1. Acceptance of Terms
1.1 By accessing our Site and/or using our Service as a potential Guest or Host, You agree to be bound by these Terms, which You acknowledge to have read and understood.
1.2 We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms on a regular basis to keep yourself informed of any changes.
1.3 By using this Site, You agree that the posting of new or revised Terms on the Site shall constitute adequate and constructive notice to You of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the Site shall constitute Your consent to such changes.
2. Our role
3.1 Guests can offer to make a booking through the Site by following the processes for making a booking request set out on the Site and clicking on the appropriate confirmation button or booking link (via Your Account or email). It is important that Guests check the information entered and correct any errors before making a booking request since once You click on such button or link, input errors cannot be corrected.
If at any time prior to clicking on the appropriate confirmation button or link, You (the Guest) decide that You do not wish to proceed with Your booking request, You should close the application window.
3.2 Once Your booking request has been made, We will then notify the concerned Host by email and in their Account to accept or reject the booking request. Hosts are required to either confirm or reject Your booking request within 36 hours of that request, after which the booking request shall automatically expire. If the booking request is subsequently accepted by the Host through our Site, You will receive an automated email confirming the Host’s booking confirmation and the Host’s relevant contact details, and Your relevant contact details will also be forwarded to the Host. The payment process described under Section 4 below will also apply upon receipt of a booking confirmation.
3.3 Once such contact details have been provided, all communication for example, concerning details and information about the booking and rental transaction, including, without limitation, arrival times and handling of keys, should be direct between You and the Host through our Site as facilitated by our Service where required/applicable.
3.4 You will be able to access details of Your booking confirmation through Your Account. The Site is offered in English, French, German and Spanish and the language of the Site may be changed by a Guest when using the Site to make a booking request.
3.5 Upon receipt of a booking confirmation, Guests enter into a direct contract with the concerned Host. Hosts are not obliged to make any property available until a booking confirmation has been sent by the Host via the Site to Guests and a Guest is not guaranteed a booking with a Host until payment has been made by the Guest subject to these Terms. However, upon issuing a booking confirmation, Hosts shall be responsible for providing the accommodation referred to in the booking confirmation.
3.6 If a Guest requests a booking, they will be responsible and liable to pay the relevant Host in full the rental rate due for such booking if accepted by the Host subject, in each case, to these Terms and any other terms and conditions specific to the booking as agreed between a Guest and their Host. In order to secure collection of such payment, Guests will be asked during the booking process to provide payment card information and billing address. HelloApartments will also obtain a pre-authorisation on Your payment card for the total amount of Your booking request to ensure that You have the necessary amount of funds available to cover the transaction. If Your booking request is accepted by the Host for the dates set out in Your request, the payment process described under Section 4 will apply. If a booking request is refused, expires or is cancelled, any pre-authorisation of Your payment card will be released or as applicable, shall expire after a period of up to 30 days unless you contact us to request an earlier release.
3.7 As a Guest, if You cancel Your booking, the provisions and refund levels of Section 5 below will apply. Please note that no refunds will be provided after the last deadline set out in the cancellation policy selected by the concerned Host. Furthermore, our Fees (as defined below) are non-refundable.
3.8 Any monies collected and received by HelloApartments from Guests for bookings made on the Site shall be held by HelloApartments subject to a conditional obligation to transfer or account for such monies to Hosts less our Fees.
4.1 Should You decide to book a stay with a Host and the rental transaction is concluded with such Host via the Site, You, as a Guest, acknowledge and agree that You shall be required to pay an amount equal to the fees displayed in the Host’s listing on our Site and confirmed in each booking confirmation as agreed with a Host. The fees displayed in a Host’s listing have three components: (1) the rental rate and any additional charges (included at the Host’s discretion) as solely determined and set by the Host (and not HelloApartments) in respect of the rental transaction, plus any applicable taxes and VAT, (“Host Fee”) –please see Section 8 below for information on any additional charges (for example, cleaning fees) that a Host may have decided to charge and collect separately from the Host Fee; (2) a service fee, chargeable and disclosed to Hosts by HelloApartments based upon a percentage (typically between 10% and 20%) of the Host Fee, in consideration of supplying our Service to Hosts to the extent that such supplies enable such Hosts to connect and conclude transactions with Guests and which shall be added by way of a mark up on top of the Host Fee; and (3) an administrative fee of 1% of the Host Fee and service fee, which fee shall be chargeable to a Guest and shall also be added to the Host Fee as payment to HelloApartments for processing Guests’ payment for bookings and various internal procedures linked to handling Guests’ forms of payment (the items at (2) and (3) collectively being HelloApartments’s “Fees”). Our Fees are non-refundable and exclusive of any applicable Taxes and VAT which may be charged in addition thereon, and shall be added to the Host Fee to calculate the total amount payable by the Guest for the stay.
