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Terms & Conditions Guests

1. The ebab UG (hereinafter referred to as ebab) provides with its website an online platform where provider of accommodations (hereinafter called hosts) offer their accommodation for a temporary period for bookings and where visitors to the website (hereinafter referred to as guests) can book the accommodations.
Ebab acts as an intermediary between the host and the guest. With the completion of a booking on the ebab website, there is a binding lease contract between the host and the guest.
The host is fully liable.

2. Ebab is not liable for the information and services provided by the host and for any defects of the respective accommodation or related services.

3. Ebab is aimed with its website primarily on lesbian, gay, bisexual and transgender people, to provide them with safe accommodations. Ebab is committed to openness, tolerance and acceptance toward all people. Ebab does not tolerate sexist, homophobic, transphobic, anti-Semitic, racist, fascist or any other dehumanizing utterances and actions. Ebab reserves the right to exclude guests who violate these principles from the use of the website.

4. Users of the website must be at least 18 years old.

5. When registering as a guest on the website, the user undertakes to provide truthful information, especially to the personal information, such as name, address and contact information. This data is sent to the host after completing a booking. The guest is obliged to present the host on the day of arrival a valid identity card / passport to uniquely identify. The host has the right to match the information that the guest has provided during the registration on the website with the data of the identity card / passport. Should the data not match, the host is not obligated to accommodate the guest. The booking can then be canceled with costs.

6. The guest can cancel a booking up to one week prior to arrival free of charge. If the guest cancels a booking one week before arrival or shorter, the guest has to pay the rate of one night of the accommodation rate as a cancellation fee.

7. The guest has no enforceable right for carrying out of the booking, should the host be prohibited to accommodate guests by a change in legislation.

8. By registering and / or using the website, the user agrees to the validity of these terms and conditions.

Host Contract / Terms & Conditions

§ 1 Host and Accommodation

The host ensures ebab to meet all necessary requirements affecting the implementation of the temporary accommodation of guests.
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(1) The host is the tenant/owner of the above private or commercial accommodation and wishes to rent the following accommodation privately. The host adds the private accommodation via ebab’s host administration area www.ebab.com/host where he also stipulates the accommodation’s details as well as - after approval by ebab - discounts, the daily rates, events rates etc. General price changes are only valid after prior agreement by ebab.
All information provided by the host is legally binding to the contract.

(2) The host ensures ebab to meet all necessary requirements affecting the implementation of the temporary accommodation of guests.
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§ 2 Activity of ebab

Ebab is responsible for the placement of private accommodation. A brokerage commission is payable on a successful placement.



§ 3 Contract and Term

The contract is concluded for an indefinite period. If the host terminates the agency contract within the first six months without having hosted a guest, a one-time admission fee of €50 will be charged.
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(1) The contract is concluded for an indefinite period. It can be terminated at any time by either party by giving one month´s notice to the end of the month.

(2) Each party has the right to terminate the contract for important reasons, without observing the notice period, and/or remove the accommodation temporarily or indefinitely from the offer.

(3) Any notice must be provided in written form.

(4) Upon termination of the agency contract on the part of the host, bookings confirmed prior to termination by the host remain unaffected.

(5) If the host terminates the agency contract within the first six months without having hosted a guest, a one-time admission fee of €50 will be charged.
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§ 4 Main Contract

Ebab is solely responsible for the placement of accommodations but does not act as the host's agent. Oral agreements are only effective if they are made in writing.
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(1) The host intends to rent the room / apartment for the rates specified by the host in the administration area.

(2) The completion of a major agreement applies even if the host rents the guest another, similar accommodation.

(3) It shall be pointed out that the main contract will be concluded between the host and guest and that ebab does not act as the host's agent. Ebab is solely responsible for the placement of accommodations. The main contract is only valid when the host has reached an agreement with the guest through personal consultation, unless otherwise agreed between the host and ebab.
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§ 5 Commission

A net commission of 16% will be charged. The commission has to be paid within 10 days after the receipt of the invoice. The exclusion of ebab will lead to a contract penalty of 500 €.
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(1) For the placement of the envisaged contract between the host and the guest, the parties agree on a net commission of 16%.
The value added tax (VAT) rate of the country where the accommodation is being offered will be added to the net commission.
If a host in an EU country provides ebab with a valid and correct VAT identification number (VATIN), the VAT will not be added; the host agrees to report the VAT in his/her country according to the reverse charge mechanism.
If the accommodation is in a non-EU country, then currently no VAT is charged on the commission. If in the future a VAT on the commission has to be charged due to changes in the legislation, the VAT is then calculated according to the legal provisions and charged on the commission.

(2) The commission receivable is due on conclusion of the main agreement under § 4.

(3) If the guest books a second time without using ebab, or should the host extend the rental period without informing ebab of this, the host will have to pay a penalty of 500€ to ebab. If ebab is excluded or the lease extended without informing ebab, this is considered an important reason for termination as in § 3 par. 2.

