1. Coverage, Changings of the Terms and Conditions
1.1. The applying version for those Terms and Conditions is the German version.
1.2. For any business relations between the user of the online platform MyDiegoTrip.com and the Yoooble UG (restricted liability), Pfarrer Brantzen Str. 116, 55122 Mainz, Germany, CEO: Sediq Nazary (followed titled as MyDiegoTrip) the following Terms and Conditions are applied.
1.3. Opposed Terms and Conditions or divergent Terms and Conditions are not accepted by MyDiegoTrip if not confirmed in a explicit written way. Those Terms and Conditions still apply if MyDiegoTrip executes those Terms and Condition even if informed about about opposed or divergent Terms and Conditions written here or proposed by an user.
1.4. MyDiegoTrip provides the user on demand additional services. Therefore other regulations apply.
2. Registration, Agreement of User Contracts, Duties concerning the Users
2.1. In general every natural person or legal person can use MyDiegoTrip. Every person must register on the online platform of MyDiegoTrip. The profile and the user account must be managed by a full aged person.
2.3. For the contract we save the registration dates, the reservation dates and the Terms and Conditions. After a completed reservation and booking via MyDiegoTrip the contract dates will be available for specific usage in case of a verified and legitimate request within the obligatory period of saving.
2.4. The user is bounded to provide true, current and complete information during the registration process.
2.5. The user takes care that the data will be updated and kept current at all time. The user will inform MyDiegoTrip in case of important changings of the data.
2.6. The registration for usage of MyDiegoTrip via the web site of MyDiegoTrip is currently free of charge.
3. Services of MyDiegoTrip
(Platform Functions, Conclusion of Contract between User, Method of Payment )
3.1. MyDiegoTrip provides registered user an online platform. On this platform the user can present other user apartments, rooms or other housing options (followed titled as housing). On the other hand the user can search for housing on this platform and also request a reservation and book it. MyDiegoTrip sees itself as an arbitrator to bring tenants and landlords together.
3.2. Provider of housing will followed be titled as landlords, searching people as tenants. The term user includes landlords and tenants.
3.3. Explicitly announced shall be that MyDiegoTrip itself does not offer housing. Also MyDiegoTrip is not a contractual partner within the contracts made between the user (landlords and tenants). MyDiegoTrip does not make a declaration of intent within the contract negotiations between landlords and tenants.
3.4. MyDiegoTrip bounds itself to ensure a reliable and safe processing of the offered services referred to clause 7 (bzw. 8) of this Terms and Conditions; MyDiegoTrip takes over the demand of the rental price right after being published by the landlord and requests this demand at the tenant by using its own name (see clause 7).
3.5. MyDiegoTrip offers the possibility to every user to use this online platform as well as a landlord and as a tenant.
3.6. MyDiegoTrip currently does not offer its users the technical possibility to publish content (text and pictures) by themselve on this website.
3.7. Housing/listings will be published online by MyDiegoTrip. The publishing includes description, pictures, prices, availability dates and a user profile.
3.8. MyDiegoTrip offers landlords the possibility decide the prices for housing for certain periods.
3.10. MyDiegoTrip transmits reservation and booking requests from tenants to landlords.
3.11. MyDiegoTrip transmits the acceptance of a binding booking request from the landlord to the tenants; Tenants and landlords contract a binding rental agreement after it was send to them by MyDiegoTrip. A booking is binding after the payment of the first month rent and the deposit from the tenants to MyDiegoTrip.
3.12. Before a booking a reservation request can be done as long as the requested housing was not yet booked as a whole unit by a single person or group. In case of a reservation of only a part of the housing there is no booking guaranteed.
3.13. MyDiegoTrip bounds itself to keep the paid amount of the tenant (first month rent and deposit) until the tenant has moved into the housing of the landlord.
3.14. After the move-in in the landlord’s housing the tenants has two days to claim happenings or the conditions in the housing of the landlord. For this the tenant has to contact MyDiegoTrip on this web site on “Contact”.
3.15. In case of no claim or cancellation the landlord will get the amount (first month rent and deposit) deducted of a booking fee of MyDiegoTrip within two weeks. After that a refund of MyDiegoTrip for the tenants is not possible anymore.
3.16. The booking fee and the account of the landlord on which the amount of the tenant will be credited will be stated before publishing the listing.
