Terms And Conditions

1. Term of Use

This website (including sub-sites and including text, images, videos, software, products, services and other information contained in or presented on the website; all together the "Website") is provided by VNG Property Gayrimenkul Yonetim Hizmetleri A.S., Emirgan Mah. Koru Yolu. Cad. 26 No.1 Sariyer, Istanbul, Turkey registered VAT No: 9250758661. You can contact us by email ([email protected]) or by phone:
Land Line: +90 212 282 82 31
Mobile: +90 542 477 09 30

Bookings through www.vngproperty.com are subject to the General Terms and Conditions of VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

2. Application of Terms of Use.

Term of Use, together with our Privacy Policy, apply to any use of this Website. Visitors of the Website (User/You) may use the Website only on condition that they accept the Term of Use and read and understood the Privacy Policy. Continuing to use our Website means you have fully read and understood the Terms of Use and Privacy Policy and agree to be bound by all parts of the Terms of Use.

3. No Offer

The information on this Website is for general informational purposes only and does not constitute an offer binding to us. Binding agreements with Hosts of activities available on the Website require a booking request through the vngproperty.com Platform and the Host's acceptance of the booking request according to VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

4. No warranty

While VNG Property Gayrimenkul Yonetim Hizmetleri A.S. tries to to ensure that the information in or through the Website is accurate, it does not provide any warranties in relation to its correctness, completeness, current, reliability, suitability for any purpose or otherwise (including for any information provided by third parties). VNG Property Gayrimenkul Yonetim Hizmetleri A.S. may change, add or remove information on the Website and its structure and functions at any time at its sole discretion, without specifically informing of any such change, and without removing outdated information or characterizing it as such. VNG Property Gayrimenkul Yonetim Hizmetleri A.S. may also block Users from accessing the Website or parts of it, or requires certain conditions to be fulfilled for such access. VNG Property Gayrimenkul Yonetim Hizmetleri A.S. does not provide any warranties, express or implied, in relation to the availability of the Website or its functions, that the Website is free from defects, or that the Website and the infrastructure on which it runs is free from viruses and other harmful software. Moreover, VNG Property Gayrimenkul Yonetim Hizmetleri A.S. does not guarantee that information available on the Website has not been altered through technical defects or by unauthorized third parties.

5. Limitation of liability

VNG Property Gayrimenkul Yonetim Hizmetleri A.S. excludes its liability, and that of its agents and independent contractors, and its and their employees and officers, and its sub-agents or distribution partners for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be, except liability for damages caused willfully or through gross negligence, and only to the extent permitted by applicable law. Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on product liability regulation.

6. Third party content, links to other websites

VNG Property Gayrimenkul Yonetim Hizmetleri A.S. does not assume any responsibility for third party content (including any activities available for booking requests, and information relating to such activities) that may be available through the Website, and for content linked to the Website or which are linked to from it or referred to. VNG Property Gayrimenkul Yonetim Hizmetleri A.S. does not recommend or endorse such content, and will not have any liability relating to it. VNG Property Gayrimenkul Yonetim Hizmetleri A.S. links to third party websites, you use such websites at your own risk. We recommend reading the policies of these websites and review how these websites may process personally identifiable data relating to you. If you think we have illicit content on the Website, please send an email to [email protected].

7. Limited vngproperty.com App license

VNG Property Gayrimenkul Yonetim Hizmetleri A.S. hereby grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, worldwide right to use the vngproperty.com App according to these Terms of Use and provided that you are and will always be in compliance with these Terms of Use. You may (i) only use the vngproperty.com App in object code form and for your personal purposes (if you are a consumer) or for your internal business purposes (if you are a business); (ii) only use such number of copies of the vngproperty.com App and make such number of backup copies of the vngproperty.com App as may be necessary for its lawful use; (iii) not nor permit any third party to copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the vngproperty.com App in whole or in part; (iv) not rent, lease, sub-license, loan, translate, merge, adapt or modify the vngproperty.com App or any associated documentation; (v) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the vngproperty.com App nor attempt to do any such things.

8. Intellectual property rights

As between you and VNG Property Gayrimenkul Yonetim Hizmetleri A.S., the Website is and remains protected by copyright and/or any other intellectual property rights (including protection granted through unfair competition law). You acquire no rights in the Website, and in any names, trade names, and distinctive signs of any nature (including trademarks) published on the Website. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.