4.2 HelloApartments shall collect a payment from You equal to a percentage of the Host Fee (20-100% of the total amount decided by the host, from now on Prepayment) and our Fees through the Site immediately when the Host accepts Your booking and a booking confirmation is sent to You by the Host which, as a Guest, You agree to pay for any booking You have requested that is so accepted by the Host. The difference among the Host Fee and the Prepayment shall be paid to the host by the guest directly at the time of the check in.
4.3 Hosts set the currency in which they require payment. For Guests’ convenience, the Site can display prices in a choice of currencies. Such converted prices are for information only and Guests payment cards will be debited in the currency set by the relevant Host and HelloApartments disclaims all or any liability in respect of any additional charges that may be charged to a Guest by his or her bank related to Our collection of the payment in the currency set by the relevant Host.
4.5 As a Guest, You hereby authorise and agree that HelloApartments shall debit (whether directly or indirectly via a third party payment processor, subject to that third party’s terms and conditions) Your payment card of the amount of the Prepayment plus our Fees upon confirmation of Your booking by the Host. You also agree to pay any other charges agreed with the Host before the booking confirmation that weren’t included in the payment when You arrive at the property or as otherwise agreed with the Host. You will receive a further notification email for receipt of the payment.
4.6 The payment shall be taken by a debit of the Prepayment plus our Fees from one of the acceptable payment methods listed on the Site, which may include debit and credit card (Eurocard/MasterCard, Visa, American Express or Diners Card) and such payment shall be taken in the currency set by the Host. Payments by cash or cheque are not accepted, and accordingly HelloApartments cannot be held liable for any loss of cash or cheques. You will also be asked to provide customary billing information such as name, billing address and payment information. As a Guest, You agree to pay all fees and charges contained in the Host’s booking confirmation as accessed through Your Account, irrespective of whether the Service was accessed by You or by a third party using Your Account. It is Your responsibility to take all measures that are necessary to ensure that Your password remains secret and to prevent the use or misuse of such password by any unauthorised person. You shall notify HelloApartments promptly if You discover or suspect that Your password has become accessible to or has been misused by any unauthorised third party, so that We can block Your account.
4.7 In some circumstances, and in addition to the billing and payment information You provide under paragraph 4.6 above, We or the Host may require You to produce some proof of Your identity. This can be requested at the time of booking, during payment processing or at any other time thereafter (including after You have started Your stay). We reserve the right to cancel Your booking if You do not provide such proof of identity when requested.
4.8 We reserve the right to alter the prices and other content and other services shown on the Website. You will be advised of the current price of the holidays and services that you wish to book before your booking is confirmed.
5. Changes and cancellations by Guests
5.1 If Guests want to change their booking, such Guests will need to contact and communicate with their Host directly on such changes. Guests should note however that as they have previously agreed and accepted terms with the Host in respect of the booking, the Host is entitled to, and may therefore, charge Guests additional charges for such changes.
5.2 Guests can cancel their booking at anytime subject to and in accordance with the cancellation policy selected by the concerned Host and payments due under such policy in the event of a cancellation will be deducted from any refund to Guests and remitted by us to Hosts (We will retain our Fees, which are non-refundable). To cancel a booking, Guests should contact HelloApartments.
