Nightbank gemeinnützige UG (haftungsbeschränkt)

GENERAL TERMS AND CONDITIONS

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY CONTAIN VARIOUS RESTRICTIONS AND EXCLUSIONS, AS WELL AS A CLAUSE WHICH, IN THE EVENT OF A DISPUTE, PROVIDES FOR THE COMPETENT JURISDICTION.

Nightbank UG (hereinafter referred to as "Nightbank", "we", "our", "us") provides an online platform that allows private hosts to provide individuals or their accommodation for overnight stays for a limited period of time To offer private individuals. For the use of the accommodation, a certain amount will be donated to Nightbank. This money is paid to a third person or group of people who use the money to support initiatives that produce goods or resources for a community.

This platform is accessible at http://www.nightbank.org or http://www.nightbank.de and on any other website through which Nightbank provides its services. By using the website, you agree to abide by the terms of use (hereinafter also "Terms"). These Terms govern your access to and use of the Website, the Service and all common content and constitute a binding agreement between you and Nightbank UG. Please read these Terms carefully. If you do not agree to these terms, you will not be entitled to use the website or service.

By accessing or using any of the above sites or through any other page or app on Nightbank's service or downloading or posting content on or from the Site, you agree that you have read and understood the terms and conditions below and have agreed that you comply with these terms, whether or not you are registered on the Site. If you do not agree to these terms, you are not authorized to use the Website and the Service. If you act on behalf of a company or other legal entity, you represent and warrant that you have the right to represent the said company or legal entity. In case of doubt about the interpretation of these conditions, the original version in German language shall prevail.

I. DEFINITIONS

• The service ("Nightbanking"): refers to the platform provided by Nightbank for making contact between Spacer and Traveler. It allows the Spacer to offer its accommodation or parts of its accommodation to the extent determined by it free of charge for use, in particular to provide a sleeping space. The traveler may book the accommodation or parts of the accommodation for use by him or a third party. The traveler pays a certain amount for the use of the accommodation or parts of Spacer's accommodation to Nightbank, which is determined by the Spacer. Nightbank will use this donation to support a third party initiative, the Project Initiator.
• Initiative: means a person or group of people who creates goods or resources for a community or supports individuals or groups of people who produce goods or resources for a community. Our initiatives are developed when a community comes together to discuss their needs. The members of the community advise on a goal which Nightbank then financially supports. This objective is a shared resource for the members of the community.
• Listing: means offering accommodation for use by travelers.
• Member: means every user of the website registered on the website.
• User: means any Internet user who visits the website http://nightbank.org or http://nightbank.de/ and their variants.
• Project Initiator: means a member who supports or leads a social or environmental initiative.
• Traveler: means a member wishing to use Spacer accommodation, especially to stay in it.
• Site: means the website http://www.nightbank.org or http://www.nightbank.de.
• Spacer: means a member who provides his or her accommodation for use to the extent specified by a traveler.
• Accommodation: means any type of accommodation or parts of an accommodation, such as a house, an apartment, a room, a shared room or any other type of accommodation. The use of accommodation by people, in particular the overnight stay, must be permitted and possible, as well as offering a minimum level of comfort.


II. THE WEBSITE AND THE SERVICE

1. Function of the website and the service
 

The Website is an online platform that allows private hosts (the Spacers) to offer their accommodation or parts of their accommodation to individuals (the Traveler) for a limited period of time, in particular for overnight accommodation. For the use of the accommodation by the traveler donates this a certain amount of money to an initiative.

The amount of money is first paid by the traveler to Nightbank. As soon as the funds needed for the initiative are reached through donations, Nightbank forwards the full amount to the initiative. The amount of money needed will be published on the website together with the respective initiative.
 
The service of Nightbank is to connect Spacer and travelers as well as initiatives and to provide a platform for contacting and handling the booking and accommodation as well as the donation.The spacer can not demand any further financial compensation from the traveler. Any member who violates this will be excluded from the site. Nightbank asks its members to report any member who violates this rule.

Furthermore, the online platform allows to donate money directly to an initiative. The user must log in to the Nightbank page and click on 'donate directly' for an initiative. Afterwards the user is requested either to operate a sepa transfer or to pay electronically. Electronic payments are handled by the company Strype which ensures that the donated money goes into the account of Nightbank.