9. Amendments to the Terms of Use

VNG Property Gayrimenkul Yonetim Hizmetleri A.S. may amend these Terms of Use at any time and with immediate effect. If we make amendments, they apply as of the date of their publication on the Website. VNG Property Gayrimenkul Yonetim Hizmetleri A.S. expects you to regularly refer to this section to make sure you are familiar with the applicable Terms of Use. Any further use of the Website following such amendments means you consent to the amendment.

10. Introduction

10.1 VNG Property Gayrimenkul Yonetim Hizmetleri A.S., Emirgan Mah. Koru Yolu. Cad. 26 No.1 Sariyer, Istanbul, Turkey runs an intermediary Platform for users offering in the form of an online offer via the internet and apps (hereinafter jointly referred to as the “vngproperty.com Platform”). On the vngproperty.com Platform users have the chance to find and book rental homes. The offers are placed online by a range of local Hosts (hereinafter referred to as “Hosts”) with whom the respective contract for services is concluded (“service agreement”). The Hosts’ services can be accessed via the vngproperty.com Platform and bookings can be made.

10.2 VNG Property Gayrimenkul Yonetim Hizmetleri A.S approaches both, consumers and companies. For the purposes of these General Terms and Conditions, the following applies:

a. A “consumer” is any individual person who has concluded a contract for purposes which cannot be predominantly assigned to commercial or independent work activities

b. A “company” is a natural person or legal entity, or a partnership, which is performing its commercial or independent activities by concluding this contract

c. The “user” denotes a natural person, unless this person has been explicitly registered with VNG Property Gayrimenkul Yonetim Hizmetleri A.S as a legal entity. The actions and omissions that take place during the registration of a legal entity are allocated to a natural individual, unless they are carried out within the framework of their power of attorney for the legal entity. The “user” subsequently also includes users referred by sub-agent or distribution partners.

11. Subject matter of part II of these General Terms and Conditions

These General Terms and Conditions apply to any use of the vngproperty.com Platform, such as via the internet and apps. The contractual relationship between the user and VNG Property Gayrimenkul Yonetim Hizmetleri A.S generally only comprises the proper referral of users to the respective Host, or the transfer of data via users who are provided by a sub-agent. VNG Property Gayrimenkul Yonetim Hizmetleri A.S does not appear itself as the organizer, lessor, seller or other contract partner with regards to the rental service agreement with the user. Consequently, part II of the General Terms and Conditions of VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall apply to offers on the vngproperty.com Platform and the provision of users to the Host. Part II of the General Terms and Conditions applies to the use of vngproperty.com Platform by cooperating partners (sub-agents or distribution partners), subject to special contractual agreements concluded with the respective cooperating partner. The contractual conditions of the Host, as per part III of these General Terms and Conditions, apply to the respective rental service agreement between the user and the Host.

12. Registration

12.1 The use of vngproperty.com Platform’s offer can generally be done anonymously.

12.2 Certain types of use of vngproperty.com Platform, such as the making of bookings, require registration. During registration, the user sends an electronic registration form and consents to the General Terms and Conditions. The registration with VNG Property Gayrimenkul Yonetim Hizmetleri A.S is only concluded once a confirmation is sent to the e-mail address specified by the user. Natural individuals must be over the age of 18 in order to register. The user has to keep the password he/she sets secret and take suitable precautions to prevent third parties becoming aware of it.

12.3 The creation of more than one user account for the same natural individual or legal entity is not permitted. The user account cannot be transferred.

13. Services of VNG Property Gayrimenkul Yonetim Hizmetleri A.S /Conclusion of contract

13.1 Once the user has entered his/her desired service on the vngproperty.com Platform (e.g. travel destination, desired home rental, number of participants & price options), VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall show the user the information about the Hosts’ services (“service information“). Based on this information, the user can, where applicable after checking availability, make a contractual offer, by placing an offer, to be sent to the respective Host, whereby the sub-intermediates act on behalf of the referred user. This happens, after the selection and transfer to the shopping basket, by clicking on the button “confirm and book”.

13.2 The user is bound to his/her binding offer for five working days. For more information see Section 5 of the General Terms and Conditions of the Host rental services in Part III.

13.3 VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall notify the user of the conditions of transport and business of the Host for their contractual relationship with the user and for their services. They can be found in the respective tenders. The user is responsible for meeting and complying with these conditions. The Host reserves the right to not allow the user to undertake an action, or to exclude it, if they do not meet the conditions. In this case the paid price shall not be refunded.

