Terms of Service
General Terms and Conditions (GTC) for using the online platform KiteBnB
Updated Terms of Service
We have updated our Terms of Service and included: (9) Cancellation and Refund Policy and (10) Guest Refund Policy. If you signed up for an account at KiteBnB prior to 14th December, 2016 we herewith inform you that we changed our Terms of Service. You agree that by using our website as a guest or a Host you are indicating that you have read and understood the Terms of Service and agree to be bound by these policy terms.
1 Scope, amendment of General Terms and Conditions
1.1 The General Terms and Conditions (GTC) below apply to the use of the platform www.kite-bnb.com (also: “platform”). This is a service of the KiteBnB GmbH.
1.2 “Users” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by KiteBnB.
1.3 KiteBnB offers the usage of its platform, in particular the use of the database, solely on the basis of these General Terms and Conditions.
1.4 By registering for or using our services, users consent to the validity of these General Terms and Conditions.
1.5 KiteBnB reserves the right to amend its General Terms and Conditions effective for the future if an adjustment is necessitated by economic or legal grounds. The amendments will not become part of the agreement until the user consents to such amendments. It is sufficient for this purpose that KiteBnB sends the new version of the General Terms and Conditions to the e-mail address that the user provided for information purposes. If the user does not contradict the amendments to the General Terms and Conditions within one week, consent will be considered to have been granted.
1.6 Conflicting terms and conditions of the user have no effect (point 2.5 notwithstanding), even if KiteBnB does not contradict them.
2 Performance by KiteBnB, performance by providers
2.1 The platform is an online market place on which users can offer and rent apartments, houses, rooms or other accommodation (“accommodation”).
2.2 On www.kite-bnb.com, KiteBnB provides a platform on which users can communicate with each other and conclude agreements. KiteBnB itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between users.
2.3 Leases are concluded exclusively between the user providing the accommodation (“provider”) and the user renting the accommodation (“tenant”). KiteBnB itself is not a party to the leases concluded between the website’s users. However, KiteBnB is entitled to act as a representative for the provider with the authority to conclude agreements and to conclude agreements on his behalf. However, the provider and the tenants are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the users. KiteBnB saves and will transmit the contact data of both parties for this purpose.
2.4 KiteBnB does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of KiteBnB. KiteBnB is not responsible for third-party offerings or content.
2.5 Providers can apply their own terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of KiteBnB.
2.6 Providers and tenants are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
3 Registration, realisation of the user agreement, contractual declarations
3.1 User registration is required for the use of KiteBnB’s offering. Registration is free of charge and requires that users accept KiteBnB’s General Terms and Conditions. The user agreement between KiteBnB and the user arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement.
3.2 Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).
3.3 When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited.
3.4 The user can receive contractual declarations at his stated e-mail address.
3.5 By approving the general terms and conditions, the user agrees to receive newsletters and similar information via e-mail. The user can revoke their consent at any time without any costs.
4 User obligations, user account, system integrity
4.1 The user is solely responsible for all content that he places on the platform. In his relationship to KiteBnB, he commits not to place illegal content on the platform and to refrain from actions that violate laws.
4.2 The provider is responsible for ensuring that the accommodation he offers is described
correctly and completely. He must provide the information in KiteBnB’s required fields at a
minimum so that the accommodation and the offer are described with sufficient accuracy.
In addition, the provider is free to stipulate further conditions such as the amount of any
deposit, the cost of final cleaning, cancellation options, etc. The various cancellation
policies that can be agreed are available under cancellation policies. The user
undertakes to keep the information in his user account up-to-date and accurate at all
times, i.e. to correct it immediately in the event of a change. A user account cannot be
4.3 The user undertakes to use his user account himself only and to keep his password secret.
4.4 The user is liable to KiteBnB for all actions performed using his user account, unless the user is not responsible for the misuse of his user account.
4.5 Once the user is aware that third parties have access to his user data or have otherwise gained access to his user account, he must notify KiteBnB of this immediately. KiteBnB is entitled to then block the user account until the situation has been clarified.
4.6 Each user must independently verify the identity of his respective contract partner. KiteBnB accepts no liability for the accuracy of the user contact information entered on the platform.
