General Terms and Conditions
These General Terms and Conditions (“Terms“) contain the basic rules for the use of the Socialbnb Platform.
Nils Lohmann (“Socialbnb“), Vitalisstr. 67, 50827 Köln, operates an online platform under the domain “socialbnb.org” (“Socialbnb Platform“). The aim of the platform is to enable travelers to book available, low-cost accommodation from nonprofit organizations (“NGO“) and at the same time to reduce the dependency of NGOs on donations. Socialbnb wants to provide an authentic and local experience enabling tourists to get to know the local customs and the life in the local communities.
Socialbnb therefore enables travelers looking to book host services (“Users“) to communicate and transact directly with certain NGOs who offer such host services (“Hosts“). Hosts can indirectly or directly publish their services on the Socialbnb Platform (“Listings“). Hosts’ services may include the offering of properties for use (“Accommodations“) and single or multi-day activities in various categories (together “Host Services“). Users are obliged to pay a fee for the Host Services (“Booking Fee“) and the provision of the Services of the Socialbnb Platform.
1 CODE OF CONDUCT
1.1 The principle of the Socialbnb Platform is essentially based on mutual trust between User and Host. For the optimal experience, both the Host who offers Host Services and the User who books these Host Services must be able to trust that they are safe at all times, that the Listings correspond to the statements made and that both sides behave reliably, fairly and respectfully.
1.2 The code of conduct serves as a guideline for the behavior that Socialbnb expects from its Users and Hosts to ensure a pleasant stay for everyone.
1.3 Socialbnb self-evidently presupposes that Users and Hosts comply with applicable law at all times and refrain from any actions that are likely to damage the health, sexually harass, violate the honor, discriminate against (for whatever reason) or disrespect the property, privacy or intellectual property of the other party.
1.4 Socialbnb expects its Hosts to provide all information accurately and up to date, to inform Socialbnb immediately if any changes should occur and to be responsible for a smooth process, meaning responsible communication with Users, a smooth payment process and an easy process at their premises. If the Booking Fees paid by the User are not used for the predefined non-profit goal, Socialbnb reserves the right to exclude the Host from the Socialbnb Platform.
1.5 Hosts shall provide to their guests during the stay at least fresh linen and bedsheets, at least one pillow and towel per guest, soap and toilet paper. These minimum requirements are supplemented by the guidelines for Hosts (“Host Guidelines“), which are available here.
1.6 Socialbnb expects its Users to be respectful towards the Hosts, the NGO and its employees, respect the work of the Host and follow the (house) rules of the Host, be informed about local customs and to respect them at all times, act responsibly and respectfully and follow the rules of the Host with regard to their behavior towards e.g. kids in the educational facility.
1.7 Socialbnb is entitled to exclude Users or Hosts from the use of Socialbnb Platform for noncompliance with the provisions laid down in this Section 1 (“Code of Conduct“).
2 RIGHT TO PARTICIPATE
2.1 Users must be at least 18 years old and able to enter into legally binding contracts to use the Socialbnb Platform. By accessing or using the Socialbnb Platform, the User represents and warrants that she/he is at least 18 years old and has the legal capacity and authority to enter into a contract.
2.2 In order to participate in the Socialbnb Platform, Hosts must prove that they are an official and recognized NGO in their respective country. Socialbnb will verify the nonprofit status of the participating Hosts at its own discretion based on appropriate documentation.
2.3 The requirements to be deemed an NGO are further described in our NGO policy.
3 BOOKING AND PAYMENT PROCEDURE
3.1 Users interested in booking a Host Service must submit a booking request with full and complete information as required by clicking on the “booking request” button placed on the Host’s Listing (“Booking Request“). A Booking Request submitted through the Socialbnb Platform will be forwarded to the respective Host, and the Socialbnb Platform will then check the available capacity. The Booking Request is a legally non-binding request and does not constitute a contractual relationship with rights and obligations between the User and the Host.
3.2 The Hosts shall inform Socialbnb within one (1) business day whether they have the requested capacity and whether they want to confirm the booking (“Capacity Confirmation“). As soon as the User receives the Capacity Confirmation from the Host, the booking is considered reserved for 48 hours (“Reservation Period“). During Reservation Period, the Host may not accept any other Booking Requests for the booking period in question.
