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Terms of Service

Terms of Service

 

 

  1. Scope, amendment of General Terms and Conditions  
    1. The General Terms and Conditions (GTC) below apply to the use of the platform www.Koshack.com (also: “platform”). This is a service of Koshack.com (“Koshack.com” or “we” or “us” or “our”).
    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 Koshack.com.
    3. Koshack.com offers the usage of its platform, in particular the use of the database, solely on the basis of these General Terms and Conditions.
    4. By registering for or using our services, Users consent to the validity of these General Terms and Conditions.
    5. Koshack.com 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 Koshack.com 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.
    6. Conflicting terms and conditions of the User have no effect, even if Koshack.com does not contradict them.

 

  1. Performance by Koshack.com, performance by providers 
    1. The platform is an online marketplace on which Users can offer and rent apartments, houses, rooms or other accommodation (“accommodation”).
    2. On www.Koshack.com Koshack.com provides a platform on which Users can communicate with each other and conclude agreements. Koshack.com itself does not offer any accommodation; it merely acts as an intermediary for the conclusion of agreements between Users.
    3. Leases are concluded exclusively between the User providing the accommodation (“provider”) and the User renting the accommodation (“tenant”). Koshack.com itself is not a party to the leases concluded between the website’s Users. However, Koshack.com is entitled to act as a representative for the provider with the authority to conclude agreements and to conclude agreements on its behalf. However, each of the provider and the tenant is responsible for satisfying its own contractual obligations. Koshack.com is not responsible for ensuring the fulfillment of obligations by the provider or the tenant. In the event of default by a provider or tenant, the defaulting party is responsible for remedying the default or otherwise compensating the tenant. Koshack.com will facilitate communication between the parties and transmit the contact data of both parties for this purpose.
    4. Koshack.com is not responsible for the accuracy with which photographs and descriptions depict accommodation on the platform. Koshack.com cannot and does not assume any responsibility for the verification of any User’s identity. Koshack.com 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 Koshack.com. Koshack.com is not responsible for third-party offerings or content.
    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 Koshack.com.
    6. Providers and tenants are responsible for fulfilling their respective obligations under applicable law.
    7. Providers are responsible for paying applicable taxes.
  2.  Registration, realization of the User agreement, contractual declarations 
    1. User registration is required for the use of Koshack.com’s offering. Registration is free of charge and requires that Users accept Koshack.com’s General Terms and Conditions. The User agreement between Koshack.com and the User arises on receipt of the registration confirmation e-mail at the e-mail address provided by the User.
    2. Registration is available only to natural persons and entities. The registration of an entity may be performed only by a natural person with authority to sign on behalf of the entity. When registering, only individuals may be named as the owner of the User account (i.e. no married couples or families).
    3. When registering, the User undertakes to provide accurate, up-to-date and complete information as required by the registration form, including first and last name, current address (not a PO box), 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. When registering, the User chooses a member name and a password. The member name cannot be an e-mail or Internet address, must not violate third-party intellectual property rights and must conform to the bounds of common decency. After registration, the User will be assigned a password and name for the User account.
    4. By accepting these general terms and conditions, the User agrees to receive newsletters and similar information via e-mail. The User can revoke its consent at any time without any costs.
  1. User obligations, User account, system integrity 
    1. The User is solely responsible for all content uploaded to the platform. The User undertakes not to place illegal content on the platform and to refrain from any actions that violate applicable laws.
    2. The provider is responsible for ensuring that the accommodation offered is described correctly and completely. The User shall input the information in Koshack.com’s required fields so that the accommodation and the offer are described precisely and accurately. In addition, the provider has the right to add further conditions, such as the amount of any deposit, the cost of final cleaning, cancellation policy, etc. The User undertakes to keep the information in its User account up-to-date and accurate at all times, and to update it immediately in the event of a change. 
    3. The User undertakes to be the sole user of its User account and to keep its password secret.
    4. The User is liable to Koshack.com for all actions performed using its User account.
    5. If a User becomes aware that third parties have access to its User data or have otherwise gained access to its User account, the User shall immediately notify Koshack.com. Koshack.com reserves the right to freeze the User account until further notice.
    6. Each User must independently verify the identity of its respective contract partner. Koshack.com accepts no liability for the accuracy of the User contact information entered on the platform.
    7. The User undertakes to set up its systems and programs in connection with the Koshack.com platform in a manner that is consistent with the security, integrity and availability of Koshack.com’s platform. Users are prohibited from blocking, rewriting, or modifying content generated by Koshack.com or interfering with the Koshack.com platform in any manner that violates the User agreement.
    8. Users shall not use addresses, contact data, or e-mail addresses obtained through use of the website for any purpose other than for communication with potential contract partners. Users shall not share this data with unauthorized persons or use the data for advertising purposes, unless the User in question has expressly granted consent to such use in advance.
    9. The User is absolutely prohibited from sending mass messages via the platform. Any spamming or other harassing action towards other Users or third parties is prohibited.
    10. Each User is personally responsible for archiving any information that can be viewed on the website and saved by Koshack.com that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of Koshack.com.
    11. In the event of a violation of these General Terms and Conditions by a User, Koshack.com reserves the right to exercise its duties as administrator of the platform. Koshack.com has the right to exclude the User from using its services, delete the User’s content, or take other measures within the meaning of section 12. Koshack.com will take legal action to exercise its legitimate rights to forbearance and compensation.