If an initiative can not be realized within the timeframe set by the initiator, the funds will be distributed to another initiative. In such a case, the traveler will be informed by Nightbank by email that the initiative can not be realized. The traveler can then decide within 7 days to which other initiative the money should go. He shares the decision with Nightbank by e-mail. If the donation sum for one initiative exceeds the amount specified, the excess amount will be used for another initiative. The decision on this lies with Nightbank. The same applies if the required amount of money for an initiative is not achieved.

If Nightbank UG is dissolved, the funds paid by the travelers, which have not yet been paid to an initiative, will be paid to the respective initiatives.

2. Operation of the website and the service

To publish a listing on the Nightbank website, the user must open a Nightbank account and become a member.

Please note that Nightbank is not the owner, owner or administrator of the accommodation. Nightbank owns, sells, resells, procures, leases, sub-leases, manages or controls any accommodation. Nightbank also does not provide a transport solution for members to or from the property. The responsibilities of Nightbank are limited to facilitating contact between members and booking accommodation.

3. Change of website and service

Nightbank reserves the right, at its sole discretion, to change the Site or Service at any time and without notice, or to change these terms, including the amount of the reservation fee and the price of the nights. If we change these terms and conditions, we will post the changes on the website and send you an e-mail notification of change. We will also display the last update at the beginning of these terms. If you continue to access or reuse the Website or Service and you do not decline to receive the changes within 30 days of receiving a notice of change on the Website and sending a notification by email, you agree to the changed terms. We will inform you separately in the change notification by e-mail about your refusal right. If these conditions are unacceptable to you, you will not be able to use the Website and the Service. If you do not close your Nightbank account, the changes will be considered accepted.

III. PROCEDURE FOR ACCESS TO THE SERVICE

1. Access Conditions

The Website and the Service are intended exclusively for persons who are at least 18 years old or of legal age in their respective jurisdiction. Any access to the website and the service or any use of the website and the service by persons under 18 years of age or persons not of age are expressly prohibited. By using the Website and the Services, you represent and warrant that you are at least 18 years of age or legal age.

2. Create account

To access certain functions, such as: For example, to access the service, reserve accommodations, or make a listing online, I must first register the user on the website. Registration is the process of creating a user account by providing the user's first and last name, e-mail account and e-mail address, entering a password, and agreeing to be bound by the Terms of Use , This registration is free and without obligation. After registering a user on the site, a Nightbank account will be created for that new member.

The member's account information and profile page are based on the personal information provided at registration or obtained through a social network (registration via the user's Facebook account link). The user therefore undertakes to provide truthful, current and complete information during the registration process and to update the information in order to ensure its accuracy. Nightbank reserves the right to terminate or suspend a Member's Nightbank account, thereby blocking its access to the Website and the Service, if the Member opens more than one account or if the information provided during registration or later becomes should prove flawed or outdated.

Each member is responsible for protecting his password. Each member agrees not to disclose his password to third parties and to take full responsibility for any activity or action on his or her Nightbank account, whether or not such activity or action has been approved by the member. The member undertakes to notify Nightbank of any unauthorized use of his / her Nightbank account by e-mail to info@nightbank.org.

3. Create a listing

All members can publish one or more listings on the website. All offers are managed through one and the same account.

To post a listing on the Site, certain information is requested from the Member, including, but not limited to, the location, the type of accommodation, the price, and basic information about the Member, including but not limited to the nature of its membership Accommodation and its leisure activities. To be included in the list on the website, each accommodation must have a valid postal address.

Any listing that has been created and / or updated is subject to review by the Nightbank Member Service before it is posted on the Website. Nightbank reserves the right, at its sole discretion, to suspend publication of an Ad at any time and without notice if the text or visual content is deemed questionable for any reason or if it violates the terms and conditions of the Website or Service. Any photo posted online on the member's account must be validated prior to publication.