5.3 Cancellation policies protect both Hosts and Guests in the event of cancellations. There is currently one cancellation policy and the such policy will be displayed in the booking summary page and the booking confirmation email. Guests are advised to carefully read these Terms, the booking summary page and the booking confirmation, particularly in relation to the cancellation policy selected by the Host:
- Bookings cancelled up to 2 months before the start of the stay will receive a 100% refund (after our Fees have been deducted)
- Bookings cancelled up to 1 month before the start of the stay will receive a 50% refund (after our Fees have been deducted)
- Bookings cancelled within 30 days of the start of the stay will not be entitled to any kind refund.
- Cancellations must be made by 12 midday CET (Central European Time) on the appropriate day
6. Cancellations by Hosts
6.1 Hosts should not cancel bookings as Hosts enter into a binding contract with Guests to supply the requested accommodation when they confirm a booking. If a Host has no choice but to cancel, they must contact HelloApartments as soon as possible and the Host Cancellation Policy as it will apply to all and any cancellation initiated by the Host and carries consequences for the Host and their listings and accounts.
6.2 We will assist the Guest by attempting to arrange suitable alternative accommodation including, for example, by putting the Guest in contact with another Host and/or by providing details of alternative listings, but in each and every case, We make no undertaking and shall not be under any obligation in such respect. As a Guest, You acknowledge and agree that your payment (or applicable part thereof) shall be applied in relation to any confirmed alternative booking request/accommodation, in accordance with these Terms. In the event no such alternative accommodation is or can be located and/or You do not accept the suitable alternative listed property offered by the Host or by a new Host, Your payment will be refunded to You but no further payments or refunds will be made.
7. Cancellations by HelloApartments
A stated in clause 4.7 above and clause 7.14 of the Host Cancellation Policy, or any other reasonable purpose. In such cases the cancellation policies will not apply, hosts will receive no payment for the cancelled booking and where appropriate, a full refund will be made to the card used for the booking.
8a. Minimum Quality Standard Issue
A “Minimum Quality Standard Issue” means any one of the following:
(a) the Host of the property cancels a booking last minute, which is defined as a cancellation made 7 days or less before the check-in date of the relevant booking or fails to provide the Guest with access to the property (e.g., by providing the keys and/or a security code); or
(b) the property is not as described in its listing on the Site in some material aspect, such as: (i) the size of the property and/or number of bedrooms, bathrooms, kitchen or other rooms; (ii) type of property (private room or Entire property);(iii) facilities ticked or features mentioned in the listing description are not provided or do not function, such as kitchen appliances (fridge, oven, etc.),bathroom content (shower/bathtub, etc.), balcony, pool, and electrical, heating or air conditioning systems; or(iv) the physical location of the property (i.e. street, proximity to monuments, attractions, beaches or other landmarks); or
(c) on check-in, the property: (i) is not generally clean and sanitary; (ii) contains health and safety hazards that would be reasonably expected adversely to affect the Guest’s stay; or (iii) has vermin or contains pets not disclosed in the listing.
8b. Requirements to place a Qualifying Claim
Only a Guest may submit a claim for a refund. A Claim is considered a “Qualifying Claim” when it relates to one or more of the Minimum Quality Standard Issues above, and meets each of the following conditions:
(a) the Guest must make the Claim through the Contact Us Form or via telephone;
(b) the Guest must clearly state their booking number and/or email address given when the Booking was made;
(c) the Guest must provide evidence of their claim such as photographs or videos and at Our request must provide Us with any additional information on the circumstances of the Minimum Quality Standard Issue;
(d) no member of the Guest’s party has directly or indirectly caused the Minimum Quality Standard Issue, whether through their action, omission or negligence; and
(e) the Guest must have made reasonable efforts to try to remedy the Minimum Quality Standard issue directly with their Host prior to making a Claim.
(f) the Guest must make the Claim within 24 hours of check-in. If the Claim relates to a Minimum Quality Standard Issue occurring after 24 hours of check-in, Guest must make the Claim as soon as reasonably possible.
8c. Guest Refund Policy
HelloApartments will, at its discretion, either:
(a) refund the Guest part or all of the price paid by the Guest via the Site depending on the nature of their Qualifying Claim; or
(b) use its reasonable efforts to find and book another comparable (at HelloApartments’s reasonable decision) property for any unused nights left in the Guest’s stay. All determinations of HelloApartments with respect to this Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guest and Host concerned as between them and as between each of them and HelloApartments.