3.3 Upon receipt of the Capacity Confirmation, Socialbnb will contact the User and offer to confirm the booking by paying Socialbnb a service fee of 20 percent of the total Booking Fee (“Service Fee“) calculated based on the costs of all Host Services including VAT and other fees, e.g., tourist taxes.
3.4 Payments of the Service Fee can only be made by the provided payment methods. Socialbnb offers its Users the following payment methods:
3.4.1 PayPal. A PayPal link is contained in the Capacity Confirmation, which requests that the User confirm the Booking Request. Payment must be made within the Reservation Period. As soon as Socialbnb has received the payment, the trip is bindingly booked and the contract between User and Host is effective. Socialbnb will confirm the booking by sending a booking confirmation to the User and the Host.
3.4.2 Other Payment Methods. Further payment methods will be made available in the future.
3.5 If the User does not pay the Service Fee within the Reservation Period, he/she will no longer be legally entitled to the Host Services reserved. If a payment of the Service Fee has been received after the expiration of the Reservation Period and if the Host Services can no longer be provided by the Host, the Service Fee will be refunded to the User by Socialbnb within 14 days.
3.6 The Service Fees result from the successful brokerage of the booked Host Services and are owed irrespective of any later cancellation of the booking. In case of cancellation, the Service Fees will not be refunded by Socialbnb .
3.7 Socialbnb is not involved in the payment procedure regarding the Booking Fee between the User and the Host. The specific payment modalities for the respective Host Services result exclusively from the Listings of the Hosts and are subject to a separate agreement between the User and the Host.
4 RELATIONSHIP BETWEEN SOCIALBNB AND USER
4.1 Socialbnb’s relationship with the User is limited to Socialbnb forwarding booking requests between the Hosts and the Users and receiving a Service Fee from the User in return. The details regarding the booking and payment procedure are set forth in Section 3.
4.2 As an intermediary of the User, Socialbnb is not a party to the contract between the User and the Host for the provision of Host Services and is neither responsible nor liable to the User for the performance of the Host Services.
4.3 Apart from the intermediary activity referred to in Section 4.1, Socialbnb does not provide to the User any services other than providing the information in the Listings about Host Services on the Socialbnb Platform. In particular, Socialbnb does not own, create, sell, resell, provide, control, manage, offer, deliver or supply any Listings or Host Services, nor is Socialbnb an organizer or retailer of travel packages under Directive (EU) 2015/2302.
5 RELATIONSHIP BETWEEN SOCIALBNB AND HOSTS
5.1 Socialbnb’s relationship with the Hosts is limited to publishing the Host Listings and Host Services and forwarding booking requests between the Hosts and the Users. This intermediary activity is free of charge for the Hosts.
5.2 Apart from the foregoing, the relationship between Hosts and Socialbnb is limited solely to the services provided on the Socialbnb Platform as specified under Section 8. In particular, the Hosts are not employees, agents or partners of Socialbnb but act exclusively on their own behalf and their own benefit as independent third-party contractors.
6 RELATIONSHIP BETWEEN USER AND HOSTS
6.1 Socialbnb has no control over and does not warrant the existence, quality, safety, suitability or legality of any Listings or Host Services and the truth or accuracy of any Listing descriptions. Both Users and Hosts should always exercise due care before booking Accommodations or Host activities, accepting a booking request from users or communicating with each other.
6.2 When Users and Hosts make or accept a booking they enter into a contract directly with each other. Socialbnb is not and does not become a party to or other participants in any contractual relationship between the User and the Host; neither is Socialbnb a real estate broker or insurer; nor does Socialbnb have any control over the terms and conditions of such agreement.
7 RIGHTS AND OBLIGATIONS FOR USERS
7.1 Socialbnb may, at its sole discretion, enable User to access and view Host Content and any content that Socialbnb itself makes available on or through the Socialbnb Platform, including proprietary Socialbnb content and any content licensed or authorized for use by or through Socialbnb from a third party.
8 RIGHTS AND OBLIGATIONS FOR HOSTS
8.1 Hosts alone are responsible for their Listings and Host Services. Hosts warrant that they give and hold up-to-date, complete and accurate information when publishing their Listings (e.g., accurate description, location, availability, etc.) or making such content available to Socialbnb.