Each member accepts responsibility for all offers and member content published on the website. Accordingly, each member declares and guarantees that any provision of accommodation and any booking of accommodation or stay of a traveler in a lodging does not violate any agreements that the member has made with third parties (such as homeowners' associations, landlords). and all applicable laws, regulations and other regulations (such as the ban on the use of living space and tax regulations) are observed. Please note that Nightbank assumes no responsibility for compliance with third party agreements or compliance with applicable laws, regulations and other regulations. Nightbank reserves the right, at any time and without notice, to block or remove a Member's access, in particular if a listing violates these Terms or is otherwise harmful to the Site, the Application or the Services or Nightbank is a listing of its own Discretion for any reason considered inadmissible. Nightbank conducts regular reviews, but can not be held responsible for any incorrect or outdated information about member listings.

Please note that Nightbank can not and will not control the entire content of the offers and the condition or suitability of accommodation or the Spacer's power over the property. Nigthbank is not responsible and disclaims all liability with respect to all offers and accommodations. Bookings are therefore at the risk of the member.

Nightbank members may terminate their subscription at any time for no charge and without giving any reason by requesting the cancellation of their Nightbank account by email. Nightbank agrees to disable the member's account as soon as we receive and understand the request. In the event that Members do not respect the Terms, in whole or in part, or if the conduct of any member violates the principles of the Terms, Nightbank reserves the right to temporarily or permanently deny access to the Service or to access certain content on the Site Clear. In the event of a serious violation of a member, Nightbank reserves the right to terminate the member's account without warning or notification. This termination has the same effect as a termination requested by the member.

The member will be informed by e-mail about the cancellation or confirmation of the termination of his account.

4. insurance

Any spacer who does not have home insurance for the accommodation in which the travelers are staying is strongly advised to take out insurance before picking up a passenger. Please read carefully the insurance policy that you have taken out for your accommodation, and in particular, make sure that your insurance covers the damage caused by acts or omissions of travelers (and the persons the traveler invites to the accommodation, if applicable) during your stay Stay covers.

You acknowledge that Nightbank is neither a broker nor an insurer and that Nightbank can not be held liable for any damage or incidents related to the overnight stay of a passenger (including any person invited by the traveler to the property). You acknowledge that Nightbank's service is solely to provide Spacer and Travelers with a platform to book sleeping places. Nightbank is not a party to the contract concluded between the Spacer and the Traveler.

In the event of a problem during the stay at the property, the traveler agrees to contact the spacer in no time and solve the problem amicably. If necessary and at the request of one of the parties, Nightbank can mediate between the Spacer and the Traveler without Nightbank being obliged to do so. If Nightbank makes a decision in such a case, it will be recognized by the Spacer and the Traveler.

 
IV. TERMS OF USE OF THE SERVICE

1. Responsibility of the spacer

a) The rights of the spacer

The Spacer has the right, at its sole discretion, to reject any request for accommodation. The Spacer has the right to require the Traveler to provide proof of identity and liability insurance prior to confirming the overnight stay.

b) The duties of the spacer
The Spacer agrees to respond to travelers' requests in the shortest possible time, either positively or negatively.

The Spacer agrees that the Traveler will be accommodated in accommodation that is in accordance with the standard presented on the Website in terms of comfort, facilities, amenities and location.

The Spacer agrees to treat the Traveler with due care and to ensure that his arrival at the property is as well organized as possible.

In case of a problem with the arrival of the traveler in the accommodation, the spacer agrees to contact him as soon as possible.

The Spacer acknowledges and agrees to be responsible for its acts and omissions, and for the acts and omissions of persons who reside at the Hotel's request or invitation, with the exception of the Traveler (and the persons that the traveler may invite to the accommodation).

The Spacer may at no time, before, during or after the overnight stay of the Traveler, claim any financial compensation from the Traveler in excess of the amount paid to Nightbank. Additional services, such as Meals and / or housekeeping, for which the Spacer claims a financial contribution from the traveler, must be clearly indicated in the listing and prior to booking by the traveler, so that the traveler can obtain timely notice of this information.

2. Responsibility of the traveler

The traveler agrees to treat the spacer's property and property as if it were his property.

The traveler agrees to behave respectfully and respectfully in the accommodation opposite the Spacer, the neighbors and others.

The traveler agrees to leave the spacer's accommodation in the condition he found it upon his arrival.

