Terms and conditions of use (T&Cs) for the Use of the Click-inn Platform
(1) Click-inn GmbH, Mariendorfer Damm 81, 12109 Berlin, Germany (“Click-inn.com”) operates an internet and marketing platform for overnight stay accommodations, vacation rentals, particularly holiday apartments and holiday homes, under different domains and as an app (“Platform”).
(2) On the Platform, offers of holiday apartments, holiday houses and other overnight travel accommodations of third parties (“Offers”), which cooperate with Click-inn (“Provider”), are displayed. Click-inn acts as an intermediary. No package travel or related services are brokered.
(3) Via the Platform, end users can search for Offers (“Users”) and inquire or book either after being forwarded to the website of the respective Provider or directly on the Platform.
(4) The use of the Platform is exclusively subject to these T&Cs in the version applicable at the time the Platform is accessed.
(5) The use of the Platform is only permitted for private use. The Platform may not be used for false or fraudulent purposes.
(6) Click-inn reserves the right to exclude Users from using the Platform in certain cases, especially if the User
– contravenes sec. (5) above;
– accesses the Platform by using a manual or automated process that exceeds the purpose of personal use or the inclusion of Click-inn into a search index;
– uses automated systems or a software to extract data from the Platform (so called screen scraping), either for commercial or non-commercial purposes;
– circumvents existing restrictions in robot-exclusion-headers or in other measures that restrict or prevent the access to the Platform;
– uses a device, software or program that affects or tries to affect the regular functionality of the Platform, or
– carries out an act that inappropriately strains Click-inn’s servers, computer or network.
2. Click-inn‘s Services
(1) Click-inn is a technical service provider and enables its Users to search for Offers that can either be booked after a redirection to the Provider’s page or directly on the Platform. Click-inn does not publish own offers or rent out Offers.
(2) Click-inn offers the possibility for Users to search purposefully for Offers published by Providers on the Platform. After a search, Click-inn (i) redirects Users to the Provider’s website and enables the User to get directly into contact with the respective Provider, or (ii) offers a possibility for Users to directly book or inquire a specific Offer on the Platform (“Direct Booking”). In both cases (i and ii), Click-inn is not the provider of the presented Offers. In particular the use of the Platform does not give rise to a travel contract or a similar type of contract pursuant to §§ 651a et. seq. German Civil Code (BGB). Click-inn only acts as a search service or as an intermediary for Direct Bookings.
(3) The use of the Platform is free of charge, unless otherwise indicated. For individual Offers that are advertised through Click-inn’s Direct Booking, a service fee may be charged for arranging the secure Direct Booking via an integrated payment service provider, which is then clearly listed.
(4) The appearance and sort order of Offers on the Platform’s search results pages is based on a dynamic, self-learning algorithm and may vary based on a number of different factors. One of these factors is the particular combination of search criteria entered by each User on the Platform. Those criteria may include such variables as destination, price, number of guests, type of accommodation, specific property attributes and amenities. Additionally, Click-inn receives a compensation from the Providers. This compensation is another factor that affects the appearance and sort order of search results. Providers who do not pay Click-inn are not listed. The sort order of Offers may further be influenced by user-selected sort preferences (i.e., popularity, value, guest ratings), 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, the number of displayed search results may be limited if it exceeds a purposive maximum.
(5) Providers make their Offers available on the basis of cooperation and license agreements, which entitle Click-inn to use and distribute the respective content, prices and availability in its entire distribution network in order to advertise the Offers.
(6) Click-inn is entitled to provide services by third parties.
(7) Click-inn may deactivate or restrict access to the Platform, if necessary, for maintenance work or other purposes. Users have no claim to uninterrupted availability of the Platform.
3. Contractual Relations and Settlement
(1) Booking or rental contracts of Offers are solely concluded between the respective Provider, respectively property owner, and the User. Click-inn remains unaffected from any contractual regulation, agreement or claim existing between the User and the Provider. Bookings/inquiries or rentals shall be governed by the terms and conditions of the Provider (and in individual cases plus the respective property owner’s terms, if the Provider does not rent the accommodation directly), particularly with regard to the right of cancellation and withdrawal. The User therefore enters into one (or more) additional terms and conditions before a Direct Booking. The User is obliged to read and accept these additional terms and conditions and is bound by them.
(2) In case of redirections, the Provider remains the sole point of contact for booking and payment processes, as well as any questions relating to the rental contract, as Click-inn is not able to provide any information on these matters.
(3) Solely in case of Direct Bookings via an integrated payment service provider set out below, Click-inn may be contacted for booking and payment processes, as well as disputes arising from such Direct Bookings. For the avoidance of doubt, also for Direct Bookings the rental contract remains between the Provider, respectively property owner, and the User, while Click-inn acting as intermediary may support the User in managing transactions, refunds, cancellations, and disputes with first line customer support only in cases of transactions via the integrated payment service provider. In all other cases of Direct Bookings disputes need to be settled with the Provider, as Click-inn does not facilitate payment processes through the aforementioned payment service provider and hence is not able to manage any refunds, cancellations or other potential transactions.
