arising from non-compliance with these regulations will be borne by the traveler, except in cases where they result from the tour operator's fault due to incorrect or insufficient information.


11. General Provisions

Should any provision of this contract be or become invalid, this will not affect the validity of the remaining provisions. The parties will agree on a new, valid provision that closely reflects the intent and purpose of the original provision.

Tour Operator:

  • socialbnb GmbH
  • Nils Lohmann
  • Co-Founder & CEO
  • Weyertal 109
  • D-50931 Köln
  • Germany
  • +49 151 1260 8767
  • www.socialbnb.org

Information Sheet for the Traveler Regarding a Package Tour pursuant to § 651a of the German Civil Code (BGB)

The combination of travel services offered to you constitutes a package tour within the meaning of Directive (EU) 2015/2302.

Therefore, you can exercise all EU rights applicable to package tours. The company socialbnb GmbH takes full responsibility for the proper execution of the entire package tour. Furthermore, socialbnb GmbH has the legally required protection to ensure the refund of your payments and, if transport is included in the package, to guarantee your repatriation in the event of insolvency.

Key rights under Directive (EU) 2015/2302:

  • Provision of Essential Information: Travelers will receive all essential information about the package tour before concluding the package travel contract.
  • Liability for the Proper Performance: There is always at least one operator liable for the proper performance of all services included in the contract.
  • Emergency Contact Information: Travelers will be provided with an emergency contact number or details of a contact point to reach the tour operator or travel agency.
  • Transfer of the Package Tour: Travelers may transfer the package tour to another person within a reasonable period and, under certain conditions, subject to additional costs.
  • Price Increases: The price of the package tour may only be increased if certain costs (e.g., fuel prices) increase, and if this is explicitly provided for in the contract. In any case, the price increase must be communicated no later than 20 days before the start of the package tour. If the price increase exceeds 8% of the total package price, the traveler may withdraw from the contract. If the tour operator reserves the right to increase the price, the traveler has the right to a price reduction if the relevant costs decrease.
  • Right to Cancel and Full Refund: Travelers may cancel the contract without paying a cancellation fee and will receive a full refund of all payments if any essential component of the package tour (other than the price) is significantly changed. If the responsible operator cancels the package tour before the start, the traveler is entitled to a refund and possibly compensation.
  • Extraordinary Circumstances: Travelers may withdraw from the contract without paying a cancellation fee in case of extraordinary circumstances before the start of the package tour, for example, if serious security issues arise at the destination that are expected to affect the tour.
  • Withdrawal with Reasonable Cancellation Fee: Travelers may withdraw from the contract at any time before the package tour begins by paying a reasonable and proportionate cancellation fee.
  • Non-Performance of Essential Services: If, after the start of the package tour, essential components of the package tour cannot be provided as agreed, the traveler must be offered reasonable alternative arrangements at no additional cost. If services are not provided in accordance with the contract and this significantly affects the delivery of the package, the traveler can cancel the contract (in Germany, this is called "termination") without paying a cancellation fee if the operator fails to remedy the issue.
  • Price Reduction and Compensation: The traveler is entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.
  • Assistance from the Tour Operator: The tour operator must assist the traveler if they encounter difficulties.
  • Insolvency Protection: In the event of the tour operator’s insolvency or – in some member states – the insolvency of the travel intermediary, payments will be refunded. If insolvency occurs after the start of the package tour and transport is part of the package, the return transport will be ensured. socialbnb GmbH has insolvency protection through R+V Allgemeine Versicherung AG (Raiffeisenplatz 1, 6189 Wiesbaden). Travelers may contact this institution or, if applicable, the competent authority if they are denied services due to the insolvency of socialbnb GmbH.

For more information about the implementation of Directive (EU) 2015/2302 into national law, please visit: www.umsetzung-richtlinie-eu2015-2302.de.