13.4 VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall provide the user with a booking confirmation issued in the name of, and on behalf of, the Host, as well as a payment confirmation. The use of the vngproperty.com Platform itself is essentially free of charge for the user. The costs for the technical access to the vngproperty.com Platform (e.g. internet access) are to be borne by the user. VNG Property Gayrimenkul Yonetim Hizmetleri A.S is permitted to collect the invoiced amounts in the name of, and behalf of the Host.

13.5 VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall forward the user any data for the use of a Host’s service according to the applicable conditions (such as home address), once they have been received by the Host.

13.6 VNG Property Gayrimenkul Yonetim Hizmetleri A.S assumes no guarantee for the accuracy of forwarded data, or for the performance of services by the Host, as all the information indicated and forwarded is based on data from Hosts or third parties, which VNG Property Gayrimenkul Yonetim Hizmetleri A.S cannot check in detail.

14. Payments on vngproperty.com

14.1 The service agreement concluded with the Host shall apply to the fees to be paid by the user for the services of the Host.

14.2 VNG Property Gayrimenkul Yonetim Hizmetleri A.S is permitted to collect the invoiced amounts in the name of and on behalf of the Host, provided nothing else has been explicitly stated in the Host’s invoice. If claims have to be paid by the user in a different currency than its national currency (claims for payment in foreign currencies), VNG Property Gayrimenkul Yonetim Hizmetleri A.S can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. VNG Property Gayrimenkul Yonetim Hizmetleri A.S can charge the user a suitable conversion charge for this.

14.3 The contact partner, and contract partner, of the user in connection with the service agreement and its payment, is the respective Host. The user can only assert the repayment of a payment to the respective Host. A refund granted by the Host can also be processed by the Host via VNG Property Gayrimenkul Yonetim Hizmetleri A.S. To simplify the process for the user, communication via vngproperty.com Platform is recommended.

14.4 To use the payment functions of VNG Property Gayrimenkul Yonetim Hizmetleri A.S, the user has to register. The user has to enter correct payment information and update the details immediately in the event of changes. VNG Property Gayrimenkul Yonetim Hizmetleri A.S can reject the payment method specified by the user. The user will be notified of the payment methods permitted for the respective service during the order process.

14.5 Upon the authorization of the payment, the user consents to his/her payment information being used for the collection of payments by the creditor. VNG Property Gayrimenkul Yonetim Hizmetleri A.S reserves the right to make the use of the payment function of VNG Property Gayrimenkul Yonetim Hizmetleri A.S dependent on a check of the credit rating of the user.

15. Pricing of VNG Property Gayrimenkul Yonetim Hizmetleri A.S,

15.1 All prices on vngproperty.com quoted include VAT and all other taxes. Local taxes may be charged on site.

15.2 These prices specified by the Hosts may be subjected to special conditions, for example with regards to cancellation and the refunding of payments made. Before making the booking, please check precisely whether the respective service agreement is subject to separate conditions.

16. Duties and obligations of the user

16.1 The user shall keep the registration data (user login and password) secret and not allow third parties access to vngproperty.com Portal using his/her registration data. The user shall be accountable for all use of his/her user account on vngproperty.com Portal.

16.2 After receiving the service information, the user can send any orders to VNG Property Gayrimenkul Yonetim Hizmetleri A.S, for forwarding to the Host.

16.3 The user shall exempt VNG Property Gayrimenkul Yonetim Hizmetleri A.S, from third-party claims based on his/her use of the vngproperty.com Platform, unless they are the fault of VNG Property Gayrimenkul Yonetim Hizmetleri A.S,.

17. Availability and warranty

17.1 There is no claim for availability, quality or service features, or technical support for the vngproperty.com Platform. VNG Property Gayrimenkul Yonetim Hizmetleri A.S,can redesign, reduce or suspend their online portal vngproperty.com at any time, at its discretion. Existing agreements of the user with a Host, as well as the execution of these agreements, remain unaffected by these changes.

17.2 VNG Property Gayrimenkul Yonetim Hizmetleri A.S,makes no guarantee or warranty for the accuracy or completeness of data provided by third parties (such as Hosts).