4.7 The user undertakes to set up his systems and programmes in connection with the use of KiteBnB offering in a way that ensures that the security, integrity and availability of systems set up by KiteBnB to provide its services are not affected. Users must not block, rewrite, or modify content generated by KiteBnB or interfere with the KiteBnB offering in any other way that contravenes the purpose of the user agreement. KiteBnB is entitled to set up the required measures in accordance with section 12 as are necessary to ensure the system integrity of KiteBnB or third-party systems.
4.8 Users must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorised persons or used to send advertising, unless the user in question has expressly granted his consent in advance.
4.9 The user absolutely must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited.
4.10 Each user is himself responsible for archiving any information that can be viewed on the website and saved by KiteBnB that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of KiteBnB.
4.11 In the event of a violation of these General Terms and Conditions by a user, KiteBnB is entitled to exercise its virtual householder rights. KiteBnB can exclude the user in question from using its services, delete the content he uses, or take other measures within the meaning of section 12. KiteBnB will take legal action to exercise its legitimate rights to forbearance and compensation.
5 Handling of content and rights
5.1 Within the framework of the platform’s functionality, providers can present to potential tenants using a variety of media. Certain rules must be complied with to ensure that the various media are utilised legally so that neither the user nor KiteBnB can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
5.2 KiteBnB saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are therefore solely responsible for the multimedia content they upload to KiteBnB and indemnify KiteBnB against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
5.3 Users will therefore ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of the Strafgesetzbuch (SGB – German Penal Code) or the Jugendmedienschutz -Staatsvertrag (JMStV – German Interstate Treaty on the Protection of Minors in the Media). The user also undertakes not to utilize content that is pornographic, glorifies violence, or is race baiting. This also applies to the sending of e-mails and other electronic communication media of the platform.
5.4 By uploading multimedia content, users transfer to KiteBnB a free, revocable, unlimited, non-local right of use that can be sublicensed to the multimedia content uploaded to KiteBnB by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from KiteBnB’s contractual partners.
5.5 The content offered via KiteBnB is protected by copyright. The platform is generally accessed and utilised individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programmes, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
5.6 In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, KiteBnB is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his multimedia content on the internet platform or the release of his deleted user profile.
6 Availability and amendment of the website
6.1 The user has no legal claim to permanent use of the platform. In particular, KiteBnB is not required to ensure that the platform is available or can be reached at all times. However, KiteBnB endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
6.2 KiteBnB can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, KiteBnB will take users’ legitimate interests into account by notifying them in advance.
7 Liability for third-party sites
7.1 The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to KiteBnB. KiteBnB merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. KiteBnB does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
7.2 The owners of the Internet sites to which the KiteBnB platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
8 Booking process, payment, invoicing
8.1 By listing an accommodation on the KiteBnB website, the provider is issuing an invitation to submit offers. Another user can submit an offer to conclude a lease for this accommodation. The agreement arises if the provider accepts this offer within 24 hours in a manner intended by KiteBnB. Otherwise, the other user is no longer bound to his offer.
8.2 Cancellations are considered to be withdrawals before the planned check-in. One of the options shown under Cancellation Policies can be agreed. Refunds required as a result will be paid by KiteBnB to the user using the same channel chosen by him within the meaning of section 8.4.3.
8.3 The provider must ensure that:
8.3.1 the description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer.
8.3.2 successfully booked accommodation is indicated accordingly.
8.3.3 information uploaded does not constitute references to third-party content.
8.3.4 he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The provider will be solely responsible of the obligations and duties of the offer content. KiteBnB is entitled to verify the offer of the users and ask for the corresponding proofs.
8.4 The payment process shall take place under the following provisions:
8.4.1 The agreement arises by way of a total price shown at the end of the booking. This consists of the rent and the processing fee, which comprises an administration component and a property-based component determined by the rent. After a booking has been made, KiteBnB notifies users of its content and the total price.
8.4.2 KiteBnB is entitled to change the amount of processing fees at any time. This does not apply to leases already concluded. The provider will be notified of the amount of the processing fee by e-mail in a timely manner together with the booking inquiry.
8.4.3 The tenant must pay the total price shown in the booking, possibly in several instalments, by way of the channel chosen in the booking process. KiteBnB receives the money from the tenant on behalf of the provider and holds it for the provider in a non-interest-bearing trust account. If debt collection is unsuccessful, the tenant must reimburse any additional costs incurred. This does not apply if the tenant is not responsible for the failure of debt collection.
