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Terms and conditions

Dear 9flats user,
We know that General Terms and Conditions of Business are long and often seen as not being so interesting. All the same, it’s really important that you read them carefully. The general terms and conditions of business firstly describe specifically the contractual relationship that exists between you and 9flats (i.e. the respective rights and obligations of you and 9flats) and secondly the fundamental rights that relate to the relationship between the guest and host.
 
General Terms and Conditions of Business for the usage of the 9flats.com platform

1 Scope of validity, change in the conditions of use

1.1 The following General Terms and Conditions of Business apply for the business relationships between the user of the online platform 9flats and 9 Flats GmbH, Lerchenstraße 16a, 22767 Hamburg, represented by its managing director Stephan Uhrenbacher (hereinafter referred to as “9flats”).

1.2 General Terms and Conditions of Business or contractual conditions of the user that contradict or deviate from these General Terms and Conditions of Business are not recognised by 9flats unless their validity is explicitly agreed to in writing. These General Terms and Conditions of Business also apply if 9flats carries out the service towards the user without reservation in knowledge of contradictory or deviating conditions of the user.
 
1.3 On request, 9flats will offer the users particular additional services. Special conditions apply for this and reference is made to these within these General Terms and Conditions of Business.

2 Registration, entry into force of the usage agreement, obligations with regard to the user account

2.1 As a fundamental principle, any private individual or legal entity can use the offering of 9flats. However, this person must register on the online platform of 9flats and the user account must be held by a private individual of full age, or by a person entitled to represent that person.
 
2.2 With the complete registration (surname, first name, e-mail address, and password) in addition to the consent to these General Terms and Conditions of Business and the data protection conditions, the user account (referred to as a member account on the website) is set up and there is an agreement between the user and 9flats for the usage of the online platform. If the user does not accept the General Terms and Conditions of Business and/or the data protection conditions, the usage agreement does not enter into force.
 
2.3 The user undertakes to provide truthful, current and complete information during registration.
 
2.4 The user undertakes to keep the data up-to-date and correct at all times.
 
2.5 The user undertakes not to disclose the password selected by him.
 
2.6 The user undertakes to inform 9flats immediately if there is reason to suspect unauthorised usage of his/her user account.
 
2.7 The registration for usage of the online platform is currently free of charge for the users.

3 General services of 9flats
(Functions of the platform, entry into force of contracts between the users, payment modalities)

3.1 9flats offers an online platform to registered users. On this platform, a user can also offer firstly other users the usage of apartments, room or another kind of accommodation (hereinafter referred to as: accommodation) for a fee. Secondly, a user can also look for suitable accommodation on this online platform and place a booking query via the online platform. 9flats therefore provides the users with a marketplace on which guest and host can find each other.
 
3.2 The provider of accommodation is hereinafter referred to as the host; the person searching for accommodation is referred to as the guest. The term “user” also applies to the host and the guest.
 
3.3 Explicit reference is made to the fact that 9flats does not offer any accommodation and is not a contracting partner to the contracts concluded solely between the users (guest and host). Within the framework of contract negotiations between guest and host, 9flats does not submit any declarations of will.
 
3.4 9flats undertakes to provide services in a reliable and straightforward manner pursuant to Clause 8 (and/or 9) of this contract; 9flats acquires the claim to the accommodation price directly after it is incurred from the host and files this claim in its own name and for its own account towards the guest (cf. Clause 8).
 
3.5 9flats offers each user the option of using the online platform both as a host and as a guest.
 
3.6 9flats offers users the technical possibility of publishing content in word and images on the website themselves (descriptions of accommodation, ratings, etc., cf. Clause 3.13 and 4.1).
 
3.7 9flats communicates binding booking enquiries via the online platform from guests to the hosts.
 
3.8 9flats communicates the acceptance of a binding booking enquiry from the host to the guest; the guest and host have thus concluded a valid contract with one another regarding the usage of the accommodation. In this case, 9flats sends an e-mail to host and guest in which the information provided by the contracting partners such as type of accommodation, usage duration and the prices are listed once again. It is only in this mail that the further contact data stored on the online platform by the contracting partners are exchanged between host and guest.
 
3.9 9flats offers some hosts the option of having direct bookings made by the guests. In this case, the booking of the accommodation is already legally binding with the receipt of the binding booking enquiry by the host. Direct bookings are to be clearly marked as such.
 
Clause 3.9, (other) personal data are only exchanged between guest and host of 9flats with a binding booking between these parties.
 