17.3 VNG Property Gayrimenkul Yonetim Hizmetleri A.S,makes no guarantee or warranty for the services provided by the Hosts. The contact partner of the user in the event of questions and claims in connection with a service agreement and its execution is the respective Host.

17.4 Provided VNG Property Gayrimenkul Yonetim Hizmetleri A.S, does not have any obligation to the user, VNG Property Gayrimenkul Yonetim Hizmetleri A.S, also provides no guarantee.

18. Liability of VNG Property Gayrimenkul Yonetim Hizmetleri A.S

18.1 If VNG Property Gayrimenkul Yonetim Hizmetleri A.S has not assumed a corresponding contractual obligation by means of an explicit agreement with the user, it is not liable for the realization of corresponding agreements with Hosts in line with the booking request of the user.

18.2 Without explicit agreement or an assurance of this kind, VNG Property Gayrimenkul Yonetim Hizmetleri A.S is not liable for defects in the performance of the service and personal or material damage incurred by the user in connection with the travel service provided, concerning the services provided.

18.3 Any liability of VNG Property Gayrimenkul Yonetim Hizmetleri A.S due to the culpable violation of obligations in the brokering of contracts remains unaffected by the aforementioned conditions.

18.4 The liability of VNG Property Gayrimenkul Yonetim Hizmetleri A.S for contractual claims of the user is limited to three-times the price of the rent services procured, except for

• any violation of a key obligation, which needs to be fulfilled in order to allow the proper execution of the brokering agreement or the violation of which endangers the fulfillment of the contractual purpose

• liability for damage incurred by the user due to the injury to life, limb or health, which is based on a negligent breach of duty by VNG Property Gayrimenkul Yonetim Hizmetleri A.S or a vicarious agent of VNG Property Gayrimenkul Yonetim Hizmetleri A.S

• liability of VNG Property Gayrimenkul Yonetim Hizmetleri A.S for other damage incurred by the user due to a grossly-negligent breach of duty by VNG Property Gayrimenkul Yonetim Hizmetleri A.S or a willful or grossly-negligent breach of duty by a legal representative or vicarious agent of VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

18.5 For ordinary negligence, VNG Property Gayrimenkul Yonetim Hizmetleri A.S is only liable for the violation of a key contractual obligation and only for foreseeable and typical damage. Key contractual obligations are obligations which need to be fulfilled to make the proper execution of the contract possible and whereby the user can regularly rely on them being met.

18.6 Restrictions of liability do not apply within the scope of guarantees issued, in the event of an injury to life, limb or health or for claims based on the product liability law.

19. Termination

Users can cancel their registration on vngproperty.com Portal at any time by blocking their user account. VNG Property Gayrimenkul Yonetim Hizmetleri A.S can cancel a registration unilaterally with one week’s notice. Claims which have arisen before this is done, remain unaffected. The right to extraordinary cancellation remains unaffected.

20. Evaluation function of VNG Property Gayrimenkul Yonetim Hizmetleri A.S

20.1 Users have the opportunity to have personal influence on the content of vngproperty.com Platform by writing travel reports in the form of evaluations, or uploading pictures (“user content”). Users are fully responsible for the user content they provide. They ensure that the content is correct and guarantee that the content does not contain any misleading or illegal statements or details. Furthermore, the users guarantee that the content does not violate third-party rights. Under no circumstance and in no way does VNG Property Gayrimenkul Yonetim Hizmetleri A.S make user content its own, it merely provides a Platform.

20.2 VNG Property Gayrimenkul Yonetim Hizmetleri A.S can use the user content in various ways. This includes displaying it on the website, reformatting, editing for more clarity or better grammar, incorporation into adverts or other work.

20.3 VNG Property Gayrimenkul Yonetim Hizmetleri A.S can remove or report user content where necessary and at its own discretion. For example, VNG Property Gayrimenkul Yonetim Hizmetleri A.S can remove user content if it violates the VNG Property Gayrimenkul Yonetim Hizmetleri A.S principles for content, in the opinion of VNG Property Gayrimenkul Yonetim Hizmetleri A.S. VNG Property Gayrimenkul Yonetim Hizmetleri A.S is not obliged to store copies of user content or provide copies thereof VNG Property Gayrimenkul Yonetim Hizmetleri A.S does not guarantee the confidentiality of user content.