8.4.4 On conclusion of the booking process, the tenant instructs KiteBnB to transfer the rent to the provider 24 hours after the start of his stay in the rented accommodation. If use of the accommodation is not transferred to the tenant as per contractual arrangement, the tenant has the right to revoke this instruction to KiteBnB. Instructions to KiteBnB must be revoked immediately stating grounds and using the contact form.
8.4.5 Users can offset KiteBnB processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties.
8.5 On request, the provider must issue the tenant with an invoice for the total price. On request, KiteBnB will issue the provider with an invoice for the processing fee, in accordance with tax law provision.
8.6 Unless KiteBnB is notified otherwise, it is refutably assumed that the provider operates in a business capacity and is aware of his resulting (sales) tax obligations and satisfies these accordingly. KiteBnB is entitled to demand corresponding evidence of the provider’s business capacity.
8.7 The provider reserves the right to additionally charge other on-site costs based on consumption and use (in particular: electricity, water, heating). The provider must advise the tenant that he has a basic right to charge these costs before concluding the agreement. Such costs are not taken into account in the calculation of the processing fee. This also applies to any security deposit.
8.8 Booking vouchers issued by KiteBnB can be used by tenants to make bookings within set periods. Tenants do not receive any payment.
8.9 Users are prohibited from circumventing the above booking and payment processes, in particular the processing fees.
9 Cancellation and Refund
9.1 If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host.
9.2 If, as a Host, you cancel a confirmed Booking, you agree that KiteBnB may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee.
9.3 In certain circumstances, KiteBnB may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. KiteBnB may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that KiteBnB and the relevant Guest or Host will not have any liability for such cancellations or refunds.
9.4 If you owe or agree to pay any amount via KiteBnB Payments to KiteBnB (whether as a result of your Bookings or actions as a Guest or otherwise), then KiteBnB Payments may (but is not obliged to) withhold the amount owing to KiteBnB from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to KiteBnB. If KiteBnB Payments does so, then your obligation to pay KiteBnB will be extinguished to the extent of the amount withheld by KiteBnB Payments, and KiteBnB will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail as provided to KiteBnB and/or KiteBnB Payments by you. Such communication may be made by KiteBnB, KiteBnB Payments or by anyone on their behalf, including but not limited to a third party collection agent.
9.5 If KiteBnB Payments is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, KiteBnB Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail, as provided to KiteBnB and/or KiteBnB Payments by you. Such communication may be made by KiteBnB, KiteBnB Payments or by anyone on their behalf, including but not limited to a third party collection agent.Please note that KiteBnB Payments cannot control any fees that may be charged to a Guest by his or her third-party payment service provider related to KiteBnB Payments’ collection of the Total Fees, and KiteBnB Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
9.6 If KiteBnB decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the KiteBnB Terms of Service or Guest Refund Policy, you agree that KiteBnB Payments and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed Booking or KiteBnB decides that it is necessary to cancel a confirmed Booking, and KiteBnB issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid, KiteBnB Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you or by engaging a third party collection agent.
These terms and conditions govern KiteBnB’s Guest Refund Policy (the “Guest Refund Policy”) available to Guests who book and pay for an Accommodation listed by a Host through the KiteBnB Site or Application (the “Platform") and suffer a Travel Issue and the obligations of the Host associated with the Guest Refund Policy.
10.1 Travel Issue. A “Travel Issue” means any one of the following: (a) the Host of the Accommodation (i) cancels a reservation shortly before the scheduled start of the reservation, or (ii) fails to provide the Guest with the reasonable ability to access the Accommodation (e.g., by providing the keys and/or a security code). (b) the description of the Accommodation in the Listing is materially inaccurate with respect to: (i) the size of the Accommodation (e.g., number and size of the bedroom, bathroom and/or kitchen or other rooms), (ii) whether the reservation for the Accommodation is for a private room or shared room, and whether another party, including the Host, is staying at the Accommodation during the reservation, (iii) special amenities or features represented in the Listing are not provided or do not function, such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances), and electrical, heating or air condition systems, or (iv) the physical location of the Accommodation (proximity). (c) at the start of the Guest’s reservation, the Accommodation: (i) is not generally clean and sanitary (ii) contains safety or health hazards that would be reasonably expected to adversely affect the Guest’s stay at the Accommodation in KiteBnB’s judgment, (iii) does not contain clean bedding and bathroom towels available for the Guest’s use, or (iv) has vermin or contains pets not disclosed on the Listing.(D) The accommodation will prove as uninhabitable or habitable to a limited extend during the stay of guest due to e. g. fail or malfunction of sanitary facilities, fail or malfunction of heating or air condition, flooding or damages by water penetration, vermin infestation or if special amenities or features mentioned in the listing such as decks, pools, hot tubs, bathrooms (toilet/shower/bathtub), kitchen (sink/stove/refrigerator or major other appliances) prove to fail or malfunction.
