Terms & Conditions

Terms and Conditions

PART I - GENERAL

§ 1 Subject matter and brokerage role

(1) 4S Aachen GmbH, Horngasse 19, 52064 Aachen, Germany (hereinafter "platform operator") operates a brokerage platform for accommodations under the domain fairvisit.de.

(2) The platform operator provides brokerage services only and is not a party to the accommodation contract. The accommodation contract is concluded directly between the guest and the respective host.

(3) The platform operator does not owe any performance regarding the quality, availability or condition of the brokered accommodations.

(4) The platform rules apply in addition to these Terms and Conditions, form part of these Terms and are available at https://www.fairvisit.de/en/plattformregeln.

§ 2 Limitation of liability

(1) The platform operator is not liable for the performance obligations arising from the accommodation contract. Claims for defects, non‑performance or other breaches of duty under the accommodation contract must be asserted exclusively between guest and host.

(2) In the case of slightly negligent breach of material contractual obligations, the platform operator's liability is limited to the typical, foreseeable damage. Material contractual obligations are those whose fulfillment makes proper performance of the contract possible in the first place and on which the contractual partner may regularly rely.

(3) Liability for force majeure is excluded.

(4) The above limitations of liability also apply in favor of the platform operator's vicarious agents.

§ 3 Data protection

(1) Processing of personal data by the platform operator is carried out in accordance with the platform operator's privacy policy, available at https://www.fairvisit.de/en/datenschutz.

(2) Hosts are independent controllers within the meaning of the GDPR for the processing of guests' personal data arising from the accommodation contract.

§ 4 Dispute resolution

(1) The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/.

(2) The platform operator is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(3) For disputes between guest and host, reference is made to the platform rules and the dispute resolution process set out there.

§ 5 Applicable law and jurisdiction

(1) All legal relationships between the platform operator and users are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) For consumers within the meaning of Sec. 13 BGB, this choice of law applies only insofar as mandatory consumer protection provisions of the state of their habitual residence are not deprived.

(3) If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the user and the platform operator is the registered office of the platform operator.

§ 6 Changes to these Terms and Conditions

(1) The platform operator reserves the right to amend these Terms and Conditions where necessary and where the changes are reasonable for users.

(2) Changes will be notified at least 30 days before they take effect by email and by notice on the platform.

(3) Changes require the user's consent. Consent is given by express confirmation on the platform (e.g. at next login). Material changes will be presented to the user in comparison with the previous version. If the user does not consent to the changes within 30 days of their effective date, the platform operator may restrict the ability to create new bookings until consent is given. The right to extraordinary termination under paragraph 4 remains unaffected.

(4) If the user objects in due time, the platform operator may terminate the contractual relationship with extraordinary effect.

PART II - FOR GUESTS

§ 7 Contract conclusion and booking process

(1) The presentation of accommodations on the platform constitutes an invitation to submit an offer (invitatio ad offerendum).

(2) For instant‑book listings, the listing constitutes a binding offer by the host. The guest accepts this offer by completing the booking process. The accommodation contract is concluded upon receipt of the booking confirmation by the guest.

(3) For listings requiring approval, the guest submits a binding offer to conclude an accommodation contract by completing the booking process. The contract is concluded upon the host's acceptance. Acceptance becomes effective upon receipt of the confirmation by the guest.

(4) The concluded accommodation contract is binding for both parties.

§ 8 Prices and payment

(1) The guest pays the total amount shown at booking. This consists of: – the accommodation price (the nightly price including any additional host fees such as cleaning fees, less any applicable discounts), – any statutory fees (e.g. local tourist tax), – and any portion of the commission passed on by the host (service fee). The individual components are shown transparently to the guest before completing the booking process.

(2) Payment is made at booking via a payment service provider selected by the platform operator.

(3) Payout of the accommodation price and any statutory fees to the host is made after the booking, minus the commission.

(4) The host sets a free cancellation period of up to 30 days before the check‑in date. This is displayed to the guest before completing the booking. If the guest cancels at least as many days before the check‑in date as the cancellation period requires, the total amount paid is refunded less a processing fee of up to 2% of the total amount. The amount of the processing fee is at the discretion of the platform operator. If the guest cancels after the cancellation period has expired, there is no entitlement to a refund. If the accommodation is fully or partially re‑let via the platform during the period of a non‑refundable cancellation, the guest is entitled to a proportionate refund. The refundable amount is based on the ratio of re‑let nights to the original booking period, up to the amount originally paid for the nights in question. The platform operator informs the guest of any re‑letting.

(5) After completing the booking process or after confirmation by the host, the guest has a payment deadline of up to four days to complete the payment. The exact deadline is shown to the guest on the payment page. If payment is not received by the payment service provider within this period, the booking is automatically cancelled; no accommodation contract is concluded. If a payment is received after the deadline has expired or after a cancellation has already taken place, the full amount will be refunded to the guest without deductions. The cancellation terms pursuant to paragraph 4 and § 11 paragraph 4 only apply from the effective date of the accommodation contract (receipt of payment).

(6) If the platform operator advances the refund payment to the guest in whole or in part from its own funds because the host's balance with the payment service provider is insufficient (advance payment), the guest's refund claim against the host is assigned to the platform operator in the amount advanced. By completing a booking, the guest consents to this assignment. The platform operator is entitled but not obliged to make such advance payments.

§ 9 Guest obligations and liability

(1) The guest must provide truthful and complete information when booking and registering, in particular regarding data required for invoicing.

(2) The guest is liable to the host for damage to the accommodation and its furnishings caused by the guest or by persons brought along or admitted by the guest.

