Section 1 Scope
1.1 The following provisions are applicable to the usage relationship between Global Homing UG (with limited liability) & Co. KG, Carl-Benz-Straße 21, 60386 Frankfurt (hereinafter referred to as "Global Homing") and the users of the Internet platform www.global-homing.com.
1.2 The content and services presented by Global Homing on its Internet platform www.global-homing.com are offered exclusively to private persons (consumers pursuant to Section 13 of the German Civil Code BGB). Any registration by companies and the use of the portal www.global-homing.com for commercial purposes, in particular for direct marketing purposes, is expressly forbidden.
Section 2 Object of the Contract and Membership
2.1 www.global-homing.com is an Internet platform where registered users that have been admitted as confirmed members to the club have the opportunity to use the holiday homes of other club members without rent if they themselves hold the rights to use a holiday home, i.e. a holiday flat, holiday house or hotels / guesthouses (hereinafter referred to as "property"). For this purpose, it is not required to find a direct exchange partner for the respective holiday home with whom one can swap holiday homes directly via the portal of Global Homing. Instead, the internal points system provided by Global Homing allows the user to directly access all properties of the club members through an indirect swap. The exchange procedure and points system are laid down in more detail in Section 8. The portal offers its club members the opportunity to post their own properties on the portal and present them with the functions provided there. The property exposés available on the www.global-homing.com portal will not be mediated, in particular not in the form of brokerage services by Global Homing.
2.2 As a precondition for accessing the Internet platform www.global-homing.com, a usage contract must be closed with Global Homing in the form of a club membership pursuant to Section 4 of these membership conditions.
2.3 After registering with the www.global-homing.com portal and confirmation of membership by Global Homing, users will have a paid club membership available under the conditions laid down in Section 7.1.
Section 3 Users and Usage Conditions
3.1 Utilisation of the services offered on the portal www.global-homing.com is only permitted to registered users who are at least 18 years of age and who hold the rights to use at least one property in order to be able to offer it to other club members on www.global-homing.com. Users expressly assure this upon registration.
3.2 Each user shall provide truthful information on himself/herself and in particular must not register with a false identity. Global Homing must be informed immediately of any changes to the registration data.
3.3 Each user is limited to no more than one user account on www.global-homing.
3.4 There is no legal claim to using the Internet portal www.global-homing.com and being admitted as a club member because Global Homing can exclude the user from usage at any time pending admission as confirmed club member, and also during an existing club membership, without stating reasons therefore, in particular if the user posts inadmissible content pursuant to Section 9.
Section 4 Registration and Conclusion of Contract
4.1 Registration on www.global-homing.com is done by sending the completed registration form. By submitting his/her registration, the user agrees to the terms and conditions as amended and makes a contractual offer for concluding a usage contract (club membership). Global Homing accepts this contractual offer subject to the condition precedent that the user can be admitted to the club as a confirmed member after completing the registration procedure pursuant to Section 8.1, by activating access to the Internet area of www.global-homing.com and with the content and functions provided there. Activation is completed when the user clicks an activation link received separately by e-mail from Global Homing. Through this acceptance the usage contract between the user and Global Homing becomes effective subject to the condition precedent of confirmation of the club membership (cf. admission procedure pursuant to Section 8.1).
4.2 There is no legal claim to admission as a club member because Global Homing may refuse admission as a confirmed club member without stating reasons therefore, in particular if the user has provided false information on his/her identity in his/her registration or if according to the result of the votes of the club members the user does not fulfil the conditions for admission as confirmed club member.
4.3 To sign up for club membership, the user goes through the following technical steps until conclusion of the usage contract: 1. Registration with personal data on the page, click on "proceed", 2. Presentation of the information submitted on the following page for verification, confirmation of the terms and conditions, the privacy terms, the provisions on the right of withdrawal and the code of conduct, 3. Clicking the "Sign up for paid membership" button. The user makes the contractual offer for concluding a usage contract in the aforementioned last step by clicking the "Sign up for paid membership" button. The user can correct input errors during the registration process by using the "Back" function of the browser used.
4.4 The language available for the registration process and conclusion of the contract is English and German. The text of the contract is not saved by Global Homing and no longer be retrieved after completion of the registration. However, the user can save or print his/her registration data immediately before sending using the function in his/her browser, and will receive a confirmation e-mail after registration in which the data relevant for registration with Global Homing is listed again.
Section 5 User Data
5.1. The user shall select a password for his/her user account and take all necessary measures to ensure the confidentiality thereof. The user is liable for any unauthorised use of his/her user data, unless he/she proves that misuse originated in the area of responsibility of Global Homing.