(4) The commission has to be paid within 10 days after the receipt of the invoice. In case of delay of payment despite reminders, ebab can terminate the agency contract for important reasons as defined in § 3 par. 2 without notice. All other associated costs are paid by the host. A reminder charge of 10€ will be added to the invoice after the second reminder.

(5) In case of a recurring delay of payment, the host has to pay a deposit of 250€ which will be refunded free of interest after the termination of the contract. Outstanding debt will be deducted from the deposit.
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§ 6 Rights and obligations of the host

All information is to be kept in confidence. The host is not entitled to compensation for loss against ebab. Any changes shall be notified to ebab immediately.
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(1) The host shall provide ebab immediately with the necessary information about existing and new circumstances which are known to affect the performance of agency services (e. g. changes in the rooms).


(2) The host is obliged to notify ebab of the conclusion of a main agreement as in § 4. This applies especially when the guest makes another booking directly with the host, excluding ebab.

(3) The host is also encouraged to record the guest´s details separately. He is obliged to treat all information gained from the agency as strictly confidential and shall not forward any information to any third party. This is particularly true for internal information exchanges.

(4) The host is not entitled to any compensation for loss against ebab if the guest fails to keep the reservation or cancels it.

(5) Upon acceptance of a booking by the host, the guest must stay for at least one night.

(6) If the host cancels a reservation previously agreed on, he must notify ebab immediately. If the guest had previously made a booking, the guest may be able to make a claim for damages against the host. The host must then provide the guest with a similar accommodation or pay the difference for the guest. Ebab reserves the right to charge for mediating the booking in any case.

(7) The host assures ebab that all images provided by him are free of third party claims.
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§ 7 Rights and obligations of ebab

All images provided by the host must be free of third party claims and can be used by ebab for marketing purposes. Ebab treats all information acquired as confidential. In case of an accommodation, the host has to check all the information prior to the check-in. Ebab is not liable in particular for claims by the host against the guest.
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(1) After prior notification, usually one week before, ebab is allowed to visit the room they are acting as agent for and keep records on it. Ebab may use all of the collected images for marketing purposes. All rights to the images remain exclusively with ebab. In case of any disagreements between the two parties, ebab has the right to temporarily remove the accommodation from the website.

(2) Ebab will store the host´s data. Ebab is obliged to treat all information acquired as confidential.

(3) Ebab is not obliged to carry out research of the guest's data. Ebab shall only pass on unaudited communications if due to their inaccuracy ebab may be liable for gross negligence. The host must check all information prior to concluding the agreement himself.

(4) Ebab is not liable in particular for claims by the host against the guest found through the agency. The host shall exempt ebab from any claims which the guest makes for reasons related to the host´s domain. ebab is liable only for intent and gross negligence.
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§ 8 Direct booking system

The host defines available periods where the guest can book directly. Bookings will be made without prior booking requests! If the guest cannot be hosted when making a direct booking, the host must compensate the guest for the additional expense.
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(1) Accommodations which the host offers as a direct booking object, will be listed on top on ebab's website. This can increase the total number of bookings.

(2) The host must select the direct booking period in the host management area (e. g. 2 weeks, 4 weeks, 2 months).

(3) In case of a direct booking, the guest pays ebab the commission directly by credit card. The commission will not be charged to the host. The guest pays the host the rest of the total rate upon arrival. If the guest does not request via the "direct booking" button, the guest pays the commission as usual to the host. The commission will then be charged on the host's invoice at the end of the month.

(4) In case the guest does not come, the host receives a credit of 80% of the commission on the next invoice.

(5) If the guest cannot be hosted, despite commitment to a direct booking by the host, the host must compensate the guest for the additional expense. In such a case, ebab reserves the right to exclude the host from the direct booking system.
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§ 9 Lowest Price Guarantee

If the listed accommodation is not more expensive on ebab than on any other agency, please click Lowest Price Guarantee. You will then get a better listing. The "Lowest Price Guarantee" selected by the host is binding.
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(1) The host can click the check box “Lowest Price Guarantee“ in his/her host administration area. By doing so, the host guarantees that the accommodation will not be offered at a lower rate on any other website.

(2) By clicking the check box “Lowest Price Guarantee”, the accommodation will be better listed on ebab's website.

(3) In case the host offers the accommodation at a lower rate on any other website, the host has to reimburse the difference upon request by the guest.
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§ 10 Final Clause

Changes to the Terms and Conditions are effective and considered legally binding unless the host objects within six weeks.
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(1) Changes to the Terms and Conditions are effective and considered legally binding unless the host objects within six weeks.

(2) These terms and conditions will be governed by and construed in accordance with German law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Berlin.

(3) There are no other agreements between the parties. Oral agreements will only be effective when set out in writing.
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