3.10 9flats offers the users the option of creating a comprehensive personal profile. This, however, is not necessary. The online platform can be used solely under one first name in the public area. Pursuant to
 
3.11 In addition, 9flats offers the user a “credit account” which can be topped up with “credits” by certain activities such as the registration of suggested friends, the writing of a first rating for an accommodation or similar. These credits cannot be paid out, but they can be used for platform-internal payments with a booking via 9flats. The precise conditions how and for what value the credit account can be topped up, which are part of these General Terms and Conditions of Business, can be found here .
 
3.12 In addition, 9flats offers the users within the online platform a messaging system with which the users can communicate with one another for instance in order to clarify any uncertainties in the run-up to booking queries, without having to already exchange the real contact data.
 
3.13 9flats also offers the users on the online platform a rating system with which the users can rate each other. The provisions for the usage of this rating system are stated under Clauses 11 and 12.
 
3.14 9flats.com offers hosts and guests insurance. The 9flats.com insurance refers to the obligation pursuant to certain conditions to provide compensation for damage to the inventory of the rented accommodation. Detailed information can be found here.
 
3.15 The services of 9flats will be offered to the users subject to particular conditions. 9flats will make every effort to ensure that the services are accessible at all times. The usage options can be restricted or interrupted temporarily through maintenance work, further development or disruptions. 9flats will announce disruptions of the aforementioned kind to the users in a timely manner wherever possible.

4 4 Special services provided to the host by 9flats
(listing of accommodation, cancellation policies, processing transactions, optional insurance cover)

4.1 9flats offers hosts the opportunity to enter their accommodation on the online platform with a description, photos, price(s), availability calendar and a personal user profile (accommodation profile).
 
4.2 9flats offers hosts the option of entering the accommodation at different prices (currently called “General price” or “Seasonal price”) for certain periods and to indicate and charge additional fees such as, for instance, cleaning charges, fees for the use of a washing machine, etc.
 
4.3 9flats offers the host the option of defining conditions of cancellation for his or her guests. The various conditions of cancellation are found here. If the host selects a condition of cancellation, this becomes a binding part of the agreement between the host and the guest. For the rest, the agreement between the guest and host can only be rescinded if both parties agree to this rescission and the approval is declared at least in text form by compliant e-mails.
 
4.4 The listing of accommodation by the host does not constitute a legally binding offer. It merely gives the guest the opportunity to make a legally binding offer. A contract comes into effect only after an offer has been accepted by the host. This also applies to instant bookings.
 
All booking enquiries (binding offers) made by the guest shall be forwarded to the host by 9flats. However, booking enquiries will be automatically deleted from the host’s system in the event another host accepts a guest’s booking enquiry beforehand. Once a host accepts a guest’s booking enquiry, all other booking enquiries are deemed invalid.

5 Special services of 9flats towards the guests (Search function, handling, complaint option)

5.1 9flats offers guests an online platform in the form of a market place for searching possible accommodation.
 
5.2 9flats offers the guests the option of placing up to three parallel booking enquiries for three different accommodation options for a particular period of time using the online platform. As soon as the booking enquiry is accepted by a host, the guest has concluded a valid contract with the latter; the further booking enquiries are forwarded automatically by 9flats immediately and marked as declined so that multiple bookings are excluded.
 
5.3 At its own discretion, 9flats has the option of issuing vouchers in favor of the hosts within the framework of special promotions. 9flats is not obligated to do this; the guest does not have any claim to any kind of special promotions.
5.3.1 At the discretion of 9flats, these vouchers have a discount for a certain amount or a discount for a percentage share of an accommodation price.
5.3.2 In the event of a special promotion, the guest shall receive a voucher in which the corresponding discount is indicated and which contains a so-called voucher code. The guest must indicate this voucher code to redeem the discount when booking.
 
5.4 9flats also offers the option of contacting 9flats with a complaint if there are any problems with the accommodation and/or the host within at the latest 24 hours after the check-in. The complaint must be made at least in text form (e-mail). In this compliant, the guest must specifically indicate the grounds for his or her complaint. In this case, 9flats will attempt to bring about an amicable solution. An amicable solution is deemed to have been reached when the accommodation parties (host and guest) have submitted two compliant declarations of will to this effect from which it is clearly discernible that both parties are in agreement with the formulated solution; the compliant declarations of will must at least have been submitted in text form (e-mail). The further procedure is based on Clause 9.2.

6 Services and other obligations of the host

6.1 The host undertakes to handle the payment pursuant to Clauses 8 and 9.
 
6.2 With regard to his or her contact details, including the data for payment handling, the host undertakes to make truthful and correct statements.
 
6.3 The host undertakes to describe the offering in his or her respective accommodation in word and if applicable in pictures correctly and completely in order to give the guest a true impression of the accommodation and to make it possible for the guest to assess the offering himself/herself. The offering includes all properties of the accommodation that are of fundamental importance for the guest’s decision, in particular also defects or other disadvantages in the accommodation that have a considerable negative effect on the value of the accommodation.
 