 

  1. Handling of content and rights 
    1. The platform allows providers to present information to potential tenants using a variety of media. User shall ensure that information presented in any media does infringe the intellectual property rights of any person or otherwise violate these General Terms and Conditions.
    2. Each User is solely responsible for the multimedia content uploaded to Koshack.com and hereby indemnifies Koshack.com against all third-party claims resulting from such uploaded content, related legal costs incurred by Koshack.com.
    3. Each User shall ensure that his uploaded content does not violate applicable law, community standards, or third-party rights. The User also undertakes not to utilize content that is pornographic, glorifies violence, or offensive. These restrictions also apply to the content of e-mails and other electronic communication media of the platform.
    4. By uploading multimedia content, a User grants to Koshack.com a free, revocable, unlimited, non-local right of use with right of sublicense to any multimedia content uploaded to Koshack.com by the User. The right of use includes the right to process the multimedia content for 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 a receiver terminal that allows online access, including desktop and laptop computers 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 Koshack.com's contractual partners.
    5. The content provided by Koshack.com is protected by copyright. It is prohibited to use technologies such as web spiders, crawlers, or similar programs, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content or so-called screen scraping and other third-party services.
    6. If a User violates any of these General Terms and Conditions, Koshack.com has the right to exclude content, to delete and block content, and to delete the User’s pages and any links to them. In such case, the User shall have no right to the restoration of its multimedia content on the internet platform or the release of its deleted User profile.
  2.  Availability and amendment of the website 
    1. No User has an irrevocable right to use the platform. Koshack.com is not required to ensure that the platform is available or accessible at all times. However, Koshack.com endeavors to maintain operation of the platform with a minimum of disruptions and to continue to develop it in line with User requirements.
    2. Koshack.com has the right to temporarily restrict access, as needed for purposes of security, integrity, capacity limits, or the performance of maintenance. In such cases, Koshack.com will notify Users in advance of any planned disruptions of service.

 