(3) The guest acknowledges that the platform operator is entitled to assert the host's claims for damages against the guest in the host's name and on the host's behalf.

PART III - FOR HOSTS

§ 10 Listing creation and contract conclusion

(1) The host must provide truthful and complete information about the accommodation in their listings.

(2) For instant‑book listings, the listing constitutes a binding offer by the host to conclude an accommodation contract. The guest accepts this offer by completing the booking process. The accommodation contract only takes effect upon full receipt of payment by the payment service provider.

(3) For listings requiring approval, the guest submits an offer to conclude an accommodation contract by completing the booking process. The host accepts the offer by issuing a confirmation. The accommodation contract only takes effect upon full receipt of payment by the payment service provider.

(4) The host must keep the availability of their accommodation up to date. The platform operator provides an automatic synchronization function, the implementation and use of which is the host's responsibility.

§ 11 Commission and payout

(1) For each accommodation contract concluded via the platform, the platform operator is entitled to a commission. For accommodations listed directly via the platform, the commission is a percentage of the accommodation price and is shown transparently to the host before contract conclusion. The host may pass a limited portion of the commission on to the guest; the maximum pass-through amount is determined by the platform operator. The platform operator may grant individual users or user groups different commission rates. § 13 applies to partner accommodations.

(2) Payment of the total amount by the guest is made via a payment service provider selected by the platform operator.

(3) Payout of the accommodation price and any statutory fees is made after the booking, minus the commission, to the host.

(4) The host sets a free cancellation period of up to 30 days before the check‑in date. If the guest cancels in time within this period, the total amount paid is refunded less a processing fee of up to 2% of the total amount; the commission is refunded to the host. If the guest cancels after the period has expired, the host retains the accommodation price and the commission remains with the platform operator. If the accommodation is fully or partially re‑let via the platform during the period of a non‑refundable cancellation, the host is obliged to provide a proportionate refund to the guest. The platform operator informs both parties and assists with the calculation.

(5) If a booking is cancelled by the host, the full amount paid by the guest is refunded in full. The host may reclaim the commission paid less a processing fee of up to 2% of the total amount from the platform operator.

(6) The host authorises the platform operator to collect due claims arising from the contractual relationship — in particular refunds to guests as a result of cancellations or a suspension under these Terms and the platform rules, outstanding commissions, as well as amounts the platform operator has advanced to guests pursuant to § 8(6) — via the granted SEPA direct debit mandate, provided such a mandate has been granted. Alternatively, collection may be made via the payment service provider.

(7) The host authorises the platform operator to assert any claims for damages the host may have against guests arising from the accommodation contract in the host's name and on the host's behalf. This includes engaging debt collection agencies or lawyers. The platform operator is entitled but not obliged to do so.

(8) The platform provides the host with automatic invoice generation. The host is responsible for the accuracy of their stored information (address, tax number/VAT ID, small business status). The host may deactivate automatic invoice generation at any time by email to support@fairvisit.de or via the support chat. In this case, the host is responsible for invoicing the guest.

§ 12 Host obligations

(1) The host should respond to guest inquiries and messages within 24 hours. This serves quality assurance and trust in the platform.

(2) The host must comply with all legal requirements applicable to renting the accommodation, in particular in the areas of commercial law, tax law and any registration obligations as well as municipal and local regulations (e.g. housing protection rules, tourism levies). Where accommodations in Germany are concerned, the platform operator provides the registration data collected during the booking (arrival and departure date, name, address, nationality and, for non‑German guests, date of birth and ID/passport number) to the host upon request via self‑service download. The host remains responsible for compliance with the registration obligations.

(3) The host must not discriminate against guests on the basis of race, ethnic origin, religion, ideology, disability, age, sexual orientation or gender. This applies without prejudice to the provisions of the General Equal Treatment Act (AGG).

PART IV - PARTNER ACCOMMODATIONS

§ 13 Partner accommodations (mediation via third-party partners)

(1) A portion of the accommodations mediated via the platform are not listed directly by platform users but are provided through cooperating mediation partners (e.g. channel managers). Such accommodations are marked as "partner accommodation" in the listing.

(2) For partner accommodations as well, the accommodation contract is concluded directly between the guest and the host; the platform operator remains exclusively a mediator within the meaning of § 1(2).

(3) For partner accommodations, payment processing as well as the handling of cancellations may be carried out by the respective mediation partner instead of the platform operator. The applicable conditions — in particular the payment service provider, cancellation periods and refund rules — are made transparent to the guest before completing the booking. Insofar as payment processing does not run through the platform operator, § 8(2) and § 8(4) to (6) do not apply; the corresponding protective mechanisms are ensured via the mediation partner.

(4) Hosts of partner accommodations are not necessarily platform users within the meaning of § 1. Obligations and authorisations that address a direct platform host — in particular § 11(6) (SEPA direct debit), § 11(7) (engagement of debt collection) as well as all obligations under § 12 — apply to such hosts only insofar as they are enforceable through the contractual relationship between the platform operator and the mediation partner. Otherwise, the platform operator refers inquiries to the mediation partner.

(5) The commission for the mediation of partner accommodations is settled directly between the platform operator and the mediation partner; § 11(1) sentences 2 and 3 do not apply in this regard.

(6) Invoices for partner accommodations are generally issued directly by the host or by the mediation partner. Automatic invoice generation under § 11(8) does not apply to partner accommodations.

(7) Insofar as the platform operator displays third-party reviews (e.g. from a review platform of the mediation partner) on the detail page of a partner accommodation, these are marked as external reviews. Reviews submitted via the platform remain subject to § 5 of the platform rules.