5.3 Should the user become aware of or suspect any misuse of user data on the basis of facts, Global Homing must be informed of this immediately.
5.4 If it is known or if there is justified suspicion that misuse of user data has occurred, Global Homing is entitled to take the necessary measures, in particular to temporarily block the user's access or to ban him/her completely.
Section 6 Services Offered and Range of Functions on www.global-homing.com
The exact range of services offered on www.global-homing.com and the range of functions of the portal arise from the HYPERLINK "http://de.global-homing.com/neu/mitgliedwerden.php" o "Service description" Service description "This is how it works"
Section 7 Fees and Payment Terms
7.1 The user pays a membership fee of € 175.00 per year for the club membership, given that he/she has been admitted as confirmed member pursuant to the admission procedure carried out in accordance with Section 8.1. The membership fee may temporarily vary, for instance during a promotional offer. Differing fees are indicated in the process of registration. There is also an additional booking fee for confirmed bookings: up to 3 nights € 50.00, from 4 nights € 100.00.
7.2 All prices are inclusive of the statutory VAT applicable in each case.
7.3 Payment will be made exclusively against invoice. If the user is admitted as confirmed club member (Section 8.1), Global Homing will send the user an invoice to the address provided by him/her in the registration process. With the issuance of the invoice, the annual fee is immediately payable for the entire term pursuant to Section 7.1. Global Homing may also send out invoices and payment reminders by e-mail. The user may submit objections to invoices and payment confirmations to Global Homing in writing within four weeks of receipt of the invoice. The date of receipt of the written complaint submitted to Global Homing is decisive in determining observance of the deadline.
Section 8 Posting and Booking Holiday Homes via the Portal Following Activation
8.1 Immediately after registration and activation of his/her account, the user can post properties which he/she is authorized to use as exposés by using the functions available in the portal. Global Homing reserves the right to check the exposés posted itself and informs the club members in case of a voting about the exposé posted by the user under the category "Club News" on www.global-homing or by e-mail. The club members can vote anonymously on the admission of the user with his/her exposé to the club. If the vote result is in favour of the user, Global Homing can confirm to the user his/her admission as a club member. Global Homing is entitled to decide itself on the admission of the user as a club member in spite of any positive vote result by the existing club members as well as to confirm the club membership without any voting. Confirmation of the club membership and the outcome of the decision will be sent to the user by letter or by e-mail.
8.2. Travel points account
Compensation for bookings and permission to use the properties of the users amongst one another will be made via travel points. The compensation in travel points is made up of the number of overnight stays multiplied by the respective property category of the holiday home. The user categorises the property offered by him/her on the basis of his/her own estimate.
Classification of holiday flats or holiday houses should be based on the market value of the property that could theoretically be reached. The following shall apply for determining the category:
Category 1 = Properties up to € 125,000
Category 2 = Properties from € 125,000 - € 250,000
Category 3 = Properties from € 250,000 - € 500,000
Category 4 = Properties from € 500,000 - € 750,000
Category 5 = Properties from € 750,000 - € 1 mill.
Category 6 = Properties from € 1.0 mill. - € 1.5 mill.
Category 7 = Properties from € 1.5 mill. - € 2.0 mill.
Category 8 = Properties from € 2.0 mill. - € 2.5 mill.
Category 9 = Properties from € 2.5 mill. - € 3.0 mill.
Category 10 = Properties from € 3 mill. and more
Classification of hotels / guesthouse should be based on cost per night and accommodation. The following shall apply for determining the category:
Category 1 = Cost per night and accommodation up to € 125
Category 2 = Cost per night and accommodation from € 126 - € 250
Category 3 = Cost per night and accommodation from € 251 - € 500
Category 4 = Cost per night and accommodation more than € 500
Global Homing reserves the right to randomly check the user's own estimates in this respect.
The user is credited travel points which he/she can use immediately for booking properties. For holiday flats or holiday houses the individual travel point credit is determined on the basis of the property category multiplied by 60. For hotels / guesthouses the individual travel point credit is determined on the average of the property categories multiplied by 60. The current number of points and the resulting balance are indicated in the travel points account. If the limit is reached, no further bookings may be carried out.
8.3. Booking holiday homes
Each user can book other properties immediately after posting his/her properties and activation by Global Homing if he/she has been admitted to Global Homing as a confirmed member. If the user has found an appropriate property, he/she may contact the other user as host directly and make a booking request. The booking in the calendar by the host generates a booking confirmation that must be confirmed by the guest, and activates the charging of the travel points account. All further details are clarified between the guest and the host directly.