  1. Liability for third-party sites 
    1. The platform’s pages include links to websites on the Internet maintained by third parties, the content of which is unrelated to Koshack.com. Koshack.com merely provides access to the websites and accepts no responsibility for the content. Links to third-party Internet sites are provided for Users’ convenience. Koshack.com does not endorse the views expressed on any site to which it links.
    2. The owners of the Internet sites to which the Koshack.com platform hyperlinks are solely responsible for both the content and the goods or services offered for sale.
  1. Booking process, payment, invoicing 
    1. When a provider lists an accommodation on the Koshack.com website, this is an invitation to potential tenants to submit offers. Any User can submit an offer to conclude a lease for this accommodation. The agreement is concluded when the provider accepts the offer within 24 hours in a manner permitted by Koshack.com. If the acceptance does not follow the rules of Koshack.com, no agreement exists and the other User is not bound to fulfill his offer.
    2. Refunds from Koshack.com will be paid to the User using the same method chosen within the meaning of section 8.4.3.
    3. Every provider must ensure that: 
      1. the description of the accommodation and any images thereof do not violate the law or any third-party rights and they relate only to the accommodation being offered.
      2. uploaded information does not reference third-party content.
      3. the provider complies with applicable law and regulations, such as income tax and sales tax obligations, if applicable. The provider is solely responsible for performing any obligations in connection with an offer of accommodation. Koshack.com reserves the right to verify the content of any offer and require that the User provide satisfactory evidence that such content is true. 
  2. Payment shall be governed by the following provisions: 
    1. At the end of the booking process, a total price will appear, consisting of the rent amount and the processing fee. After a booking has been made, Koshack.com notifies Users of the terms of the booking and the total price.
    2. Koshack.com reserves the right to change the amount of its processing fee at any time. No such change will apply to leases already concluded. Koshack.com will send an email responding to a provider’s booking inquiry stating the amount of the processing fee.
    3. The tenant shall pay the price shown in the booking, in one or more installments, using the method chosen in the booking process. Koshack.com will receive the money from the tenant on behalf of the provider and hold it for the provider in a non-interest-bearing trust account. The receipt of payment by Koshack.com legally obligates the tenant to fulfill the lease contract.
    4. After the booking is complete, the tenant will instruct Koshack.com to transfer the rent to the provider 24 hours after the start of his stay in the rented accommodation. If the tenant does not gain entry to the accommodation in accordance with the agreement, the tenant has the right to revoke this instruction to Koshack.com. Any revocation of instructions to Koshack.com must be made immediately and must state the reason for the revocation.
    5. Koshack.com will deduct the processing fee from the total payment received, prior to transferring funds from the trust account to the provider.
    6. Users can offset Koshack.com processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties.
  1. On request, the provider shall issue the tenant an invoice in the amount of the total price. On request, Koshack.com will issue the provider an invoice in the amount of the processing fee.
  2. Koshack.com assumes that each provider satisfies applicable income and sales tax obligations. On request, the provider will provide to Koshack.com evidence of its compliance with applicable tax laws.
  3. The provider reserves the right to charge for utilities (including: electricity, water, gas). The provider shall advise the tenant in advance of any such charges prior to concluding the agreement. Such charges and any security deposit are not taken into account in the calculation of the processing fee.
  4. Users are prohibited from circumventing the above booking and payment processes, including the processing fees.
  5. Security deposit 
    1. The provider has the right to require a security deposit. The amount of the security deposit and the payment method must be stipulated prior to the booking. 
    2. If the provider did not provide notice of the security deposit requirement when advertising its accommodation, but later notifies the tenant of such a requirement, the tenant shall have the right to cancel and the provider will be considered the party that cancelled the booking. In such case, Koshack.com reserves the right to charge the provider a cancellation fee.
    3. Koshack.com is not responsible for the administration of security deposits or for any claims asserted by the provider.

 

