Terms of use

Thank you for your interest in Roomsurfer!
The online market space at www.roomsurfer.info is provided to you by Roomsurfer SA, Boulevard Grande-Duchesse Charlotte 31, 1331 Luxembourg Luxemburg (“Roomsurfer”).
As a user of Roomsurfer, you can offer accommodation (as the “host”) or search for suitable accommodation for yourself (as the “guest”).
Our standard terms of use are set out below. Please read the following terms carefully before using the Roomsurfer service.

General provisions

1.General provisions

1.1 The standard terms of use apply to all users of Roomsurfer.

1.2 You will again be referred to the validity of the standard terms of use when you register to use Roomsurfer.

1.3 Any conflicting standard terms and conditions of users or third parties shall not apply, unless expressly agreed in writing.

2. Roomsurfer services

2.1 Accommodation (apartments, rooms and other forms of accommodation) is arranged between users via the online market space.

2.2 Roomsurfer does not offer accommodation on its own behalf. Instead it arranges for the conclusion of leases between guests and hosts. Therefore, Roomsurfer is not a contracting party to leases concluded through the online market space.

2.3 Roomsurfer endeavours to provide you with constant access to the online market space as far as possible, but cannot guarantee this. Where required, access to the online market space may be temporarily or permanently unavailable (e.g. due to maintenance, legal requirements or events of force majeure).

3.Registration

3.1 Before you can fully use the Roomsurfer online market space, you need to register with Roomsurfer and set up a user account. Registering on Roomsurfer is free.

3.2 Roomsurfer users may either be a natural person of full legal capacity (of legal age) or a legal entity or partnership. Each user may only set up a single account.

3.3 On registering, certain user information, which you will need to provide in order to be able to use Roomsurfer, will be requested. You undertake to ensure that all required information is provided correctly and in full and is always kept up to date.

3.4 In order to ensure the full functionality of Roomsurfer, you will need to link your account to information contained in your Facebook profile by accepting Facebook Connect services. This will allow Roomsurfer to find the users who are best suited to you and your interests. Your Facebook information will be used exclusively for this purpose. You will find more detailed information on the use of your data in our Privacy Statement. However, you can register using your personal e-mail address too.

3.5 Your user account is protected by your Facebook password or your personal login information. You undertake to keep this information secret and not to allow others to access your user account. If you suspect that someone may be using your user account without authorisation, you must inform Roomsurfer immediately.

3.6 If, whilst using the online market space, you breach the standard terms of use or infringe legal prohibitions, Roomsurfer may (depending on the nature of the breach or infringement) give you a warning or temporarily or permanently block specific content or your whole user account, with or without prior notice, or even delete the account altogether. When deciding on such measures, Roomsurfer will give appropriate consideration to your interests and will first allow you the opportunity to comment, where this is reasonable considering the nature and seriousness of the breach or infringement.

4. Host’s obligations

4.1 When you upload details of the accommodation to be let through Roomsurfer, you undertake to provide all required information (contact details and precise information about the accommodation), truthfully and in full, in the form provided.

4.2 Information on the accommodation must include all important positive and negative aspects of interest to the guest (e.g. information for allergy sufferers where pets are present and information regarding regular smoking in the accommodation). You will have to answer to the guest if you provide false or incorrect information.

4.3 Information on the accommodation should also include any special rules (“house rules”), which the guest is to comply with. You must clearly indicate these rules when you upload details of the accommodation.

4.4 You are to specify the rent for the accommodation in the space provided for this purpose. You may neither request nor accept payments from the guest, which are not indicated on Roomsurfer before conclusion of the contract.

5. Guest’s obligations

5.1 You undertake to comply with any “house rules” indicated by the host. You will be liable to the host for any damage you cause to the accommodation or the property contained within.

5.1 You and the host are responsible for agreeing and arranging any detail.

6. Grant of rights

6.1 If you, as the user, publish content, particularly texts, photos and videos, on Roomsurfer’s online market space, you grant Roomsurfer the non-exclusive, geographically unlimited (global) and indefinite right, free of charge, to review and use this content and these photos, partially or in full, for the online market space services and for Roomsurfer’s advertising (e.g. on the Roomsurfer website, at trade fairs, in newsletters, on Facebook fan pages, Google+ and other social networks as well as in applications for mobile receivers). This particularly includes the right to reproduce, distribute, communicate to the public, make publicly available, broadcast, retransmit, present, display and edit the content.

6.2 You may revoke this grant of rights to Roomsurfer at any time with effect for the future.

6.3 You assure Roomsurfer that you have the necessary rights to the content to be able to grant the rights to Roomsurfer pursuant to subparagraph 6.1 and that no conflicting third-party rights exist. With regard to photos in which individuals appear, you assure Roomsurfer that these individuals have agreed to the publication of these photos. You undertake to hold Roomsurfer harmless against any claims asserted against Roomsurfer by third parties due to conflicting rights as far as you are responsible for an infringement. This also includes reimbursing Roomsurfer for the costs of any necessary legal representation and conduct of a case.