8.4. Travel points account
As host to another user, the user receives travel points for granting permission to use his/her property. The travel points account of the guest will be debited accordingly. If the host does not want to receive any further requests, he/she can deactivate his/her calendar. If the travel points account is in the negative, the calendar may not be deactivated. Any positive or negative balance of the travel points account will be transferred to the next membership year. Each club member undertakes to make sure that the account is balanced. The statistics that result from the occupancy calendar give each user an overview of his/her account balance. Each user's individual membership year is calculated starting with the day of written confirmation by Global Homing regarding the admission as a club member.
8.5. Member recommendations
A user recommending new users as club members will be rewarded with 10 travel points and this user's travel point account will be credited. Each user receives "recommendation cards" at the beginning of his/her membership in order to be able to invite new members in an uncomplicated way. Additional recommendation cards can be ordered on the "My Account" page.
8.6. Binding Nature of the Booking
Booking a property is binding on the user as host and on the user as guest. It's the discretion of the host to decide on a cancellation request of a guest. The trip may only be cancelled by the host in his/her calendar. As soon as the host revokes the rental entry in his/her calendar, Global Homing will send an automated e-mail for negative booking of the points and which credits or debits the respective travel points accounts as applicable.
Section 9 Obligations of the User
9.1 The user undertakes not to post any content on www.global-homing.com that a. is advertisement disguised as experience reports
b. does not have any specific content-related reference to the exposés posted, c. is non-objective, deliberately untrue, dishonourable, derogatory, slanderous, morally objectionable, racist, glorifying violence, pornographic or otherwise constitutes a criminal offence, d. violates the rights of third parties, in particular patent, copyright, trademark or other protective rights, e. may violate the right to informational self-determination of third parties.
9.2 The user shall ensure that he/she holds all rights regarding the publishing of content provided (such as exposé pictures) and grant Global Homing the non-exclusive right to use this content, which shall be limited in terms of the duration of the membership, but unlimited with respect to time and space. Finally, this includes the right to change, copy, send and publish content and make it publicly accessible on the Internet via the global-homing.com website. Other publishing of content transferred by the user via Global Homing is allowed but only for own advertising purposes and PR and requires no separate agreement with the user. If the user doesn't agree with publishing of content for own advertising purposes and PR, it is sufficient to send an informal email to firstname.lastname@example.org.
9.3 In the event of culpable infringement of his/her duties by the user, Global Homing expressly reserves the right to change or delete the user's content in part or in full, or to temporarily or conclusively discontinue the publishing thereof.
9.4 The user is obligated to treat any e-mails and other messages or data that he/she receives in connection with using the portal www.global-homing.com as confidential and to not make any content accessible to or otherwise share it with third parties without the consent of the copyright owner. The same applies to other personal data of the user, in particular the name, address, telephone and fax number or e-mail address.
Section 10 Term and Termination
10.1 The term of club membership is twelve months. It will automatically be renewed for the same duration if the user does not terminate it three months before the membership year ends. The notice period of a trial membership set out in § 10.4.
10.2 The term of the club membership starts with the admission of the user as a confirmed club member.
10.3 If the user has made use of his/her right of termination pursuant to Section 10.1 and his/her travel points account is not balanced at the end of the membership, the option of using existing travel points remains for 1 year after the termination of membership, provided that the account remains active during that time, but the calendar is deactivated in order to indicate to other users that bookings will no longer be accepted. If the travel points account is in the negative at the end of the membership, the user can still collect travel points for 1 year after the termination of his/her membership in order to balance his/her travel point account. Alternatively, the negative balance of travel points can be redeemed. When redeeming travel points, one travel point corresponds to € 25.00, or the customer can prove that no damage or only damage amounting to less than the aforementioned sum occurred to Global Homing and the community of club members.
10.4. A trial membership is callable daily during the term. Upon termination of the trial membership: bonus travel points that were granted as part of a trial membership, can be used for bookings (date of confirmation) only until the end of the term of the trial membership. Then they expire. Positive or negative travel points that were generated during the trial membership through bookings can be compensated in accordance with § 10.3.