  1. Review system 
    1. The website allows Users to write a review. Reviews are intended to provide recommendations and other information regarding the Users. The reviews are not moderated in advance by Koshack.com.
    2. Users undertake to make only truthful statements in their reviews and to comply with applicable law. The reviews expressed by Users shall not defame or degrade others. Reviews should include objective criticism only.
    3. Any use of the review system contrary to Koshack.com policies is prohibited. Users may not submit reviews of themselves or arrange for third parties to include information in reviews that is not related to the performance of the agreement.
    4. Koshack.com reserves the right to amend or remove reviews when necessary or appropriate. Reviews cannot otherwise be altered after posting. Reviews are saved in a User’s reviews profile and can be viewed by all Users. Koshack.com reserves the right to add clarifying information to a review. Koshack.com will automatically publish a one-star review where a provider has cancelled a booking.
    5. If any reviews violate our policies, Koshack.com has the right to delete the review and to take the actions provided in section 12. This is justified if: 
      1. Koshack.com is required to remove the review by a court order;
      2. the comment contains remarks that are vulgar, obscene, racist, unsuitable for minors, or criminally offensive;
      3. the review contains another person’s personal information, such as name, address, telephone number or e-mail address;
      4. the review contains unauthorized links or scripts;
      5. a negative review erroneously refers to the wrong User;
      6. the review was written by a person who was not authorized to make the booking;
      7. the review comes from a User whose User account was blocked by Koshack.com 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 have the right to remedy a problem have their User account is restored.
    6. Both parties to an agreement can agree to withdraw a review.

 

  1. Duration, termination 
    1. The User agreement shall continue indefinitely.
    2. A User can terminate the User agreement at any time by sending written notice to Koshack.com (e.g. via letter, fax, e-mail). Termination will not affect any bookings already completed or arranged with another User. 
    3. Koshack.com has the right to terminate a User agreement at any time with two weeks’ notice.
    4. Koshack.com reserves the right to block a User or terminate a User agreement for cause. Cause includes any of the following: 
      1. The User does not satisfy a payment obligation in whole or in part, and has been sent a notice with a reasonable remedy period;
      2. The User violates these General Terms and Conditions and does not take remedial action despite having been sent a notice with a reasonable remedy period. Notice is not required in the case of a fundamental breach of the User’s obligations or a record of repeated violations;
      3. Termination is required by law, court order, or any governmental authority;
      4. Koshack.com discontinues its platform or business activities;
      5. Bankruptcy proceedings are initiated against the User.

 

  1. Illegal conduct or breach of contract by User 
    1. If there is evidence that a User is violating the law, infringing third-party rights, violating the General Terms and Conditions or if Koshack.com otherwise considers such action necessary or appropriate (e.g., to protect other Users from fraudulent activities), Koshack.com has the right take one or more of the following actions subject to termination without notice: 
      1. Issue the User a warning;
      2. Delete the User’s offers or other content;
      3. Restrict the User’s use of the website;
      4. Temporarily or permanently block the User from the website;
      5. Cancel any agreement in the name of a provider or reject a User’s offer in the name of a provider.
    2. Offers will not be deleted retroactively after a tenant has completed a stay. 
    3. Koshack.com reserves the right to block a User in any of the following cases: 
      1. the User has repeatedly received negative reviews;
      2. the User has provided incorrect contact information in its User account, including an incorrect or invalid email address;
      3. a User account is transferred to a third party;
      4. a User causes significant harm to other Users, including physical damage to accommodations or furnishings that are damaged, destroyed, stolen, etc.;
      5. a User shows a capture rate that is significantly lower than the average rate.
    4. After a User has been permanently blocked by Koshack.com, the User has no right to have the blocked User account or the reviews profile restored. The User will not be permitted to use the website with other User accounts or open a new User account.
  1. Koshack.com’s liability 
    1. Koshack.com shall not be liable in any way for damages except for damages caused with willful intent or by gross negligence of Koshack.com, its employees or agents.
    2. As Koshack.com is not a party to the contractual relationship between tenant and provider, Koshack.com has no liability for contracts for accommodation.
    3. Each User agrees to defend, indemnify and hold harmless Koshack.com and any of its officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any content uploaded by another User; (b) any third party content or the Site; (c) any breach by such User of these Terms of Use or the documents referenced herein; (d) any violation by such User of any law or the rights of a third party; or (e) the use by a User of any accommodation.
  1. Closing provisions 
    1. Koshack.com is authorized to transfer its rights and obligations under this agreement in whole or in part to third parties.
    2. 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.
    3. All notices required to be sent in connection with the User agreement must be in writing and sent by letter or email. The mailing address and email address of a User are those that are stated as the current contact data in the User’s User account.