General Terms and Conditions of BroBnB MARVEL MEDIA 1. Description of Services
(1) These Terms and Conditions apply between us, BroBnB.net and our customers for all orders, contracts, deliveries, services and other services.
(2) Brobnb is an online platform that allows registered users (hereinafter referred to as members) to communicate, make bookings and conduct transactions with other users who offer accommodations of all kinds for temporary rental through the platform (hereinafter referred to as hosts). Hosts may place advertisements on the Brobnb website advertising the accommodations they offer (hereinafter referred to as Advertisements).(2) Hosts are solely responsible for the content and accuracy of the Advertisements placed. Brobnb is neither the seller, owner, lessor or provider of the accommodation shown in the advertisements.
(3) The advertisements are created and managed solely by the hosts. Brobnb does not control the accuracy, completeness or legality of the listings. If bookings are made through Brobnb, or if a member accepts such a booking, a contract is concluded exclusively between the members involved. Brobnb is not involved in this contractual relationship on any side.
(4) If hosts use links to third party services in their advertisements, the content, offers or services etc. presented there are also the sole responsibility of the third party providers. Brobnb does not guarantee the accuracy or legality of these third-party services.
(5) Hosts act exclusively in their own name and for their own account and not in the name or for the account of Brobnb.
(6) The placement of advertisements may be refused by Brobnb if the capacity of the website is insufficient. Brobnb cannot guarantee the uninterrupted availability of the Brobnb Website or individual Advertisements.
2. Eligibility, Use of the Brobnb Platform, Verification of Members
(1) By registering on the Brobnb Website, you declare that you are at least 18 years of age and have full legal capacity.
(2) Brobnb is entitled to obtain copies of identification documents or other identifying documents for the purpose of identifying its Members. However, Brobnb is not obligated to verify the identity of its members and does not guarantee that the information provided by members regarding their identity is true.
4. Registration with Brobnb
(1) In order to obtain unrestricted access to the usage options of the Brobnb website, a Member account must be created.
(2) The information provided during registration must be true and current. Each member is obliged to keep his or her data up to date at all times.
(3) Members undertake to keep their registration data safe so that unauthorized use by third parties is excluded. Passing on usage data to third parties is prohibited. Likewise, members are not entitled to allow third parties to use their account without the consent of Brobnb. Brobnb is not liable for any damage caused by unauthorized use. If a member has reason to believe that their login information has been stolen, lost or otherwise compromised, they are obligated to notify Brobnb immediately.
Members may only upload or post photos, text or other content on the Brobnb website to which they have sole rights. Offensive or immoral content may not be used. If a member uploads content to the Brobnb website that does not comply with the above, the member who uploaded the content to the website shall be solely liable.
7. advertising conditions
(1) Hosts are obliged to provide truthful information about the facilities, quality and location of the accommodation they offer in all advertisements posted on the Brobnb website.
(2) Hosts must ensure that their advertisement shows the respective final price to be paid by the booking member, including any applicable taxes, cleaning fees, seasonal surcharge, etc.
(3) After a booking by a member, the host may not charge the member a higher price than the one displayed to the booking member at the time of the booking.
(1) The acceptance of a booking by a host creates a legally binding contract between the host and the booking member. The host is obliged to provide the booking member with the accommodation as shown in the advertisement.
(2) For cancellations, resignations or other refunds, only the regulations set out in the advertisement on which the booking is based apply. If an advertisement does not contain any regulation on certain points, the legal regulation shall take its place.9. Damage to accommodation(1) Every guest is liable for the damage caused by him during his stay to the accommodation, to furniture or other objects found in the accommodation. Upon departure, the accommodation must be returned to the same condition as the guest found it upon arrival. The guest is also liable for any damage caused by a third person whom the guest has willingly invited into the accommodation or to whom the guest has otherwise given access to the accommodation. Excluded from this are the host and other persons who have gained access to the accommodation through the host. (2) Brobnb shall not be liable for any damage caused by guests or other persons who have gained access to the accommodation through a guest in an attributable manner to the accommodation or to any furniture, fixtures, etc. found there, nor for any damage caused to a guest through the use of the accommodation.
(1) Hosts are responsible for determining for themselves whether and, if so, in what amount they are obliged to pay taxes or other charges for the provision of their accommodation.
(2) Brobnb is not responsible for ensuring that Members properly pay any taxes or fees that may be due as a result of the use or rental of accommodation.
11. Term and Termination, Suspension and Other Actions
(1) This User Agreement is for a term of 30 days, after which time it will be automatically renewed for an additional 30 days unless terminated by the Member in accordance with the terms set forth herein.
(2) The User Agreement may be terminated at any time upon 30 days' notice by email to Brobnb. If a Member terminates his or her contract with Brobnb and, as a host, still has accommodations available for a period of time after the effective date of the termination, or if the Member has booked accommodations as a guest for a period of time after the effective date of the termination, such bookings will be automatically cancelled by Brobnb and any payments already made will be refunded.
(3) Brobnb may terminate a Member for cause if the Member materially violates the provisions set forth herein. Furthermore, Brobnb reserves the right to block a member's account without prior notice if Brobnb determines a violation of the rules set forth herein.
(1) German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Consumers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.
(3) Duty to inform according to the Consumer Dispute Resolution Act (§36 VSBG): BroBnB is neither willing nor obligated to participate in further dispute resolution proceedings before a consumer arbitration board.
(4) In the event of disputes arising from or in connection with the contract of use concluded with Brobnb, each member undertakes to first reach an out-of-court settlement with Brobnb before resorting to court.