4. Special services of MyDiegoTrip (Terms of Cancellation, Transactions)
4.1. For cancellations of a binding booking MyDiegoTrip can charge a cancellation fee.
4.2. The cancellation fees are $250 for each tenants if canceled in less than 14 days before the move-in date. In case of a cancellation more than 14 days before move-in there will no cancellation fees be charged.
4.3. The cancellation fee for tenants is $250 for each tenant if the tenant cancels the housing booked with MyDiegoTrip without any serious reason within two days after arrival at the rental destination. If the tenants find an alternative housing with help of MyDiegoTrip the cancellation fee is waived.
4.4. The cancellation fee for a landlord is $300 if the landlord cancels in less than 14 days before the move-in date. This amount will be invoiced from MyDiegoTrip to the landlord. In case of a cancellation more than 14 days before move-in there will no cancellation fee be charged.
4.5. A housing listing is not a legally binding offer of the landlord. It is only an opportunity for the tenant to make a legally binding offer. Only with the acceptance of this through the landlord and the tenant inclusive the payment of the first month rent and the deposit to MyDiegoTrip a binding contract is made.
4.6. If the landlord does not show up at the appointed place on the appointed date and if the landlord is not available within an appropriate period of time this will be suggested as a cancellation of the landlord.
4.7. MyDiegoTrip offers tenants the service to claim upcoming problems related to the housing booked with MyDiegoTrip. This must happen within 48 hours after the move-in date. The claim has to be turned in in a written form (E-Mail). In this claim the tenant has to name the claim concrete and as detailed as possible. If this happend MyDiegoTrip tries to find an amicable solution. A solution is amicable if both housing parties (landord and tenant) turn in two equal declarations of intention. Written in those has to be that both parties do accept the mediated solution. The declaration of intentions must be turned in in a written form (E-Mail).
5. Services and other Duties of the Landlord
5.1. The landlord undertakes to process the offered services referred to clause 7 and 8.
5.2. The landlord undertakes to provide MyDiegoTrip with true and correct contact data, inclusive the data for the payment process.
5.3. The landlord undertakes to accept the tenant’s conditions of cancellation as a part of the contract between landlord and tenant.
5.4. The landlord undertakes to provide true and correct information (description, pictures etc.) about the offered housing to give the tenant a true impression of the housing and the possibility to build himself/herself an own opportunity about the offered housing. The offer must include all characteristics and deficiencies and other lacks of the housing, too. This is very important for the decision of the tenant and can influence the worth of the housing.
5.5. The landlord undertakes to show the complete price of the offered housing on the housing profile (including VAT or other applying taxes). But the landlord undertakes to name additional prices/fees (cleaning fee, deposit etc.) separated in the housing profile. MyDiegoTrip only takes he first month rent and the deposit from the tenant and transfers this amount deducted by the booking fee to the landlord.
5.6. The landlord undertakes to state in the housing profile if sepcific rooms and/or utilities are not meant to be used and/or if there are additional rules of behaviour in the housing that should be stated in the leasing contract (“housing rules”).
5.7. The landlord undertakes to accept or reject a binding booking request as soon as possible, latest within 48 hours.
5.8. The landlord undertakes to not charge any additional fees, payments or booking fees besides the prices and the total amount stated in the housing profile.
5.9. The landlord undertakes to provide the tenant with a proper bill.
6. Services and other Duties of the Tenant
6.1. The tenant undertakes to process the offered services referred to clause 7 and 8.
6.2. The tenant undertakes to provide MyDiegoTrip with true and correct contact data, inclusive the data for the payment process.
6.3. The tenant undertakes to accept the tenant’s conditions of cancellation as a part of the contract between landlord and tenant.
6.4. The tenant undertakes to accept the “housing rules” (see clause 5.6) as a part of the leasing contract between landlord and tenant.
7. Process of Service (Fees, Payment Process)
7.1. With the acceptance of the binding booking request a valid contract between the landlord and the tenant is made. The contract contains the commitment of the landlord to leave the housing for a defined period of time to the tenant and the commitment of the tenant to pay the landlord a defined amount of money for that. This amount of money persists of two parts: The first month rent and the deposit which will be paid to MyDiegoTrip first and will be forwarded to the landlord deducted by the booking fee after the tenant’s move-in. Further rents have to be paid by the tenant directly to the landlord. Also further fees like cleaning fees etc. Those fees have to be stated in the housing profile.