10.2 The Guest Refund Policy. If you are a Guest and suffer a Travel Issue, we agree, at our discretion, to either (i) reimburse you up to the amount paid by you through the Platform, as determined by KiteBnB in our discretion, depending on the nature of the Travel Issue suffered or (ii) use our reasonable efforts to find and book you another Accommodation for any unused nights left in your reservation which in our determination is reasonably comparable to the Accommodation described in your original reservation in terms of size, rooms, features and quality. All determinations of KiteBnB with respect to the Guest Refund Policy, including without limitation the size of any refund, shall be final and binding on the Guests and Hosts and are defined at our discretion.
10.3 Conditions to Claim a Travel Issue. Only a Guest may submit a claim for a Travel Issue. If you are a Guest, in order to submit a valid claim for a Travel Issue and receive the benefits with respect to your reservation, you are required to meet each of the following conditions: (a) you must bring the Travel Issue to our attention in writing to email@example.com and provide us with information (including photographs or other evidence) about the Accommodation and the circumstances of the Travel Issue within 24 hours after the start of your reservation, and must respond to any requests by us for additional information or cooperation on the Travel Issue; (b) you must not have directly or indirectly caused the Travel Issue (through your action, omission or negligence); and (c) you must have used reasonable efforts to try to remedy the circumstances of the Travel Issue with the Host prior to making a claim for a Travel Issue.
10.4 Minimum Quality Standards, Host Responsibilities and Reimbursement to Guest. If you are a Host, you are responsible for ensuring that the Accommodations you list on the Platform meet minimum quality standards regarding access, adequacy of the description on the Platform, safety, cleanliness, and do not present a Guest with Travel Issues. 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 Guest issues. If you are a Host, and if (a) KiteBnB determines that a Guest has suffered a Travel Issue related to an Accommodation listed by you and (b) KiteBnB either reimburses that Guest any amount up to the amount paid by the Guest through the Platform for the Accommodation or provides an alternative Accommodation to the Guest, you agree to reimburse KiteBnB up to the amount paid by KiteBnB within 30 days of KiteBnB’s request. All determinations of KiteBnB with respect to the Guest Refund Policy, including without limitation the size of any refund to the Guest, shall be final and binding on the Guests and are defined at our discretion. Hosts and You also agree that in order for you to reimburse KiteBnB up to the amount paid by KiteBnB, KiteBnB may off-set or reduce any amounts owed by KiteBnB to you by this amount. If KiteBnB doesn´t owe any amounts and you don´t fulfil our payment request KiteBnB reserves the right to collect pending amounts including but not limited to a third party collection agent.If the Guest remains for part or all of the stay despite the Travel Issue, the Guest will receive a refund that will reduce the amount of the Accommodation Fees ultimately paid to you. If the Guest is relocated to an alternative Accommodation, you may lose part or all of the Accommodation Fee payment for the booking and you may be responsible for reasonable additional costs incurred to relocate the Guest to the alternative Accommodation. The rights of the Guests under the Guest Refund Policy supersede the cancellation policy established by a Host. If you as a Host dispute the Travel Issue you may notify us in writing to firstname.lastname@example.org and provide us with information (including photographs or other evidence) disputing the claims regarding the Travel Issue, provided you must have used reasonable and good faith efforts to try to remedy the Travel Issue with the Guest prior to disputing the Travel Issue claim. You agree that all determinations of KiteBnB with respect to the Travel Issue shall be final and binding on the Guests and Hosts regardless of your submission of a dispute against such Travel Issue. In the event of one or more Travel Issues, KiteBnB, in its discretion, may elect to take additional actions. These actions include, but are not limited to, negatively affecting your Listing ranking, automated reviews indicating Travel Issues, cancelling future bookings, suspending or removing the Listing of the Accommodation or imposing penalties or fees for the administrative burden associated with the Travel Issues.
