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9flats.com, the alternative to hotels. On 9flats.com, you can find thousands of affordable private apartments, holiday homes and accommodation. Whether you're searching for an apartment in Paris, a flat in New York or a loft in London, you can book securely with PayPal or your credit card. For events like the Olympics, EURO 2012 and Carnival, 9flats is the perfect place for groups and families.

Dear 9flats user,

We know that General Terms and Conditions of Business (AGB) are long and generally seen as dull. Nevertheless, it is really important that you read the following provisions 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 9flats GmbH, Schulterblatt 36, 20357 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.

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 Clause 3.9, (other) personal data are only exchanged between guest and host of 9flats with a binding booking between these parties.

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 Special services of 9flats towards the hosts (Entry of accommodation, cancellations, handling, insurance option)

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 9flats shall forward binding booking enquiries from the guests to the host. The binding contract between the guest and host comes into effect with the acceptance of the booking enquiry by the host. Booking enquiries are automatically deleted in the host’s system if another host accepts the guest’s booking enquiry beforehand.

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...