7.2. The landlord undertakes to pay back the deposit to the tenant after the tenant returned the housing in a proper condition.
7.3. The landlord has the right to ask the tenants to pay the rent from the second month of the rental period on, after the realization of the rental agreement. The demand for the rent is permitted after the tenants moved in the house of the landlord.
7.4. MyDiegoTrip has no responsibility after the tenants moved in the landlord’s house and told us that they want to move in at the landlord’s house. The tenants have 48 hours to contact MyDiegoTrip and cancel the booking of the house. If the tenant does not contact us within 48 hours, MyDiegoTrip will transfer the first months rent and the deposit, deducting MyDiegoTrips booking fee to the landlord.
7.5. The landlord oblige in paying MyDiegoTrip a booking fee for renting their house for a semester to international students.The booking fee depends on the monthly rent for the housing as a unit and the rental period. We only take a booking fee when we have rented the whole unit successfully. We do not take any fee for posting a housing on our website.
The booking fee will be calculated on the following basis:
● Total monthly rent is higher than $5000
→ 5% of the monthly rent for the whole rental time
● Total monthly rent is between $3500 and $4999
→ 6% of the monthly rent for the whole rental time
● Total monthly rent is between $2000 and $3499
→ 7,5% of the monthly rent for the whole rental time
● Total monthly rent is $2000 or less
→ 10% of the monthly rent for the whole rental time
For example is the rent is $5000 and the rental period is 5 months, our booking fee will be 5% out of $25.000 = $1250. MyDiegoTrip has the right to change the percentage of the booking fee in favor of the landlords for promotions. In that case the landlord will receive an E-mail for the promotion.
7.6. The two parties agree, that the booking fee has to be payed after the tenants move-in. Also the parties agree that the landlord will receive the first months rent and the deposit from MyDiegoTrip within 14 days after the moving-in date of the tenants. The booking fee will be deducted from the deposit. The whole amount will be transferred to the bank account that the landlord announced to MyDiegoTrip.
7.7. The tenant undertakes to to transfer the first months rent and the deposit to a bank account given by MyDiegoTrip after the successful booking of a house.
7.8. MyDiegoTrip takes the debt claim from the tenant in their own name and invoice.
7.9. The tenants oblige, in the case of a lawsuit to provide all available information to MyDiegoTrip. The information have to be true and complete to be accepted in the lawsuit. MyDiegoTrip has the right to add the tenant to a lawsuit in front of the code of civil order.
7.10. In the case of the non redemption of an debt to MyDiegoTrip, MyDiegoTrip has the right to demand the bank information and address of tenant to Yoooble Media UG.
7.11. In the case a bank order is not sufficient, MyDiegoTrip reserves the right to forward bank cost to the tenant. The tenant has to prove that MyDiegoTrip has no damage or no substantial damage to prevent the paying of the bank costs. If after ten days the transfer demand is not fulfilled, there is no obligation for MyDiegoTrip to keep the claim upright, that means the cancel fee that will eligible under the cancellation terms have to be paid by the tenant.
8. Processing of Service in Case of a Cancellation or Claim
8.1. In the case of a cancellation, where both parties agreed to the cancellation terms, the claim of the landlord to receive the first months rent and the deposit will be terminated.
8.2. In case of a cancellation through the tenant based on a disturbance, the tenant will receive the first months rent and the deposit back from MyDiegoTrip. Cancellation fees can apply. (see. clause 4.2)
8.3. As per the cancellation terms there can apply cancellation fees for any kind of cancellation through the landlord or tenant. (See clause 4.2 and 4.3)
8.4. Should the landlord cancel a booking request through students that want to rent the whole house, MyDiegoTrip will review the cancellation. If the booking is not feasible, the tenant will receive all the funds that was transferred prior to the cancellation back from MyDiegoTrip. No fees will apply for the student. Cancellation fees can apply for the landlord, that will be inquired by MyDiegoTrip through an invoice. (See. clause 4.2)
8.5. Should the tenant contact MyDiegoTrip within 48 hours of the move in date in written from MyDiegoTrip to report an disturbance, MyDiegoTrip will inspect the disturbance and solve the problem in best interest of every party involved.
8.6. If a mutual solution can’t be find in 14 days, MyDiegoTrio will get to a decision based on the given information. MyDiegoTrip will act in the best interest of every party involved in the matter. The parties undertake to accept the decision made by MyDiegoTrip. The decision will be effective for the period of the first month of the rental agreement and the usage of the deposit.