10.5 General Provisions.(a) No Assignment/No Insurance. This Guest Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Guest, and the Guest has not paid any premium in respect of the Guest Refund Policy. The benefits provided under this Guest Refund Policy are not assignable or transferable by you. (b) Modification or Termination. KiteBnB reserves the right to modify or terminate this Guest Refund Policy, at any time, in its sole discretion, and without prior notice. If KiteBnB modifies this Guest Refund Policy, we will post the modification on the Platform or provide you with notice of the modification and KiteBnB will continue to process all claims for Travel Issues made prior to the effective date of the modification. (c) Entire Agreement and Definitions. This Guest Refund Policy constitutes the entire and exclusive understanding and agreement between KiteBnB and you regarding the Guest Refund Policy and supersedes and replaces any and all prior oral or written understandings or agreements between KiteBnB and you regarding the Guest Refund Policy. (d) Controlling Law is the law of the Federal German Republic. (e) Limitation of Liability. IN NO EVENT WILL KITEBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS GUEST REFUND POLICY, EXCEED THE AMOUNT OF THE ACCOMMODATION FEES COLLECTED BY KITEBNB FROM THE GUEST. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT, BY POSTING A LISTING OR BOOKING AN ACCOMMODATION OR OTHERWISE USING THE PLATFORM AS A HOST OR GUEST, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS GUEST REFUND POLICY.
11 Security deposit
11.1 The provider is entitled to charge a security deposit in his offer. If a provider demands a security deposit from the tenant on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit will be reserved on the arrival day on the guests credit card.The reservation of the security deposit will be canceled the earliest seven days after departure as long as there are no provider claims as described in 9.2.
11.2 The provider is allowed to assign his claims in the event of damage in parts or in total by support of KiteBnB. KiteBnB provides a form for documentation of the damage event. After completion of the damage event form KiteBnB will debit the guests credit card and execute payout of security deposit towards the host within seven days. KiteBnB charges 5% fee for processing security deposit claims.
11.3 If the provider did not mention the security deposit when advertising his accommodation, but demands a security deposit at a later time and the tenant does not agree, this constitutes a refusal to render performance by the provider under the agreed contract. In such cases, KiteBnB reserves the right to cancel the booking and to charge the provider a cancellation fee.
11.4 KiteBnB is not responsible for any claims asserted by the provider or any demages caused by the guest.
12 Review system
12.1 The website allows guests to review hosts after performance of the agreement. Reviews are intended to provide meaningful information on hosts' trustworthiness. The reviews are not reviewed in advance by KiteBnB.
12.2 Users undertake to make only truthful statements in the reviews they submit and to comply with the corresponding legal provisions. The reviews expressed by users must not violate third-party rights, in particular personality rights. They must be objective and must not contain defamatory criticism.
12.3 Any use of the review system contrary to the purpose of the review system is prohibited. In particular, users are prohibited from issuing reviews about themselves or arranging for third parties to let information be known in reviews that is unrelated to the settlement of the underlying agreement, and are prohibited from using reviews for any purpose other than presentation on the website.
12.4 KiteBnB does not intervene in the review system without justifiable grounds. Reviews issued will be neither amended nor removed by KiteBnB unless KiteBnB is legally and specifically required to do so. Reviews cannot be altered after they have been posted. They are saved permanently in a user’s reviews profile and can be viewed by all users. KiteBnB is entitled to add notes to a review if this is useful for clarification and a better understanding of the review in question. The only case where KiteBnB will publish a review in place of a user is if the Host has cancelled a booking, in which case an automatic one-star review will be published on the offer.
12.5 If reviews are abused by a user, KiteBnB shall have the right to remove the review as an exception and to take the measures stated in section 12. This applies in particular if:
12.5.1 the review must be removed on account of an enforceable court ruling against those who issued the review;
12.5.2 the comment contains remarks that are vulgar, obscene, racist, not suitable for minors, or criminally offensive;
12.5.3 the review contains another member’s personal information, such as name, address, telephone number or e-mail address;
12.5.4 the review contains unauthorised links or scripts;
12.5.5 if a user has inadvertently posted a negative review for the wrong user, but has already corrected this error and assigned the same review to the correct user;
12.5.6 the review was issued by a person who was not authorised to make the booking;
12.5.7 the review comes from a user whose user account was blocked by KiteBnB within 90 days of registration. This does not apply to user accounts that are blocked for non-payment of a processing fee or in situations where users are granted the opportunity to solve the problem and the user account is restored.