8d. Host’s Responsibilities and Refunds to the Guest
Hosts should note that they are responsible for ensuring that the Properties they list on the Site are as described in the listing, meet standards regarding access, health & safety and cleanliness, and do not present any Guest with a Minimum Quality Standard Issue. During the 24-hour period following the Guest’s check-in, Hosts should be available, or make a third-party available, in order to try, in good faith, to resolve any issue. This Guest Refund Policy is without prejudice to any statutory rights that a Guest may have as between them and their Host.
The rights of the Guest under this Guest Refund Policy supersede the Cancellation Policy chosen by the concerned Host.
If you are a Host, and if:
(a) HelloApartments determines that a Guest has suffered a Minimum Quality Standard Issue related to a property you have listed on the Site; and
(b) HelloApartments either refunds that Guest any amount up to the price paid by the Guest through the Site for the property or provides an alternative property to the Guest, you agree that HelloApartments may off-set or reduce any Host Fee owed by HelloApartments to you by the amount paid or incurred by HelloApartments.
If the Guest remains in the property affected for part or all of their stay despite the Minimum Quality Standard Issue, the Guest will receive a refund that will reduce the amount of the Host Fee ultimately paid to you.
If the Guest is relocated to an alternative property, you may lose part or all of the Host Fee for the booking and you may be responsible for any reasonable additional costs incurred by HelloApartments to relocate the Guest to the alternative property.
In the event of one or more Minimum Quality Standards Issue(s), HelloApartments reserves the right to take additional measures. These additional measures include, but are not limited to:
(a) decreasing the quality score of the listing of the property affected;
(b) leaving a 1 star review for the property affected; cancelling upcoming bookings;
(c) delisting the property;
(d) recovering costs incurred including for administrative time spent in resolving the Minimum Quality Standard Issue(s); and/or
(e) charging the sum equal to 20% of the Host Fee to cover management costs incurred in resolving the Minimum Quality Standard Issue, which the Host and HelloApartments agree is a reasonable pre-estimate of the management costs that will be incurred.
If as a Host you wish to dispute the Qualifying Claim or provide details of extenuating circumstances such as, damage to the property from a cause outside your control, (“Extenuating Circumstances”) you must notify HelloApartments promptly in writing using the Contact Us Form and provide all relevant information and evidence such as photographs, video certificates, and/or copies of correspondence disputing the Qualifying Claim or detailing the Extenuating Circumstances, provided you must have used reasonable and good faith efforts to try to remedy the Minimum Quality Standard Issue with the Guest prior to disputing the Qualifying Claim or claiming Extenuating Circumstances.
All determinations of HelloApartments concerning this Guest Refund Policy, including without limitation the validity of the Qualifying Claim, the validity of Extenuating Circumstances and the amount to be refunded to the Guest, shall be final and binding on the Guest and Host concerned, as between them and as between each of them and HelloApartments.
9. Complaints and Our Responsibility and Liability to You
For Users based in Germany and Austria the following limitation of liability set out in Section 8(i) shall apply:
(i) For slightly negligent breach of material contractual obligations - or “cardinal obligations”
HelloApartments’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.
HelloApartments accepts no liability for the slightly negligent breach of obligations other than those listed above.
Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.
The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by HelloApartments.
The User undertakes to take appropriate steps to prevent and mitigate damage.
For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 8(ii) shall apply:
(ii) Our Liability to Guests
If You have a problem during your stay, please inform the Host immediately. Since Your booking is a contract direct between You and the Host, the Host will have sole discretion in deciding how to deal with Your complaint. As a Guest, You will also be asked and entitled to leave a review about the listed property on our Site. You will however be solely responsible to resolve any dispute arising out of or related to the stay directly with the Host. Any refunds beyond the cancellation policies set out in Section 5 above will be at the Host’s discretion.
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law. Any claims arising out of Your stay in a Host’s accommodation must be brought against the Host.
To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of Your booking with a Host.
Our Liability to Hosts
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us and that cannot be excluded or limited by law. Any claims arising out of the Guest staying in Your property must be made against the Guest.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Guests and Hosts under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Host or Guest in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.