6.4 The host undertakes to indicate the complete price of the respective offering including any sales tax incurred and other price components (such as e.g. cleaning fees) on the accommodation profile. In doing so, however, the host undertakes to indicate the other price components such as cleaning fees etc. separately.
 
6.5 The host undertakes to offer the guest one of the cancellation options. The various conditions of cancellation can be viewed here. The conditions of cancellation become part of the contract concluded between the host and guest.
 
6.6 The host undertakes to state on the accommodation profile if any rooms and/or items in the accommodation are not included in a right of usage and/or what other rules of conduct are to be part of the contract (“house rules”).
 
6.7 The host undertakes to accept or decline binding booking enquiries from guests within 24 hours.
 
6.8 In the case of a direct booking being offered, the host undertakes to recognise the direct binding nature of this and the resulting direct conclusion of a contract. The host is not obligated to offer direct booking options.
 
6.9 The host undertakes not to charge the guest any other fees, commissions or other payments beyond those indicated on the accommodation profile.
 
6.10 The host undertakes to issue the guest with an orderly invoice.
 
6.11 The host undertakes to convince himself/herself of the identity of his/her contracting partner as necessary. 9flats can carry out a review of the data stored during registration only to a very limited extent as the identification of persons in the Internet is only possible to a very restricted extent. Consequently, despite all efforts to the contrary, it is impossible to exclude that false data have been stored for a user account.

7 Services and other obligations of the guest

7.1 The guest undertakes to handle the payment pursuant to Clauses 8 and 9.
 
7.2 With regard to his or her contact details, including the data for payment handling, the guest undertakes to make truthful and correct statements.
 
7.3 The guest undertakes to recognise the conditions of cancellation offered by the host as part of the agreement between the host and guest. For the rest, the agreement between the guest and host can only be rescinded if both parties agree to this rescission and the approval is declared at least in text form by compliant e-mails.
 
7.4 The guest undertakes to recognise the “house rules” pursuant to Clause 6.6 as part of the contractual conditions between the host and guest.
 
7.5 The guest undertakes to convince himself/herself of the identity of his/her contracting partner if necessary. 9flats can only carry out a review of the data stored during registration to a very limited extent as the identification of persons in the Internet is only possible to a limited extent. Despite every efforts to the contrary, it is therefore not possible to exclude that false data have been stored for a user account.

8 Payment handling (remuneration, purchase of accounts receivable, payment flow)

8.1 With the acceptance of the binding booking enquiry or in the event of a direct booking with the receipt of the booking by the host, an effective contract comes into force between the host and guest regarding the host’s obligation to make an accommodation available for the guest’s use for a certain period of time and the guest’s obligation to pay a certain fee to the host for this. The remuneration to be paid results from the price agreed between the host and guest for the usage of the accommodation (accommodation price), and any other remuneration agreed such as cleaning fees or fees for washing machines, which is visible in the accommodation profile.
 
8.2 With the entry into force of the binding contract, the host is entitled to demand the accommodation price from the guest (receivable); the receivable becomes due immediately.
 
8.3 Host and 9flats are in agreement that the host sells the receivable created pursuant to 8.1 and 8.2 directly
after it has been created to 9flats and transfers it to the latter by assignment.
8.3.1 9flats undertakes to pay to the host as the purchase price for the receivable the amount of the accommodation price minus a commission (receivable price). The commission is normally 15% of the accommodation price; 9flats, however, reserves the right to change this commission at times in favor of the host as part of special promotions and discounts. The host will be informed about possible aforementioned discounts and special promotions on the online platform via the user account and where necessary, also informed by e-mail.
8.3.2 The parties are in agreement that the price of the claim will not become due until 24 hours after the guest has checked into the accommodation.
 
8.4 The guest undertakes to pay the due receivable towards 9flats immediately or to make it possible for 9flats to collect the receivable.
 
8.5 9flats shall collect the receivable in its own name and for its own account.
 
8.6 9flats shall bear the risk of it not being possible to collect the receivable from the guest. In cases of doubt, 9flats must enforce the claim from the guest (in court).
 
8.7 If, however, it is recognised in the court proceedings between 9flats and the guest that the assigned receivable (accommodation price) did not exist with regard to its merits or amount, 9flats can also claim the difference between the original amount of the receivable and the amount of the receivable recognised in court from the host as damages, as well as the court and lawyer costs necessary to gain the right in this case. Ultimately, it is the responsibility of the host to ensure that the assigned receivable exists in the scope envisaged pursuant to the original contract for the purchase of receivables pursuant to Clause 8.3.
 