12.6 Both parties to the agreement can agree to withdraw a review that has already been issued. The review point will be removed and will no longer be included in the reviews profile.
13 Duration, termination
13.1 The user agreement is concluded for an indefinite period.
13.2 The user can terminate it at any time without notice. A declaration of termination to KiteBnB in written form (e.g. letter, fax, e-mail) is sufficient. User's leases with other users that have already been proven or arranged remain unaffected by the termination of the agreement. This applies accordingly to claims for the payment of processing fees already due.
13.3 KiteBnB can terminate the user agreement at any time with two weeks’ notice.
13.4 This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, KiteBnB has just cause if:
13.4.1 The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
13.4.2 The user violates his obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for KiteBnB to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations;
13.4.3 Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
13.4.4 KiteBnB discontinues its platform or business activities;
13.4.5 Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
14 Measures in the event of illegal conduct and/or conduct in breach of contract by the user
14.1 If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms and Conditions or if KiteBnB otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, KiteBnB can take one or more of the following actions subject to termination without notice:
14.1.1 Issue the user with a warning;
14.1.2 Delete the user's offers or other content;
14.1.3 Restrict the user's use of the website;
14.1.4 Temporarily or permanently exclude (block) the user from the website;
14.1.5 Contest and cancel existing leases in the name of the provider without taking into account the otherwise applicable cancellation policies, and reject the user’s offers for the conclusion of a lease in the name of the provider.
14.2 KiteBnB also takes the legitimate interests of the user in question into consideration when choosing these measures.
14.3 Leases that have already been concluded between the user and other users are not affected by deletion of an offer. This applies accordingly to claims for the payment of processing fees already due. An effective lease does not arise if KiteBnB deletes an offer before it is accepted by a user.
14.4 KiteBnB reserves the right to block a user in any of the following cases, taking the legitimate interests of the user into account. KiteBnB has the right to block a user when:
14.4.1 the user has repeatedly received negative reviews in the review system as per section 10 and must be blocked to protect the interests of other market participants;
14.4.2 the user has provided incorrect contact information in his user account, in particular an incorrect or invalid email address;
14.4.3 a user account is transferred to another party;
14.4.4 the user significantly harms other users, in particular if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.;
14.4.5 there is just cause due to similar risk and responsibility of the user.
12.4.6 a user shows a capture rate that is significantly lower than the average rate and an improvement cannot be predicted.
14.5 After a user has been permanently blocked by KiteBnB, he is not entitled to have the blocked user account or the reviews profile restored. The user will also no longer be permitted to use the website with other user accounts or to re-register.
15 KiteBnB’s liability
15.1 KiteBnB is fully liable for damages caused with intent or through gross negligence by KiteBnB, its employees or agents, for fraudulent concealment of defects, if a guarantee was expressly assumed and for damages arising from injury to life, body and health.
15.2 KiteBnB is liable for other damages only if they arise from violation of a duty whose fulfilment makes the proper implementation of the agreement possible and compliance with which is regularly trusted by the parties to the agreement. Its duty to pay compensation is limited to such damages considered typical for the agreement and foreseeable. This does not affect any liability under the Produkthaftungsgesetz (German Product Liability Act).
15.3 As KiteBnB does not participate in the contractual relationship between the tenant and the provider, KiteBnB accepts no liability for contracts for accommodation.
16 Closing provisions
16.1 KiteBnB is authorised to transfer its rights and obligations under this agreement in full or in part to third parties.
16.2 This agreement is subject solely to the substantive laws of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods and German international private law.
16.3 If the user is a consumer within the meaning of section 13 of the Bürgerliches Gesetzbuch (BGB – German Civil Code), this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.
16.4 If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
16.5 All declarations to be sent in connection with the user agreement to be concluded with KiteBnB must be issued in writing or by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
CEOs: Jörg Asthoff & Pascal Kuehnhenrich
VAT number: 105/5826/3410
VAT indentification number (in accorance with section 27 a of the German VAT act): DE308965184