This version was effective up to the end of December 2020. Please see the most recent version here.
General Terms and Conditions (GTC) for the use of the HomeToGo portal
(1) The HomeToGo GmbH, Pappelallee 78/79, 10437 Berlin (hereafter referred to as “HomeToGo”) provides a technical interface that enables commercial and private providers of accommodation (hereafter referred to as “Providers”), to place offers of holiday apartment or overnight stay accommodation in a database that can be linked with the Providers’ various booking websites. Users seeking accommodation (hereafter referred to as “Users”) shall be granted access to this database via www.hometogo.com and/or other websites operated by HomeToGo and directed to the website of the Provider of the holiday apartment or overnight accommodation in order to carry out the booking process.
(2) These terms and conditions regulate the use of the database via the aforementioned HomeToGo websites and include access from mobile websites and any application (“App”) developed by HomeToGo as well as any portals or applications for mobile devices provided by third parties. These terms and conditions apply exclusively; HomeToGo rejects the application of any alternative terms and conditions imposed by the User.
(3) The usage of all websites operated by HomeToGo and the provided data bases („Our Website“) is only permitted for private use. A commercial usage of Our Website is explicitly prohibited. Our Website is not to be used for false, fraudulent or speculative reservations, neither for reservations to cover future demand. By using Our Website you confirm to abstain from the following actions and measures without previous written consent by HomeToGo:
- To access our website by using a manual or automated process that exceeds the purpose of personal use or the inclusion of HomeToGo into a search index. The use of automated systems or a software to extract data from Our Website (so called „screen scraping“), is prohibited for non-commercial and commercial purposes.
- To infringe on existing restrictions in robot-exclusion-headers on Our Website or to circumvent measures that restrict or prevent the access to Our Website.
- To use a device, software or program that affects or tries to affect the regular functionality of Our Website, or to carry out an act that inappropriately strains our servers, computer or network.
HomeToGo reserves the right to end, suspend or limit the access to all or specific components of Our Website at our own discretion without previous announcement and under exclusion of any liability.
2. HomeToGo services for users
(1) HomeToGo provides a targeted search function that enables Users to identify the most suitable Provider’s offer in the database and then forwards the User to that Provider’s site or puts the User directly in contact with the Provider. HomeToGo is therefore not the service provider for any of these websites. Specifically, the use of HomeToGo services does not give rise to a package travel contract with HomeToGo in the sense of § 651a German Civil Code (BGB).
(2) Where a search returns a large number of results, the results displayed shall be limited to a specific amount to guarantee search functionality.
(3) Users may use the HomeToGo database free of charge.
(4) HomeToGo advises that offers posted by Providers may be subject to a commission in the event of a successful booking contract. The manner in which this contract between the User and the Provider is formed and any content within such contract must be consistent with the law and with any agreement between the two parties concerned.
(5) HomeToGo may permit its services to be provided by third parties.
(6) As HomeToGo provides its services free of charge, the User has no right to damages or the enforcement of the contract. HomeToGo retains the right to cancel the offer at any time without notice.
3. HomeToGo is not liable for offers or subsequent booking contracts
(1) HomeToGo is solely the technical services provider, only enabling a search for suitable offers. HomeToGo will not publish their own offers on the aforementioned websites, nor does HomeToGo assume any liability for any offers made. The Provider carries sole responsibility for all and any offers posted on the aforementioned websites and any other websites linked to by HomeToGo, along with any related declarations of intent. HomeToGo does not assume any liability for the accuracy or currency of the information posted by the Provider, particularly where this information is stored on a mobile device.
(2) Any contracts or bookings of overnight stays and/or use of holiday apartments exist solely between the Provider and the User. HomeToGo is exempt from any contractual regulation, agreement or claim existing between the User and any external booking agent. Bookings shall be governed exclusively by the General Terms and Conditions of the service provider or travel agency, particularly with regard to cancellation and withdrawal. The booking service provider or travel agency remains the sole point of contact for booking and payment processes, as well as any questions relating to that contract. HomeToGo is not able to provide any information on these matters.
(3) The previous paragraphs (1) and (2) remain effective provided that and if HomeToGo captures bookings or booking inquiries or the associated data and information itself, for the purpose of the transmission of a booking or booking inquiry to the provider (e.g. within the scope of express bookings or inquiry forms).
(4) Offers will be updated at least once daily via a technical interface.
(1) The prices indicated in the offer(s) shall be determined by the Provider and communicated to HomeToGo at least once daily.
(2) Offer price is understood to be to the final price for the accommodation, however responsibility for ensuring that prices are appropriate and accurate rests with the Provider. While HomeToGo endeavours to present the total cost of the offer, additional charges may be levied by the Provider’s booking website.
(1) HomeToGo is not liable for the accuracy, quality, completeness, reliability or credibility of Provider created content and/or offers. In particular, HomeToGo does not provide any recommendation or further information regarding the choice of Provider and/or offer.
(2) HomeToGo is not liable for any technical disruption where the cause lies outside of HomeToGo’s field of responsibility, or caused by force majeure.
(3) HomeToGo does not guarantee uninterrupted access to data. HomeToGo retains the right to conduct technical maintenance as required for as long as necessary.
(4) HomeToGo is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act.
(5) Limitations to HomeToGo’s liability also apply to the personal liability of all employees, representatives and agents.
6. User accounts
(1) For some services offered on the aforementioned HomeToGo websites, a so-called user account is required. Please follow the respective instructions of HomeToGo in the course of the registration.
(2) A user account can be set up with the personal e-mail address or the personal profile of a social network (e.g., Facebook, Google). A user account is also created when you use your email address to register for other HomeToGo features via email and confirm your email address in the process.
(4) Changes to User information can be made in the User Profile. Users may also register via “Facebook Connect”. The data required for successful registration will be transferred from the User’s Facebook account
(5) The user account can be accessed from any device. The user is given a personal login link via email or can use the personal profile of a social network (eg Facebook, Google) used for the registration to login.
(7) The deletion of a user account can be caused by an e-mail to [email protected].
(2) Personal information is only provided, processed and utilised with the consent of the User or where the collection, processing or use of such data is permitted by law.
8. Changes to GTC
(1) HomeToGo retains the right to make changes to the GTC with appropriate notice of at least six weeks. In the case of any changes, HomeToGo shall announce the changes on the website, and nominate the date at which the changes are to enter into effect.
(2) Where the User does not reject these changes within six weeks from the announcement date, the amended GTC shall be deemed accepted by the User. Users shall be reminded of this in the Changes to Conditions announcement.
9. Final conditions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG). The place of execution and the court of jurisdiction for all disputes arising from or related to this contract with traders, legal entities under public law or public bodies is Berlin.
(2) Please note that even if our services including these General Terms and Conditions are offered and outlined in English, in any case of any deviation between the English and the German version, the German language version will prevail. The German Version can be found under the following link: https://www.hometogo.de/impressum/#agb
(3) Should one of these General Terms and Conditions become invalid in whole or in part, or unworkable under law, this does not effect the validity of the remainder of the contract.
(4) The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/
HomeToGo does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.