8.8 The host undertakes to provide 9flats in the event that it is necessary to enforce the claim in court towards the guest in a truthful and complete manner with all the information that is required to enforce the claim in court. 9flats reserves the right to involve the host in the legal proceedings within the possibilities of the Code of Civil Procedure.
 
8.9 In the event of a non-payment or recall of a direct debit, the user (guest or host) irrevocably gives permission to the bank to release their full name and address at the request of 9 Flats GmbH.

9 Payment handling in the event of cancellation and complaint

9.1 In the event of a cancellation, the guest and host have rescinded the agreement regarding the accommodation. As a fundamental principle, a cancellation is only possible for the guest pursuant to the conditions of cancellation. Depending on the cancellation agreement reached beforehand, this means that the host’s claim to payment of the accommodation price has expired in part or in its entirety.
9.1.1 The guest can also file this objection towards 9flats as the new creditor of the receivable. 9flats is consequently obligated to reimburse the guest for the corresponding cancellation amount pursuant to the cancellation conditions agreed between the guest and host.
9.1.2 As a consequence of the cancellation, the receivable assigned to 9flats no longer exists in the scope that was assumed according to the original contract to purchase the receivable pursuant to Clause 8.3. Accordingly, the receivable price is automatically reduced by the amount by which the accommodation price to be paid is reduced by the cancellation. At the same time, the receivable price is increased by 15% of the commission to be originally deducted from the accommodation price as in the event of a cancellation the guest has to pay pursuant to the cancellation fees a service charge pursuant to
9.1.3 Pursuant to the cancellation conditions, a commission of 15% of the originally agreed accommodation price is charged for any form of cancellation and this must be paid by the guest, unless the host exceptionally declares a cancellation with which the guest is in agreement (rescission agreement through compliant e-mails); in this case, the host must pay the commission of 15%.
 
9.2 If the guest should submit a complaint pursuant to Clause 5.3 to 9flats at least in text form within 24 hours after check-in, and this complaint claims that there are defects in the accommodation, 9flats will check these objections. 9flats will attempt to bring about an amicable solution.
9.2.1 The parties are in agreement that with an amicable solution pursuant to Clause 5.4 the price of the accommodation can be subsequently reduced.
9.2.2 The parties are in agreement that with an amicable reduction in price, the assigned claim will be seen as not existing in its full amount right from the start.
9.2.3 The parties are in agreement that, in the event of an amicable solution and reduction in price, 9flats will pay out the difference between the original accommodation price and the price determined subsequently by the guest and host subsequently due to defects.
9.2.4 The parties are in agreement that the host will pay the part of the claim that has expired as a result of the amicable reduction in price (difference amount pursuant to Clause 9.2.3) as compensation to 9flats.
9.2.5 If no amicable regulation is found within two weeks after the guest has checked out, 9flats will be forced to file for the full amount of the claim in court. The host’s obligations of collaboration pursuant to Clause 8.8 apply accordingly.

10 Cases of suspected fraud

10.1 If there are grounds to suspect that the guest and host are in collusion to the detriment of 9flats by concluding contracts with one another for the usage of accommodation, without a usage of the accommodation actually being intended, but instead are aiming to act in a fraudulent manner to the detriment of 9flats or there is any other suspicion of criminal acts pursuant to the Criminal Code, all parties to this contract are in agreement that the sold receivable is not considered to exist and the agreed purchase price (accommodation price minus commission) consequently does not have to be paid out to the host until the guest and host have been able to exonerate themselves with regard to the suspicion of fraud.
 
10.2 In cases of substantiated suspicion, 9flats reserves the right to report the suspected persons to the police or the state prosecutor.
 
10.3 9flats reserves the right to repay amounts already paid by the guest, minus a fee for the processing of the fraud attempt.

11 Rating system

11.1 9flats makes it possible for the members to rate each other after fulfillment of contract using a rating system and to rate the content published by other members according to whether it is helpful, relevant or useful.
 
11.2 Members are obligated to only make truthful statements in the ratings given and to comply with the statutory provisions. The ratings must be kept objective and may not include any abusive criticism.
 
11.3 9flats does not check the ratings.
 
11.4 The rating system may not be used contrary to its purposes. In particular, it is forbidden
  • to submit incorrect ratings, to submit ratings about oneself or
  • to have such a rating submitted by a third party or
  • to include circumstances in ratings that are not associated with the entry into force or the fulfillment of the agreement.
11.5 9flats reserves the right, when it becomes aware of this (information from third parties) to delete ratings in full or in part if the ratings have an impermissible content pursuant to 11.4 or are to be seen as forbidden content or a forbidden activity pursuant to 12.2.