9. Suspicion of fraud
9.1. MyDiegoTrip reserves the right to file charges when suspicion of fraud appears. The police and the prosecutor will be informed about the case.
9.2. MyDiegoTrip reserves the right to pay back transferred amounts back, deducting the cancellation fees, that will appear.
10. Content: Rights, granting of rights, forbidden content, indemnity
10.1. Property descriptions
10.1.1. The copyrighted works used by the owners to describe , in particular texts and photographs and graphics and videos ( descriptions of accommodation ) and the texts used by the users for the ratings should not affect the rights of third parties , particularly copyrights, trademarks , or personal rights violated .
10.1.2. Users pledge to have the necessary rights to those referred to in paragraph 10.1.1 texts and photographs and graphics and possibly videos or other works protected and / or trademarks and / or consents with regard . The personality rights .
10.1.3. (Etc. input, upload and thus release by MyDiegoTrip of texts, photographs, videos, graphics) With the making public of a property description or a rating on the online platform of MyDiegoTrip the user grants MyDiegoTrip the free, non-exclusive, temporally and spatially unlimited right to use this work the offered (in whole or part) worldwide to use to provide the services offered by MyDiegoTrip or to advertise this service on the Internet or mobile applications (right of making available), continue this work worldwide for the provision of MyDiegoTrip services or to advertise this service on posters to use in print media of any kind, television and radio advertising (right of reproduction, distribution, broadcasting, communication to the public) as well as the right to edit the works or remodel and the right to these rights to third parties transferred to the extent necessary to fulfill the purpose (provision of the service or application performance offered by MyDiegoTrip) is necessary.
10.1.4. A review of the uploads made by MyDiegoTrip within the meaning of the preceding paragraphs on the legality of the content will not be done by MyDiegoTrip.
10.1.5. MyDiegoTrip reserves the right , when it becomes aware ( information from third parties ) to delete content in whole or in part, in so far as the contents are to be considered illegal or forbidden content or forbidden activity as referred to in 10.2.
10.2. Other forbidden content and activities
10.2.1. It is up to the users to ensure that their conduct on the online platform complies with the applicable laws and these Terms and Conditions. The content and activities depicted below are those that violate the law, within the meaning of section 10.1 does not have the online platform or otherwise in the interest of MyDiegoTrip not be published on the services of MyDiegoTrip or may be entered into, and consequently on the online platform and its services are prohibited:
• insults, false factual allegations, abusive criticism, other defamatory statements,
• criminally relevant statements and images (such as: National Socialist, violent and war, racist, children or violent pornographic and incitation to criminal acts)
• any sexual or otherwise child- and youth-endangering contents and illustrations,
• duplicate, disseminate or publicly accessible works protected by copyright if the user does not have the corresponding usage rights,
• Publish images on which persons can be recognized without indicating their consent,
• de-anonymization of other users,
• use of the platform for own commercial purposes that go beyond the actual purposes of this platform unless MyDiegoTrip without prior written authorization of such commercial use,
• publication of personal data of third parties,
• use of the platform for (solely) political or religious activity,
• sending “junk mail,” “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”
• the disruption, interruption or excessive load on the services of MyDiegoTrip,
• the use of the account, username or password of another member,
• use of mechanisms, software or other scripts in conjunction with the online platform that could impair the faultless and orderly function of the platform and the respective website,
• Blocking, overwriting or modification of content generated by MyDiegoTrip,
• using the services of MyDiegoTrip in a manner that violates otherwise under the applicable law and regulations.
10.2.2. The examples included in the preceding list is not exhaustive . The consequences of the violation of government regulations , the rights of third parties or these general business terms in paragraphs 10.3 ( exemption), 11 (Deletion of content, blocking of accounts) and 12 ( Liability of the user) regulated.
10.3.1. The User shall MyDiegoTrip from all claims, which other users or other third parties against MyDiegoTrip for violation of their rights by the contents posted by the user offers, content or by any other use of the website, including the votes of the Members, contends.
10.3.2. The user takes over the necessary legal defense costs (legal expenses) of MyDiegoTrip.
10.3.3. The user also undertakes to apply, without delay, truthfully and completely to provide MyDiegoTrip in the event of a claim by a third party with all the information necessary for the examination of the claims and a defense .