8.2 Hosts must comply with the minimum requirements set out in Section 1.5 of the Code of Conduct and the Host Guidelines, which are available here and will also be made available to them as an attachment with each booking request.
8.3 Socialbnb may, at its sole discretion, enable Hosts to create, upload, post, send, receive and store content, such as text, photos, audio, video or other materials and information in relation to their Listings and Host Services on or through the Socialbnb Platform (“Host Content“).
8.4 By creating, uploading, posting, sending, receiving, storing or otherwise making available any Host Content on or through the Socialbnb Platform or making such content available to Socialbnb, Host grants to Socialbnb a nonexclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the cooperation), sub-licensable and transferable right to use such Host Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast and otherwise exploit in any manner such Host Content to provide and/or promote the Socialbnb Platform, in any media or platform. Socialbnb does not claim any ownership rights in any Host Content, unless otherwise specifically agreed between Host and Socialbnb. Nothing in these Terms will be deemed to restrict any rights that Host may have to use or exploit Host Content.
8.5 Hosts alone are responsible for identifying and obtaining any required licenses, permits or registrations for any Host Services they offer. Hosts warrant that they do not breach any contractual agreements they have with third parties by providing Host Services or enabling Users to use the Host Services and that they comply with all applicable laws.
8.6 Hosts acknowledge that Socialbnb is not responsible for ensuring the continued availability of the Socialbnb Platform and that Hosts cannot make claims against Socialbnb with respect to the availability of the Socialbnb Platform.
9 REVIEWS AND RATINGS
9.1 Socialbnb may at in its own discretion provide the service of reviews and ratings.
9.2 Following the completion of an Accommodation and Hosting Services booked with the Host, User and Host can submit reviews in a specific review area and rate each other. The reviews and ratings merely reflect the opinion of the User or Host. They do not reflect the opinion of Socialbnb at any time and are not verified by Socialbnb.
9.3 Reviews must be accurate, truthful and appropriate and should not contain abusive language. It is prohibited for Users and Hosts to manipulate the reviews and ratings in any way.
9.4 Socialbnb reserves the right to delete reviews at its discretion at any time.
Cancellations of booked Host Services are governed solely by the Host’s cancellation policy. The Host is obliged to inform Socialbnb immediately about the cancellation.
11.1 Socialbnb has no control over and does not warrant the existence, quality, safety, suitability or legality of any Listings or Host Services and the truth or accuracy of any Listing descriptions. Both Users and Hosts should always exercise due care before booking Accommodations or Host Services, accepting a booking request from users or communicating with each other.
11.2 Socialbnb is liable for damages—for whatever legal reason—in the case of own intent and gross negligence. In case of simple negligence, Socialbnb is only liable (i) for damages resulting from injury to life, body or health, and (ii) for damages resulting from the violation of an essential contractual obligation the fulfilment of which is essential for the proper performance of the Terms and on the observance of which the user regularly relies and may rely. In this case, however, Socialbnb’s liability is limited to compensation for the foreseeable, typically occurring damage. Regulations of the product liability law remain unaffected.
11.3 The above limitations of liability apply accordingly to the legal representatives, directors and vicarious agents of Socialbnb.
12 DATA PROTECTION
13 CHOICE OF LAW
These Terms are governed by and shall be interpreted and construed in accordance with the laws of the Federal Republic of Germany, excluding principles of conflict of laws. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.
14.1 Terms and Conditions of Users or hosts that deviate from these Terms shall not apply if they have not been confirmed in writing by Socialbnb.
14.2 Socialbnb is entitled to modify these Terms at its sole discretion at any time in accordance with this provision. In case of a modification of the Terms, Socialbnb will provide the User and the Hosts with the updated Terms on its website or by email notification at least thirty (30) days before the updated Terms become effective. If User or Hosts do not agree with the updated Terms they can terminate the Terms with immediate effect. If the Terms are not terminated within a period of thirty (30) days after information or notification, the updated terms become effective and the continued use of the Socialbnb Platform shall be deemed as an acceptance of the updated Terms.