7. Liability

7.1 Claims arising from the lease concluded through Roomsurfer’s online market space exist exclusively between the users (guests and hosts), and do not involve Roomsurfer. Guests and hosts are liable to one another for performing their obligations as agreed in the contract and for fulfilling their duties of care. Roomsurfer cannot accept any additional liability or guarantee that the users will duly fulfil their obligations and duties. Roomsurfer can also not be held liable for any breach on the part of users in performing their obligations.

7.3 Liability to business persons for breach of essential contractual obligations is also limited to typical, foreseeable contractual damage where it is caused by ordinary negligence, unless it arises from injury to life, body or health.

8. Amendments to the standard terms of use

8.1 Roomsurfer may, at its sole discretion, amend the site, the Service and these standard Terms of use (including the Service Fees) at any time without giving reasons and without prior notice.

8.2 Roomsurfer will inform you of any amendments by posting it on the website or by providing you with notice of this modification. At the bottom of the page you will see the date of the latest version of these Terms of use (as well as of the Privacy Statement and of the Roomsurfer Guarantee).

8.3 If, after an amendment has been posted on the website, you continue using the Service and accessing the website, you indicate that you agree to the modified Terms. If you do not agree with the new Terms, you can raise an objection to the amendment and Roomsurfer shall be entitled to terminate the user contract with you and to cancel your user account.

9. Final provisions

9.1 The standard terms of use govern the contractual relationship comprehensively and conclusively. Amendments or supplements require written form in order to be valid. This also applies to removing this stipulation requiring written form.

9.2 Should a provision of these standard terms of use be or become invalid, the validity of the other provisions shall remain unaffected.

9.3 In the event of an invalid provision, you and Roomsurfer shall endeavour to replace this provision with one that most closely approximates the economic intention of the invalid provision. The same applies in the event of an inadvertent gap in the provisions.

 

Version: 15.01.2014

 

Privacy statement

Protection of your personal data is extremely important for us at Roomsurfer. We have provided you with the following information relating to the extent and the manner in which your data is collected and used by Roomsurfer.

1. Your personal data

Your “personal data” means all information relating to your personal or material circumstances. This includes all identifying information (e.g. your name, address, email address, payment details, etc.).

When collecting, storing and using your personal data, Roomsurfer fully complies with the applicable law. Roomsurfer undertakes to handle your data carefully and responsibly at all times.

Roomsurfer occasionally also stores non-personal data, such as the name of your internet service provider or the web page from which you linked to Roomsurfer. We use this data exclusively for improving our service. Your data is anonymised, so that you cannot be identified.

2. Use of cookies

Cookies are small text files stored on your computer. We use cookies in order to make your visit to our website a more enjoyable experience and to allow you to use certain functions that make it considerably easier for you to use our website.

Many browsers are set up to automatically accept cookies. You can change your browser settings in this respect at any time. However, changes to these settings may mean that you are unable to use or fully use our website.

Our website also uses session cookies and persistent cookies, although this will not always specifically be indicated in individual cases.

With session cookies, you are given an anonymous ID on visiting our website, which helps us to analyse the patterns and structures in your use of our web pages and to improve our service. Session cookies will be automatically deleted from your computer at the end of your browser session.

Persistent cookies remain on your computer and allow your computer to be recognised on your next visit. This means that you can remain logged in on Roomsurfer for a longer period of time and that, after leaving the website, you do not need to re-enter your login details each time you visit.

3. Integration of Facebook social plugins

We have made it possible for you to share particular content on the Roomsurfer website with your contacts on Facebook. For this purpose, we use Facebook social plugins. These plugins are provided by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). You can get an overview of Facebook social plugins and see what it all looks like here. You will find further general information about social plugins here.

On loading the web page, your browser will retrieve the Facebook social plugins code directly from a Facebook server and will integrate it into the web page displayed on your screen. We therefore have no control over the scope of the data retrieved by Facebook in this respect.

According to their own statements, Facebook stores the date and time of your visit, the specific website address where the social plugin is located and other technical details such as the IP address, the browser type and the operating system for 90 days in order to further improve Facebook services. After 90 days, the data is anonymised so that it can no longer be associated with you. You will find further information from Facebook on this subject here.

If, during your visit to Roomsurfer, you are logged in on Facebook, Facebook can link the web pages you have visited to your Facebook account. When you click on a Facebook social plugin, the information on this interaction is transmitted to Facebook where it is stored.

You can access the Facebook privacy notice and other privacy settings here. Please regularly check all the Facebook links given here, as Facebook’s privacy policy is regularly updated to take into account the social plugins’ extended functionalities.

4. Facebook Connect/Matching

In order to be able to match you up with the most suitable guests or hosts, we use a complex matching process. This process requires specific information, which is provided to us through the Facebook Connect service. Facebook Connect is a product of Facebook Inc.