The Traveler agrees to contact the Spacer in the event of damage to or deterioration of the property or of the property in the property caused by an act or omission of the Traveler or his escorts during the stay and for replacement or replacement Repair necessary costs. In addition, the traveler agrees to support the spacer in the necessary contact with insurance. Nightbank disclaims any liability for damage or deterioration to or in the Spacer's accommodation by a traveler or his escorts.

The traveler agrees to follow the placement instructions given by the spacer and confirmed prior to the stay. In the event of a culpable violation, the spacer can prematurely end the traveler's accommodation. In such case, the booking fees will not be refunded.

In the event of a problem, the traveler will surely agree to contact the spacer as soon as possible.

If there is imminent danger, the traveler is obliged to contact the local security authorities.

The traveler agrees to only cancel his booking in exceptional circumstances, knowing that Spacer may have incurred cost-related commitments as a result of the booking.

The traveler understands that the majority of private individuals offer their accommodation and that due to cultural and linguistic differences small organizational difficulties may arise.

The traveler must be aware of local laws and regulations, including any necessary residence permits.

V. EXCHANGE AGREEMENT

1. definition

The Exchange Agreement is an obligation between the Spacer and the Traveler that formalizes the mutual obligations of the two parties and serves as a reference for the two parties. The exchange contract contains the conditions of the overnight stay stipulated by the spacer and confirmed by the traveler.

An agreement that circumvents the platform and thus circumvents the exchange agreement and the booking fee can in no case be considered valid by Nightbank. The parties do not receive support from Nightbank in such a case. Nightbank reserves the right to exclude members from the site who use dishonest practices, such as using the member database to contact or negotiate agreements outside the platform.

2. No binding from Nightbank

The exchange contract can serve as proof in case of a conflict between Spacer and traveler. Nightbank is not bound by the exchange agreement. Each member acknowledges and agrees that Nightbank is not responsible for an agreement between Spacers and Travelers and that Nightbank can not be held responsible if there is a conflict between the parties. Nightbank has no control over the behavior of Spacers and travelers and assumes no responsibility in this regard.

3. Change of the exchange contract

If a traveler wants to change a part of the contract after concluding the contract, he must contact the spacer. The contract is only a formalization of the agreement between Spacer and traveler and can be changed without notice: It is a condition that both parties agree on these changes.

VI. CANCELLATION POLICY

1. Through the spacer
The exchange agreement is based on mutual trust between the spacer and the traveler. The spacer may only offer accommodation if it can actually provide the sleeping space. If the sleeping place is no longer available after confirmed booking, the spacer must inform the traveler immediately. If the failure of the sleeping place is due to a fault of the spacer, this is the traveler to compensate for the resulting damage if the traveler has confirmed the booking.

2. By the traveler

Cancellation by the traveler must be made no later than 24 hours from the planned arrival at the Spacer's accommodation. The cancellation takes place by sending an e-mail to Nightbank and to the spacer. If the cancellation occurs later, the traveler is obliged to pay the full amount.

 
VII. BOOKING FEES AND PAYMENT TERMS

1. Booking fee

Nightbank charges the booking fee from the traveler after confirmed booking. It is a compensation for the services provided by Nightbank, in particular the provision of the platform.

The amount of the booking fees can be changed by Nightbank. Unless otherwise stated, the booking fees are non-refundable.

2. Payment

The booking fees are payable on the NightBank site via VISA credit card or SEPA transfer and will be automatically deducted from the donation that will be transferred to Nightbank.

3. Scheme for donation receipt

Donation receipts will be issued only at the request of the traveler and only if the initiative to which the donation is flowing is entitled to issue a donation receipt. The traveler will receive the donation receipt as soon as the funds have gone to the initiative and Nightbank has received the donation receipt from the initiative.

 

VIII. USE ELEMENTS OF THE SERVICE

If the spacer uses photos to describe the accommodation it offers, it agrees to only upload photos that represent the object in question. Each member agrees not to upload any photos that contain pornographic, violent, discriminatory or offensive content, or that represent the consumption of alcohol or drugs. Each member agrees not to upload any files that contain viruses, corrupted files, Trojan horses, malicious code, or other programs that could harm another user's computer or grant unauthorized access to a user's computer. Each member agrees not to upload any copyrighted photographs without the express permission of the copyright holder. Each member must check for himself whether a photo is protected by copyright. Nightbank reserves the right to make changes to the photos uploaded by the members in order to improve them (cutting and color area) and thus ensure an optimal utilization of the members.