12 Content: rights, granting of rights, forbidden content, indemnity

12.1 description of accommodation, ratings, profile images
12.1.1 The works protected by copyright that are used by the hosts for the description of the accommodation, in particular texts and photographs and graphics and videos (descriptions of accommodation) and the texts used by the users for the ratings and the profile pictures used by the users may not infringe the rights of third parties, in particular copyrights, trademarks and personal rights.
12.1.2 The users give assurance that they have the necessary rights to the texts and photographs mentioned under Clause 12.1.1 and, if applicable, graphics or videos or other works protected by law and/or trademarks and/or consents with regard to personal rights.
12.1.3 By making an accommodation description or a rating publicly accessible on the online platform of 9flats (entry, upload and thus release of texts, photographs, videos, graphics, etc.) the user grants 9flats the free, non-exclusive right to use for an indefinite time and area this work (in its entirety or in part) worldwide for the provision of the services offered by 9flats or to advertise this service on the Internet or a mobile application), and to use this work worldwide for the provision of the services offered by 9flats or to advertise this service on posters, in print media of any kind, television and radio advertising (right of copying, dissemination, broadcasting, public rendition) and the right to process or redesign the works and the right to transfer these rights to third parties if this is necessary to meet the required purpose (provision of the service offered by 9flats or to advertise the service).
12.1.4 With the making public of a profile picture on the online platform of 9flats (upload and release of pictures, publication of texts, etc.), the user grants 9flats the free, non-exclusive right for an unlimited time and area to use this work (in its entirety or part) worldwide to provide the services offered by 9flats on the Internet or mobile applications (right to make publicly accessible). Pursuant to Clause 12.1.3, the profile picture of the user may not be used for advertising, unless the user has explicitly agreed to this at least in text form.
12.1.5 A review of the uploads made by the users pursuant to the aforementioned clauses with regard to the legality of the content will not be done by 9flats.
12.1.6 9flats reserves the right when it becomes aware of this (information from third parties) to delete content in its entirety or in part if the content is unlawful or is to be seen as forbidden content or forbidden activity pursuant to 12.2.
12.2 Other forbidden content and activities
12.2.1 It is the responsibility of the users to ensure that their conduct on the online platform complies with the valid laws and these General Terms and Conditions of Business. The content and activities depicted below are those that breach valid law, pursuant to Clause 12.1 may not be published or carried out via the online platform or otherwise in the interest of 9flats not via the services or 9flats and consequence are forbidden on the online platform and its services:
  • insults, false accusations, abusive criticism, other defamatory statements,
  • statements and images relevant under criminal law (such as National Socialist images, those glorifying violence and war, racist, children or violent pornographic or calls to commit criminal offences),
  • any sexual content and depictions or those that are a danger to children and young people;
  • copying, dissemination and making publicly accessible works protected by copyright if the user does not have the corresponding usage rights,
  • publication of images on which persons can be recognised who have not given their consent to publication,
  • de-anonymization of other users
  • Usage of the platform for own commercial purposes that go beyond the actual purposes of this platform unless 9flats has agreed to such a commercial usage in writing beforehand,
  • publication of personal data of third parties,
  • usage of the platform for (solely) political or religious activity,
  • sending of junk mails, chain letters or unrequested mass mails, instant messages, spimming or spamming,
  • the disruption, interruption or excessive use of the services of 9flats,
  • the use of the account, user name or password of another member, use of mechanisms, software or other scripts in conjunction with the online platform that could impair the faultless and orderly function of the platform and the respective website,
  • blocking, overwriting or modification of content generated by 9flats,
  • the usage of the services of 9flats in a way that breaches the valid laws and regulations in another way.
12.2.2 The examples included in the list are not exhaustive. The consequences of the breaches of statutory regulations, the rights of third parties or these General Terms and Conditions of Business is regulated in the Clauses 12.3 (indemnity), 13 (Deletion of content, blocking of accounts) and 14 (Liability of the user).
 
12.3 Indemnity
12.3.1 The user shall indemnify 9flats from all claims at the first request that other users or third parties file against 9flats due to the breach of their rights by the offers and content entered by the user or due to other usage of the website, including ratings submitted by the member.
12.3.2 The user also assumes the necessary cost of legal counsel (attorney and court costs) here of 9flats.
12.3.3 In addition, the user undertakes to provide 9flats, in the event of a claim being filed by third parties, with all information in a truthful and complete manner that is necessary to verify and defend against the claims.