11. Deletion of content , restriction and blocking of accounts
11.1. MyDiegoTrip reserves in the event that a user breaches statutory regulations, rights of third parties or the terms and conditions, subject to termination without notice before,
• the member be cautioned ,
• offers or other content of this member, delete
• the use of the platform for the user to restrict ,
• the user temporarily or definitively be excluded completely from the use of the platform ( blocking )
• other legal steps (such as . The reporting of offenses ) initiate .
11.2. These measures are, where they are not required by law, in the reasonable discretion of MyDiegoTrip, however MyDiegoTrip takes into account the legitimate interests of the user and all circumstances of the breach, in particular the degree of culpability.
11.3. Once a user has been blocked , this member may not also sign up with another user account or use via another user account the benefits.
11.4. Already completed license agreements between users remain basically unaffected by a restriction or blocking of a user.
12. Liability of the User
12.1. The user is fundamentally liable for all activities that are carried out using his or her user account, unless the user is not responsible for the misuse of his user account, as a violation of his duty of care was not available.
13. Limitations of liability and warranty MyDiegoTrip
13.1. MyDiegoTrip liable without limitation for intent or gross negligence caused by MyDiegoTrip its employees and vicarious agents damages for fraudulent concealment of defects, with the explicit assumption of a guarantee as well as damages resulting from injury to life, body and health.
13.2. For other damages MyDiegoTrip shall only be liable where an obligation is violated, the fulfillment of which makes the proper execution of the contract and on whose compliance the signatory can trust regularly ( cardinal obligation ). The liability for damages is limited to damages that are to be regarded as typical of the contract and foreseeable. Any liability under the Product Liability Act remains unaffected . One that goes beyond the aforementioned liability of MyDiegoTrip is excluded.
13.3. Since MyDiegoTrip is not involved in the contractual relationship between tenant and landlord, MyDiegoTrip can take over for services from the agreement regarding the accommodation no guarantee and / or liability. But must MyDiegoTrip objections which makes the tenant to the landlord justifiably claims that are binding on regarding the demands can (cf. .Paragraph 7, 8).
14. Term and Termination
14.1. The license agreement runs from the date of registration with landlords indefinitely . When tenants use contract ends after moving into the property from the owner , no objection should be raised within 48 hours.
14.2. Users can use this Agreement at any time, according to the cancellation policy (see paragraph 4.2. and 4.3.).
14.3. MyDiegoTrip may terminate the Agreement at any time.
14.4. The contractual relationship is , however, only finished in doubt if the last necessary payment processing came within the meaning of paragraphs 7 and 8 to the financial statements.
14.5. The right to block and to terminate for good cause remains unaffected.
15.1. MyDiegoTrip reserves the right to modify the terms and conditions with effect for the future in particular in the following cases.
15.1.1. If and to the extent that has changed the market situation after the conclusion in imputed or technical innovation from the perspective of MyDiegoTrip in cogent fashion to MyDiegoTrip reserves, with regard to the amount of booking fee in a reasonable manner to change the General Terms and Conditions for users; this consequently incorporates in particular possible, moderate price increases.
15.1.2. If MyDiegoTrip would like to improve, extend or change for the benefit of the partners the offering and the services, located MyDiegoTrip reserves the right to change the Terms and Conditions.
15.1.3. If legislation or case law necessitate a change of the terms and conditions required to MyDiegoTrip reserves the right to change the Terms and Conditions .
15.2. If the Terms changed , so that users are informed of the changes on the website
and by email.
15.3. If within a period of 2 weeks since the information about the change of conditions
15.4. within the meaning of Paragraph 15.2 . no consent to the amendments made by the user , the contract will be continued without the proposed amendments. The right to terminate by MyDiegoTrip remains unaffected.
16. Final clauses
16.1. The law of the Federal Republic of Germany is effective, excluding the CISG.
16.2. If the user is a merchant, legal entity under public law or public special fund, the
exclusive jurisdiction for all disputes arising from this contract of Mainz MyDiegoTrip. The same applies if the user does not have general jurisdiction in Germany or domicile or habitual residence at the time the action is not known . The text of all provisions subject to German law and shall be construed according to German law understanding . The accessible version in any other language is for information only and is not part of the transaction . In case of discrepancies between the English and the foreign language version, therefore only applies to the German version.
16.3. Should individual provisions of the agreement with the user, including this provision be wholly or partly invalid, this shall not affect the validity of the remaining provisions. The same applies in the event of a lacuna.