IX. CONFIDENTIALITY POLICY OF PERSONAL DATA

1. Scope of the privacy policy

This Privacy Policy applies to information that Nightbank receives through the use of Nightbank Services.

2. Visitors to the website

Like most website operators, Nightbank also collects non-personal information, such as: For example, the browser type, preferred language, referring web site, and the date and time of each visitor request. Nightbank collects non-personal information to understand how Nightbank visitors use their website.

Nightbank also collects potentially personally identifiable information such as Internet Protocol (IP) addresses. However, Nightbank does not use such information to identify its visitors and does not disclose such information.

3. Collection of personal information

Certain NightBank visitors choose to interact with Nightbank in a way that NightBank needs to collect personally identifiable information. The amount and type of information Nightbank collects depends on the type of interaction. For example, Nightbank asks visitors who register to provide sleep or seek a place to sleep, provide a username and an email address. Nightbank collects such information only when necessary or appropriate to fulfill the purpose of the member's interaction with Nightbank. Nightbank does not disclose personal information other than those described below to third parties. Members may refuse to provide any personal information at any time, except that they may be prevented from doing certain activities related to the Site.

4. Protection of certain personal information

Nightbank will not rent or sell personal information that may contain personally identifiable or personally identifiable information to third parties.

Members who register to receive the Nightbank Newsletter and provide their email address will occasionally receive an email from Nightbank informing them of new features, asking for feedback, or providing news Nightbank and the community to be kept up to date. Nightbank primarily uses his blog to communicate this type of information.

Nightbank takes all measures necessary to prevent unauthorized access, unauthorized use, alteration or destruction of potentially personal and personally identifiable information.

X. INTELLECTUAL PROPERTY

Any photo or content uploaded to the Nightbank website is the property of Nightbank. Nightbank reserves the right to use these photos for commercial or promotional purposes on any media of their choice in Germany and worldwide. By posting photos on the site, the member agrees to the terms of use of the site.

XI. TESTING AND MODERATION

1. Review and moderation of photos

Each photo uploaded to the site is subject to review and is validated by a member service moderator.

Nightbank reserves the right to change the photos uploaded by its members to ensure that each member receives a maximum contact rate.

2. Examination and moderation of discussions

Nightbank offers its members a secure platform for an attentive and respectful conversation. Nightbank promotes multicultural tolerance and wishes respectful interaction among its members.

Nightbank therefore does not tolerate intolerant or abusive language on its discussion platform. Any member who commits an insult of racist, homophobic, or anti-Semitic nature, or any other insult of any other member on the Discussion Board, will be severely sanctioned by Nightbank and will be reported. Any discussion of an unsolicited erotic nature, any verbal aggression, hatred, violence or proselytism in all its forms is sanctioned.

Any use of the discussion platform to promote a product, commercial service or any other form of advertising is strictly prohibited. The discussions within the message area of ​​the page are not private and can be read and moderated by the staff of Nightbank. The goal of this newsroom is to facilitate the exchange between travelers and spacers in order to agree on an overnight stay. Any use of the newsroom by a member who does not comply with the moderation charter may be subject to a temporary or permanent suspension of its account.

XII. LIMITATION OF LIABILITY

Nightbank strives for the initiatives to use the donated money for the purpose chosen by the Traveler and the Spacer. Initiatives are required to use the money for the purpose stated on the Nightbank website. The initiatives provide Nigthbank with proof of the use of the money. A member has no legal right to use the donated money for a specific purpose. If the funds required for a project can not be collected through donations, the project can not be realized, or the initiative uses the money donated for its obligations to the Nightbank for other purposes, the member is not entitled to any repayment or other legal action against the Nightbank or the initiative.

XIII. APPLICABLE LAW AND JURISDICTION

These terms of use and the use of the services are subject to German law. Jurisdiction is Berlin

XIV. ASSIGNMENT

Members may not assign or transfer their rights and obligations without the prior written consent of the other party and Nightbank.

 
CONTACT

If you have questions about these terms, please contact Nightbank at info@nightbank.org