13 Deletion of content, restriction and blocking of accounts

13.1 In the event that a user breaches statutory regulations, rights of third parties or the General Terms and Conditions of Business, 9flats reserves the right, subject to termination without notice,
  • to warn the member,
  • delete offers or other content of this member,
  • restrict the usage of the platform for the user,
  • to exclude (block) the user temporarily or definitively from using the platform entirely,
  • initiate other legal steps (such as filing criminal charges)
13.2 Unless they are necessary by law, these measures are at the discretion of 9flats; however, 9flats will take the justified interests of the users and all circumstances of the breach, in particular the degree of culpability, into account.
 
13.3 As soon as a user has been blocked, this member may also not register with another user account or use the services via another user account.
 
13.4 As a fundamental principle, usage agreements that have already been concluded between the users remain unaffected by a restriction or blocking of a user.

14 Liability of the user

14.1 The user is fundamentally liable for all activities that are carried out using his or her user account, unless the user is not responsible for the misuse of his or her user account as he or she has not breached his/her obligations of due care.

15 Liability restrictions and warranty of 9flats

15.1 9flats is liable without restriction for damage caused in a willful or grossly negligent manner by 9flats, its employees and vicarious agents and in the malicious concealment of deficits, with the explicit assumption of warranty and for damage arising from injury to life, body and health.
 
15.2 9flats is only liable for other damage if an obligation is breached whose fulfillment makes the orderly implementation of the contract possible in the first place and whose compliance the contracting partner may regularly trust in (cardinal obligation). The compensation obligation is restricted to damage that can be seen as typical of the contract and foreseeable. Any liability pursuant to the product liability law remains unaffected. A liability of 9flats that goes beyond the aforementioned is excluded.
 
15.3 As 9flats is not involved in the contractual relationship between the guest and host, 9flats cannot assume any warranty and/or liability for services from the agreement regarding the accommodation. However, 9flats must allow objections that the guest files with justification against the host to be made against itself with regard to the claim (cf. Clause 8, 9).

16 Duration, termination

16.1 The usage agreement runs for an indefinite period of time from the time of registration pursuant to Clause 2.
 
16.2 Users may terminate this usage agreement at any time.
 
16.3 9flats can terminate the usage agreement at any time with a period of notice of 14 days to the end of the month.
 
16.4 In cases of doubt, however, the contractual relationship is not ended until the last necessary payment processing pursuant to Clauses 8 and 9 has been concluded.
 
16.5 The right to block and to terminate the user account is not affected by this.

17 Amendment of the conditions of usage

17.1 9flats reserves the right to amend the General Terms and Conditions of Business with effect for the future in particular in the following cases:
17.1.1 If and to the extent that the market situation has changed in the opinion of 9flats to a considerable extent from a calculative or technical perspective after the conclusion of the contract, 9flats reserves the right to amend the General Terms and Conditions of Business with regard to the amount of commission in a reasonable manner for the users; this consequently incorporates in particular possible, moderate price increases.
17.1.2 If 9flats would like to improve, extend or change for the benefit of the partners the offering and the services, 9flats reserves the right to change the General Terms and Conditions of Business.
17.1.3 If legislation or case law necessitate a change in the General Terms and Conditions of Business, 9flats reserves the right to make a change in the General Terms and Conditions of Business.
 
17.2 The amendments to the General Terms and Conditions of Business will be changed with a period of notice of four weeks in advance and the chances will be announced beforehand on the website within the four-week deadline. At the same time, users will be informed about the change by e-mail.
 
17.3 When the user next logs in to his or her user account, he or she will be reminded of the change in the General Terms and Conditions of Business and asked to agree to the changes by opt-in.
 
17.4 If the user does not give his or her consent to the amendments made within the four-week deadline, the contract will be continued without the proposed amendments. This does not affect the right to termination.

18 Final provisions

18.1 The law of the Federal Republic of Germany applies, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
 
18.2 If the user is a merchant, legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising from this agreement is Berlin. The same applies if the user does not have any general place of jurisdiction or place of residence in Germany or the usual domicile is not known at the time the legal action is filed.
 
18.3 If individual provisions of the agreement with the user, including this provision, should be or become invalid in their entirety or in part, this shall not affect the validity of the remaining provisions. The same applies in the event of a lacuna.
 

Data protection provisions of 9flats

Dear 9flats.com user,
We know that data protection conditions are not usually particularly exciting to read. Nevertheless, in your own interest, you should read the provisions below carefully. After all, it is about what we are allowed to do with your data.
 
The protection of your data is important to us. After all, you should be able to enjoy using 9flats (9 Flats GmbH, Lerchenstraße 16a, 22767 Hamburg, represented by the managing director Stephan Uhrenbacher). This is why we inform you below about how we collect data and handle them. When you register with 9flats, you declare by opt-in your consent to these data protection provisions – otherwise, we cannot unfortunately offer you the full usage of our platform.