(4) The contractual setup also applies for Direct Bookings via the Platform when Click-inn captures the User’s data and information for the purpose of mediating a Direct Booking to the Provider. The respective User and Click-inn only enter into a mediation contract through which the statements and necessary information of the User are passed on to the Provider. As far as stated, a non-refundable service fee will be charged by Click-inn for these services. The service fee varies and will be indicated at the time of booking. If a different currency or a specific payment method is used, the total amount may be amended based on currency exchange rates and/or bank fees.
(5) Payments made via indicated payment methods (such as credit card, invoice, bank transfer) within the framework of Direct Bookings will be settled in individual cases via a so-called PCI-compliant payment service provider. The payment service provider thereby receives the payment from Users for the Provider on a separate account of the Provider and pays the Provider the corresponding amount. Payments facilitated that way are processed for and on behalf of the Provider and settle the amount due for the Direct Booking.
(1) The prices indicated in the Offers are set by the Providers and updated at least once daily.
(2) Prices shall be deemed total prices for the respective Offer. Prices are displayed per night by default, where applicable, plus any selected/booked extra services or binding variable incidental costs payable online or on site. Users may change the settings and see prices per stay for a chosen time frame. The Provider is solely responsible for the correct and complete display of prices. Click-inn uses best effort to gather all costs and to display complete prices. However, when redirected to the Provider’s website, further costs may be indicated which do not occur on the Platform itself.
(3) Click-inn does not guarantee the accuracy of displayed prices or other information. After a redirection, Users are responsible to check the details on the Provider’s website before booking.
(4) In case a service fee is charged for Direct Bookings via the payment service provider set out above, the exact amount (and if applicable, any VAT included) is displayed to Users at the time of booking.
5. User accounts
(1) For some services or functionalities offered on the Platform, setting up a user account is required.
(2) A user account can be set up with the personal email address (also via Google) or the personal profile of a social network (e.g., Facebook). A user account is also created when a User subscribes to newsletters or when an Offer is inquired or booked via Direct Booking.
(4) The User has to take care of the accuracy and completeness of the given information on his/her person. The User is responsible to both Click-inn and third parties for the use of his/her user account. Therefore, the User is obliged to keep his/her user account data confidential and may not give it to third parties. The User is obliged to inform Click-inn of any (suspicion of) unauthorized use of his/her user account.
(5) The user account can be accessed from any device. The user receives a personal login link via email or can use the personal profile of a social network used for the registration to log in.
(6) Click-inn reserves the right to temporarily block user accounts, to irrevocably delete them, or to take other necessary measures if the user violates applicable laws, these T&Cs or other applicable contractual terms.
(7) The deletion of a user account can be initiated by an email to info@Click-inn.com
(1) Click-inn gives the highest priority to protecting personal data provided by Users.
(3) In the context of Direct Booking, the necessary data of Users are passed on to the respective Provider, whereby Click-inn and the Provider are independently responsible for the data processing within the framework of the individual contractual relationship.
(1) The Providers are responsible for the Offers they integrated and linked on the Platform and for any declarations associated with them. Click-inn does not take over responsibility for the accuracy of the information made available by the Providers or for the fact that information is up to date. Therefore, Click-inn is not liable for the accuracy, quality, completeness, reliability or credibility of the Provider’s content. In particular, this applies to pictures in the Offers and/or ratings of Users.
(2) Click-inn is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act. In addition, Click-inn is liable for each negligent breach of a fundamental contractual obligation, that means 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.
(3) As far as Click-inn’s liability is excluded or limited pursuant to sec. (2), this also applies to the personal liability of its employees, representatives and agents.
(4) As Click-inn is not the contracting party for the Direct Booking, the User shall primarily contact the respective Provider for cancellations (revocation or withdrawal). Click-inn may use best efforts to assist the User with cancellations acting as intermediary. However, Click-inn is not responsible for the availability of the Offer, the successful delivery and the satisfactory performance of booked Offers. Any claims need to be brought against the relevant Provider.
(5) If user-generated content or posts by third parties are displayed on the Platform, Click-inn does not appropriate them (i.e. adopt them as its own).
(6) Liability for force majeure is excluded.
8. Changes to theT&Cs
(1) Click-inn retains the right to make changes to the T&Cs with appropriate notice.
(2) When the User does not object to changes within six weeks from the announcement date, the amended T&Cs shall be deemed accepted by the User. Users shall be reminded of this within the announcement of changes.
9. Final Conditions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG). Unless the protection of consumers is withdrawn by mandatory provisions of the law of the state in which the consumer has his/her habitual residence, the applicable law shall only apply to the extent that it is legally binding.
(2) Should one of these terms and conditions become invalid in whole or in part, or contradict legal stipulations, this does not affect the validity of the remainder of the contract.
(3) The European Commission provides a platform for online dispute resolution, available under the following link: ec.europa.eu/consumers/odr/; Click-inn does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.
(4) Even if services including these T&Cs are offered and outlined in English, in any case of any deviation between the English and the German version, the German language version will prevail.