By actively connecting to Facebook Connect when registering and by agreeing to the data transfer, you are allowing Roomsurfer to use this information.

Data from your Facebook profile is transferred to Roomsurfer via Facebook Connect. Data may also be transferred to your Facebook profile from Roomsurfer.

Except for registration, Roomsurfer uses data obtained through Facebook Connect exclusively for the purpose of offering you a service that is perfectly tailored to your requirements. The data is anonymised as far as possible in accordance with the principle of data economy, in order to ensure the best possible protection. Anonymisation is ensured through an automatic process.

5. Integration of Google +1

Roomsurfer allows you to identify particular content with the Google +1 button and to recommend it via your Google Plus network. This service is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.

On loading the web page, your browser will retrieve the +1 button code directly from a Google server and will integrate it into the web page displayed on your screen. We therefore have no control over the scope of the data retrieved by Google in this respect.

According to their own statements, Google collects both information relating to the fact that you have identified content with +1 and information about the web page on which you clicked +1. According to Google, your IP address and other browser-related information will also be collected. Google has unified their privacy policy and decided to leave out any information regarding the use of +1 buttons in particular. The former +1 button privacy policy and the google+ privacy policy are no longer available.

When you are logged in on Google with your account, the information collected will be linked to your Google account. Your +1 content may appear as an annotation with your profile name and photo in Google services or in your Google profile.

According to their own statements, Google does not collect your internet history or analyse your visit to web pages identified with +1 in any other way. However, Google does store some data about your visit temporarily (usually for about two weeks) for the purpose of system maintenance and troubleshooting. However, this data is not structured according to individual profiles, usernames or URLs. You will find further information from Google on this subject here.

You always have control over your +1 content. You can manage all your +1 content via the +1 tab in your Google profile. If you do not wish Google to collect your data through our web pages and link this data to your Google account, you should log out of your Google account before visiting our website.

You will find further information on the purpose and extent of collection, storage and processing of your data by Google as well as on the individual settings at the following links:

Please regularly check all the Google links given here, as Google’s privacy policy is regularly updated to take into account extended functionalities.

6. Integration of Twitter buttons

Roomsurfer allows you to post particular content on Twitter. This option is provided through the services of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107 and an appropriately configured plugin.

On loading the web page, your browser will retrieve the Twitter button code directly from a Twitter Inc. server and will integrate it into the web page displayed on your screen. We therefore have no control over the scope of the data retrieved by Twitter in this respect.

According to their own statements, Twitter stores the Tweet News content and its metadata. This includes the Tweet date and time, the website address on which the Tweet button is located and other technical data such as the IP address, the browser type and the operating system used. Twitter does not provide information about the length of time for which information is stored.

Please regularly check the Twitter link given here, as Twitter’s privacy policy is regularly updated to take into account extended functionalities.

7. Web analytics service – Google Analytics

Roomsurfer uses Google Analytics, a web analytics service from Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files stored on your computer, allowing your use of the website to be analysed. The information generated by the cookie will usually be transmitted to and stored on one of Google’s servers in the USA.

The IP address is anonymised by Roomsurfer (anonymizeIP() IP masking), therefore your IP address is truncated by Google within the member states of the European Union or in other states that are contracting parties to the agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to one of Google’s servers in the USA where it will be truncated.

Google will use this information on behalf of Roomsurfer to analyse your use of the website, compile reports on website activities and provide further services to Roomsurfer relating to use of the website and the internet. Your IP address will not be associated with other Google data.

You can block cookies by choosing the appropriate browser settings. However, this will mean that you are unable to use or fully use our website.

You may also prevent Google from collecting the data generated by the cookie (including your IP address) and from processing this data by installing the browser plugin available at the following link.

8. Transfer of data to third parties

In order to process payments, we will forward your payment details to the credit institute/payment service provider instructed to process the payment.

In certain cases, we are also under a legal obligation to forward your personal data to third parties (e.g. in the case of law-enforcement measures).

9. Your consent to receiving the newsletter

By subscribing to the Roomsurfer Newsletter, you expressly grant Roomsurfer the following consent to send you newsletters.

I would like to receive regular newsletters and information about interesting offers and promotions from Roomsurfer. I may unsubscribe at any time.

The newsletter is used by Roomsurfer for information and promotional purposes.

You may withdraw your consent with effect for the future at any time by clicking on the link “unsubscribe” at the end of each email.

10. Data protection

Our website and systems are protected by technical and organisational measures to keep data secure from loss, destruction, access, modification and processing by unauthorised persons. However, despite regular checks, complete protection against all risks cannot be guaranteed.

11. Your rights/contact

You have the right to request information free of charge regarding your data held by Roomsurfer. You also have the right to have your data rectified, blocked or erased. For this purpose, you may contact info@roomsurfer.info at any time.

If you have any other questions relating to the collection, processing or use of your data or withdrawal of consent, please contact info@roomsurfer.com.

Version: 15.01.2014