1 Subject of the data protection

The subject of data protection is personal data. Pursuant to Section 3 Par. 1 of the Federal Data Protection Act (BDSG), personal data are individual information about the personal or material circumstances of a defined or definable private individual. These include e.g. information such as name, postal address, e-mail address or telephone number, and if applicable also usage data such as your IP address.

2 Scope of the data collection and storage

As a fundamental principle, it is not necessary for you to enter personal details to use our online platform 9flats.com.
If you, however, would like to use our service, you have to register with us and at least provide the following personal details:
  • your first and last name,
  • your e-mail address,
  • your town or city (place of the accommodation that you are offering)
Please read our further information under Clause 6 if you register with the Facebook sign-up.
 
If you actively use our platform by entering accommodation on it, we require the following additional data from you to handle the transaction:
  • your PayPal account number or your bank details (account holder, account no. and sort code),
  • your complete invoice address including any VAT ID no. in order to be able to involve you for our service.
If you actively use our platform by booking accommodation on it, we require the following additional data from you to handle the transaction:
  • your credit card details or your bank account information if you cannot or do not want to pay by PayPal.
The aforementioned information, with the exception of your first name, is not all made public on the platform. The contact details (e-mail address and if applicable telephone number) of you as a guest and/or host are not exchanged between guest and host until after conclusion of a binding booking or if the guest and host have networked with each other via the 9flats friendship function. Beforehand, you can communicate with the guest and/or host via the platform-internal messaging system.
 
Your bank, credit or PayPal data are not of course forwarded to the guest or the host.
 
In addition, you can supplement your profile with further personal details such as your telephone number, your professional situation, your Twitter account, your Facebook account, your date of birth and a few key words about yourself and a photo of yourself. You provide these data on a voluntary basis so that your guests or hosts can get a better picture of you, but you do not have to provide them. The only mandatory information that must be made public at all times is your first name.
 
In addition, you can use our platform by making friends with other users, for instance. We also save these connection data to enable us to assess the usage and success rates of our features. We would be pleased to also publish these connections but we will only do so if you explicitly consent to this.
 
In addition, you can use our platform with the Facebook sign-up and/or log-in pursuant to Clause 6.2. We would also be pleased to publish your thus visible Facebook links or your other publicly accessible data (such as e.g. your hobbies or the university that you attended) in order to make 9flats more interactive and more communicative for you. However, we will only publish these data if you give us your explicit consent to do so.

3 Designated usage of data

We comply with the principle of designated data usage and collect, process and save your personal data only or the purposes that you have notified to us, i.e. the purposes indicated under 2 or which are indicated below.
If we would like to use the data for other purposes, in particular for advertising purposes, we will obtain your consent for this beforehand.
 
A forwarding of your personal details to third parties is not done without your explicit consent unless this is necessary to provide the service or to carry out the contract. The communication of this information to state institutions and authorities is also only done within the framework of the statutory information obligations or if we are obligated to provide the information as the result of a court decision.

4 Cookies, usage profiles

In addition, we also use cookies. Cookies are small text files that can store a website such as ours on the computer of a website visitor, i.e. locally. With the help of this text file, the web server can save, for instance, preferences and settings on the user’s computer which are then automatically restored on the next visit. Or to put it another way, the cookies are used, among other things, to make the use of the site more user-friendly so that, for instance, you do not have to complete the full log-in mask when you visit again.
 
We use both persistent cookies and session cookies. Whereas persistent cookies remain on your computer for a longer period of time, session cookies are automatically deleted when the browser window is closed.
Using cookies, data are also collected and saved on this website from which pseudonymized usage profiles are created. The data is data such as the IP address, the browser type, the software used, that website previously called up by you (referrer URL), time and duration of the visit to a website. Incidentally, the IP address is immediately made unrecognizable by us; we can then still compare whether different users have the same IP address (we need this information to be able to prevent any misuse and fraud) but can no longer discern the origins of the address.
 
These usage profiles are used to analyze visitor behavior and are analyzed to design and improve the offering in line with requirements. The pseudonymized usage profiles are not merged with the personal data via the carrier of the pseudonym without the express consent of the person affected which must be given separately.
 
Cookies are also used to enable us to carry out our Premium partner program. Further information on the Premium Partner program can be found here; information on the tracking in this regard and on cookies can be found in particular in Clause 4.4.
 
You can prevent the installation of the cookies by preventing the installation of the cookies with a corresponding setting in your browser software ("private mode – can be found under Settings with most browsers); however, it should be pointed out that in this case you may not be able to use all functions of this website.
 