10.5 The right of both parties to an extraordinary termination without notice for cause remains unaffected.
Section 11 Consumer's Right of Withdrawal
11.1 Right of Withdrawal
If the user is a consumer, he/she may withdraw his/her contractual declaration within one month in written form (e.g. letter, fax, e-mail) without stating any reasons. The period starts after receipt of this instruction in text form, but not before the end of the contract and not before fulfilment of the information duties of Global Homing pursuant to Article 246 Section 2 of the Introductory Statute to the Civil Code in conjunction with Section 1 and 2 of the Introductory Statute to the Civil Code and the duties of Global Homing pursuant to Section 312 g Subsection 1 Sentence 1 of the Civil Code in conjunction with Article 246 Section 3 of the Introductory Statute to the Civil Code. To observe the withdrawal period, it shall suffice to send the withdrawal in good time. Withdrawals are to be addressed to: Global Homing UG (with limited liability) & Co. KG, Hanauer Landstraße 204, 60314 Frankfurt, e-mail: email@example.com.
11.2 Consequences of Withdrawal
Mutually received services and any benefits derived (such as interest) shall be returned in the event of an effective withdrawal. If the user cannot return services and received benefits (e.g. usage advantages) to Global Homing, or can only return them partially or in a deteriorated state, the user shall grant compensation of equal value. This may lead to the user nevertheless having to fulfil contractual payment obligations for the period leading up to the withdrawal. Obligations for the reimbursement of payments must be met within 30 days. The period starts for the user with the sending of his/her withdrawal declaration, for Global Homing with the receipt thereof.
Section 12 Liability, Indemnification
12.1 Global Homing shall be liable for every culpable breach of material contract duties pursuant to statutory regulations. In the event of simple negligence, the amount shall be limited to the compensation of the foreseeable damage typical of the contract. Otherwise, Global Homing shall only be liable if the damage incurred was caused negligently or wilfully. This shall not affect the obligation to pay compensation for injury to life, limb or health.
12.2 If the liability of Global Homing is limited or ruled out pursuant to the regulations above, this shall also apply to the liability of its employees, representatives and vicarious agents.
12.3 Global Homing does not assume any guarantee for the accuracy, completeness or quality of the content provided by users. Global Homing does not adopt this content as its own; the responsibility for third-party content is borne solely by the user who posts this content on www.global-homing.com.
12.4 If third parties raise claims against Global Homing for damage caused by legal violations of the user, the user shall release Global Homing from all claims and incurred costs of prosecution. In the event of claims raised, Global Homing may acknowledge the respective claim vis-à-vis the third party if the user does not submit facts for his/her defence and provide security for the costs incurred within a reasonable period of time.
12.5 Global Homing does not assume any responsibility for the uninterrupted availability of data and can define an appropriate period for technical maintenance.
12.6 If there are direct or indirect references to third-party websites (hyperlinks) that are outside of Global Homing's area of responsibility, Global Homing shall only accept liability in the cases in which it was aware of the content and it would have been technically possible and reasonable to expect prevention of the use thereof, and if liability exists pursuant to general provisions.
Section 13 Privacy
The provisions of the privacy declaration of Global Homing shall apply. This declaration can be retrieved from any of the Global Homing websites.
Section 14 Place of Jurisdiction, Place of Fulfilment and Applicable Law
14.1 The place of jurisdiction shall be the registered office of Global Homing if the user does not have a general place of jurisdiction in the Federal Republic of Germany. Otherwise, statutory regulations shall apply.
14.2 The place of fulfilment shall be the registered office of Global Homing.
14.3 The owner and user relationship shall be subject exclusively to the laws of the Federal Republic of Germany with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Section 15 Changes to These Terms and Conditions, Severability Clause
15.1 Global Homing reserves the right to change these terms and conditions at any time and without stating reasons in accordance with the following provisions. The services offered on the portal www.global-homing.com and described by Global Homing in Sections 2 and 6 are expressly excluded from any change. Global Homing will inform the user of any changes to or deviations from the services promised and offer to continue the owner and user relationship under these changed conditions if the user's interests are affected by the changes or deviations. This does not affect the user's right of termination pursuant to Section 10. Other changes to these membership conditions will be sent to the user by e-mail before they become effective. The changed terms and conditions are deemed as having been accepted if the user does not object within one month of receiving the e-mail informing him/her of the validity of the new terms and conditions. If the user objects to the validity of the new terms and conditions within the period of one month, Global Homing is entitled to terminate the owner and user relationship with the user with a proper notice period of 14 days. In this case, any usage fees already paid for club membership will be reimbursed pro rata for the membership period not made use of after the end of the termination deadline, unless the user's travel points account has a negative balance. In this case Section 10.3 shall apply mutatis mutandis.
15.2 If a provision of these terms is or becomes legally ineffective in whole or in part, this shall not affect the validity of the other provisions. The parties shall replace the ineffective provision with an effective provision whose meaning and purpose comes as close as possible to the ineffective provision.