20.4 VNG Property Gayrimenkul Yonetim Hizmetleri A.S and its distribution partners or sub-agents can display adverts and other information together or next to the user content on the website and other media. Users have no claim to remuneration for these adverts. Subject to changes regarding the type and scope of these advertising measures. The user does not need to be especially notified of this.

20.5 The users shall fully indemnify VNG Property Gayrimenkul Yonetim Hizmetleri A.S and its distribution partner or sub-agents from all third-party claims (incl. suitable costs for legal prosecution and defense) at first request, which these third parties assert against VNG Property Gayrimenkul Yonetim Hizmetleri A.S concerning the user content provided by the user. This also applies if the contested content can no longer be accessed on vngproperty.com Platform. This does not apply if VNG Property Gayrimenkul Yonetim Hizmetleri A.S is responsible for the legal violation. In the event of recourse by third parties, users have to immediately, truthfully and completely provide VNG Property Gayrimenkul Yonetim Hizmetleri A.S with all the information necessary to verify the claims and defend them.

21. Data protection

21.1 VNG Property Gayrimenkul Yonetim Hizmetleri A.S collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for VNG Property Gayrimenkul Yonetim Hizmetleri A.S between the user and VNG Property Gayrimenkul Yonetim Hizmetleri A.S

21.2 If VNG Property Gayrimenkul Yonetim Hizmetleri A.S is involved in the communication for a service agreement between the user and the respective Host, it shall transfer the data required for this agreement to the respective Host. This Host processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective Host can be taken from the booking dialogue.

22. Changes to these General Terms and Conditions

22.1 VNG Property Gayrimenkul Yonetim Hizmetleri A.S reserves the right to change these General Terms and Conditions at any time and without stating the reasons. VNG Property Gayrimenkul Yonetim Hizmetleri A.S will only make changes affecting the user, which the user must agree to in consideration of mutual interests. This concerns, for example, cases where the equivalence principle has been disturbed, as well as loopholes and changes in legislation. The amended conditions will be sent to the users by e-mail at the latest two weeks before they come into effect. If a user does not reject the validity of the new General Terms and Conditions within two weeks of the receipt of the e-mail, the amended General Terms and Conditions are deemed to have been accepted. VNG Property Gayrimenkul Yonetim Hizmetleri A.S will notify the user, in the e-mail containing the amended conditions, of the importance of this two-week deadline.

22.2 These Terms and Conditions can be amended at any time and without notice for future intermediation of contracts with Host. The respective conditions valid for each individual contract conclusion shall apply.

23. Other provisions

23.1 These General Terms and Conditions represent the whole agreement between VNG Property Gayrimenkul Yonetim Hizmetleri A.S and the user. No additional agreements exist.

III. General Terms and Conditions of the Host of rental services (referred company)

Within the scope of an intermediary service, VNG Property Gayimenkul Yonetim Hizmetleri A.S shall provide guests housing and Hosts rental services with this booking Platform.

Furthermore, VNG Property Gayrimenkul Yonetim Hizmetleri A.S shall also provide this booking Platform to certain cooperating partners (sub-agent/ distribution partner) for the booking of the Host’s rental services. The use of this Platform by sub-agents or distribution partner requires a separate contractual agreement and is not permitted without the prior written authorization of VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

Contracts for rental services are to be concluded directly between the users of this booking Platform and the Hosts of rent services. If users book services via a linked partner Platform or if a sub-intermediary makes a booking on behalf of a user of a connected partner Platform, a corresponding contract shall be concluded directly between this user and the Host. VNG Property Gayrimenkul Yonetim Hizmetleri A.S is not a contract party with regards to the rental services offered on this booking Platform.

General Terms and Conditions of the Host of rental services

24. Introduction

Part III of these General Terms and Conditions applies to all contracts concluded between the Hosts and the users via the vngproperty.com Platform. This also applies, if access to the vngproperty.com Platform is provided via a cooperating partner (sub- agent, distribution partner).

25. Truthful details

The details transferred via the vngproperty.com Platform must be truthful. The Host reserves the right to withdraw from the contract or to exclude users from participating in the service and to demand compensation amounting to the cancellation costs as per Section 11 of part III of the General Terms and Conditions of Host of rental services, if defective details are provided by the user.

26. Arrival at meeting point and compliance with conditions

You are responsible for arriving on time at the notified meeting point. If you are travelling to an activity from abroad, you are responsible for having the necessary travel documents (passport etc.), and for observing the health regulations etc.