In addition, you can delete cookies that have already been set (also to be found under “Settings” in the browser).

5 Google Analytics

We also use Google Analytics, a web analysis service of Google Inc. (in future: Google) on this website. Google Analytics is a web analysis tool with the help of which we analyze the interaction of the visitors with our website and thus are able to improve our website for you further. Google Analytics also uses cookies, as they were in principle described in more detail under Clause 4. The information generated by the cookie regarding your use of this website are usually transferred to a server belonging to Google in the US and stored there. The information saved by the cookies includes, for instance, the time of the website visit, the frequency with which the visitor has called up the website, and from where the visitor has accessed the website. To determine the latter value, Google initially records the IP address of the user. However, we have activated the IP anonymization on our website. Based on this, your IP address within Member States of the European Union or in other signatory states of the Treaty on the European Economic Area is shortened by Google before transmission to the US. Only in exceptional cases is the full IP address transferred to a server belonging to Google in the US and shortened there. On behalf of 9flats, Google will use the aforementioned information to analyze your usage of the website, to compile reports on the website activities and to provide further services associated with the usage of the website and the Internet towards the website operator. The IP address communicated under Google Analytics by your browser is not merged with other data of Google.
You can prevent the saving of the cookies by Google Analytics by a corresponding setting in your browser software; however, reference should again be made to the fact that in this case you may not be able to use all functions of this website.
 
In addition, you can prevent the recording of the data generated by the cookie and relating to your usage of the website (incl. your IP address) to Google and the processing of these data by Google, by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=de
 
Further information on data protection with regard to Google Analytics can be found directly here at Google.

6 Facebook

Our website uses the sign-up and log-in function and social plug-ins of the social network facebook.com, which is operated by Face Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA. If you have your normal place of residence in the European Union, the Facebook services are offered to you by Facebook Ireland Limited, Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland. The social plug-ins are discernible by the Facebook logos (white “f” on blue background or the characteristic Facebook thumb) or marked by the addition “Facebook Social Plug-In”; all Facebook plug-ins can be viewed here. The sign-up and/or log-in of Facebook is also easy to recognize by the characteristic white script on a blue background.
 
6.1 Social Plug-ins
When you call up a website of ours on which a social plug-in (like button) is implemented, your browser will then establish a direct link to Facebook and will then transmit the following data to Facebook directly:
  • date and time of your visit,
  • the Internet address/URL of the site that you are currently visiting,
  • your IP address,
  • your browser,
  • your operating system,
  • your user code if you are a registered user of Facebook and if applicable your surname and first name and
  • if you click on the plug-in, of course the information that you have used this specific plug-in.
Facebook saves these data for a period of 90 days. Facebook then removes the name and all other personal information from the data; a pseudonymized usage profile remains.
 
We explicitly make reference to the fact that we ourselves do not have any influence on the scope of the data which Facebook collects with the help of the plug-in and that with regard to data protection we have to rely on the data usage guideline of Facebook, on which our aforementioned information is based. Please inform yourself further on Facebook specifically about the purpose and scope of the data collection and your rights in this regard and the setting options to protect your privacy using the data usage guidelines.
 
However, it is of course possible to prevent the placing of cookies by settings in your browser. In addition, it is also possible to block the social plug-ins of Facebook with add-ons for your browser. For instance with the “Facebook Blocker”
 
6.2 Sign up, Log in
We also offer you the option of registering with us using the Facebook sign-up or registering via the log-in. If you would like to register or log in with us using the Facebook sign-up and/or log-in, you then permit us to:
  1. Access your general details such as your name, profile image, gender, the user ID, your friend lists and all other data that you have made public in your profile.
  2. Send you emails.
  3. Post status reports on your behalf.
  4. Also to access your data when you are not currently using the application.
  5. Access your other profile information such as “About me”, your date of birth, your home town and your current place of residence.

7 Rights of information, revocation and deletion

You may obtain information about the data stored with us free of charge, without indicating any reasons. You can object to the use of your data at any time and revoke the consent to use your data that you gave when you registered. In addition, you can correct, block or have deleted at any time the data that we have collected and stored. We make explicit reference to the fact that we are obligated by law to continue to save the data; in this case, the data can only be blocked.
To exercise the aforementioned rights, please contact us at the following address: datenschutz@9flats.com.

8 Premium Partner program

If you participate in the Premium Partner program of 9flats, we point out that these data protection provisions apply accordingly. To handle the Premium Partner program, it is necessary that you notify us of the following data:
  • First name and surname
  • Address
  • Bank details.
If you have any further questions on data protection or on these data protection provisions, please feel free to contact us at any time!