27. Additional terms and conditions

If Host includes in addition to these General Terms and Conditions of Host of rental services of Part III further participation or transport or other terms in a contract with you, you are responsible for observing these additional terms. The Host reserves the right to exclude participants from the activity if they do not meet these conditions.

28. Binding nature of the request

The contract between you or the user you have referred, and the Host comes into effect upon the acceptance of your binding request by the Host. When you book a home, you make the Host a binding offer which you, or the user you have referred, are bound to for five working days. If the Host accepts your offer within this period of time, the contract comes into binding effect. You, or the user referred by you, receives notification of this by e-mail.

29. Payment

The agreed total price for the service we have provided is due upon the conclusion of the contract.

30. Notes on the right of revocation

The Host points out that according to legal provisions (section 312, paragraph (2), no. 4, 312g, paragraph 2, clause 1, no. 9, BGB), contracts for rental services which are concluded as remote selling (i.e. via the vngproperty.com Platform) do not have a right of revocation, but merely the legal rights to withdraw and cancel the contract.

31. Self-responsibility for insurance

The price of the services does not include insurance. You are responsible for providing sufficient insurance protection. The requirement for insurance depends on the activity booked.

32. Unpaid services

If you or the user you have referred do not pay for the booked service according to the agreed due date of payment, although the Host is prepared, and able, to perform the contractual service and there is no legal or contractual right of retention for you or the user you have provided, the Host is permitted to withdraw from the contract and charge you, or the user you have referred, for the withdrawal costs as per point 11.

33. Exchange of messages

All messages between you, or the user you have referred, and the Host shall be done via the vngproperty.com Platform. In the interest of quick processing, it is recommended to exclusively use the forms provided by VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

34. Cancellation guidelines

34.1 If you reject (cancel) the activity, the cancellation conditions stated in the product description apply. VNG Property Gayrimenkul Yonetim Hizmetleri A.S.

34.2 Provided there are no deviating cancellation conditions in the product description of your Host, the following cancellation fees will be charged by the Host of the services:

a. For bookings made more than 7 days before guests arrive, we offer a 24-hour period from the time of booking during which you can cancel and receive a full refund.

b. After the 24-hour period, we refund 50% of the booking value, up to 14 days before guests arrive. If you cancel within 14 days of arrival, the booking is non-refundable.

c. Bookings made within 7 days of arrival are non-refundable.

34.3 You, or the user you have referred, are free to prove to the Host that they have not incurred any damage, or substantially less damage than the fee charged by the Host.

34.4 The Host reserves the right to request higher, specific compensation instead of the aforementioned flat-rate fees, if the Host can prove that it has incurred much higher expenses than the respectively applicable flat-rate fee. In this case the Host is obliged to provide specific figures and evidence of the compensation requested, taking into account the saved expenses and any other use of the services.

34.5 The refund is done using the same payment method. In the event of credit cards which are charged monthly, the amount shall be credited at the end of the current invoicing period. The exact time of the refund depends on the user’s credit card agreement. The refund by bank transfer shall be done within seven bank working days.

35. Extraordinary cancellation

The Host can cancel the activity on the agreed date without observing a period of notice, if weather conditions, official measures, strikes or other unforeseeable or unavoidable external conditions (in particular force majeure) make the execution of the activity impossible, make it considerably more difficult or endanger it. In this case the paid price is refunded.

36. Exclusion of participation

The Host is permitted not to allow you to join an activity, or to exclude you from one, if you do not meet the personal participation requirements, your participation would endanger you or someone else or in any other way make the activity impossible in the long-term. This applies accordingly to a user you have referred. In these cases, the paid price cannot be refunded.

37. Changes to the program

Furthermore, the Host reserves the right to make non-essential changes to the program, if this is necessary due to unforeseeable or unavoidable conditions.

38. Further conditions

Further conditions or deviating conditions can be found in the respective tenders.

39. Time zone

For calculations of the time and deadlines, the time zone of the Host is authoritative.

40. Liability of the Host of rental service

The Host is liable in accordance with the applicable law for its services, whereby the liability, if permitted according to the applicable law, is excluded.

41. Change to these General Terms and Conditions

These Terms and Conditions of the Host of rental services of Part III can be amended at any time and without notice for future bookings. The respective conditions valid for each individual booking shall apply. The user has no claim for future bookings based on the existing conditions.

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