(1) Casamundo GmbH, Pappelallee 78/79, 10437 Berlin, Germany (hereafter referred to as “Casamundo”) provides a technical interface that enables providers of accommodations (hereafter referred to as “Providers”), to place offers of holiday apartment or overnight stay accommodation in a database that can be linked with the Providers’ various booking websites. Users seeking accommodation (hereafter referred to as “Users”) shall be granted access to this database via www.casamundo.com and/or other websites operated by Casamundo and directed to the website of the Provider of the holiday apartment or overnight accommodation in order to carry out the booking process.
(2) These terms and conditions regulate the use of the database via the aforementioned Casamundo websites and include access from mobile websites and any application (“App”) by Casamundo as well as any portals or applications for mobile devices provided by third parties.
(3) The usage of all websites operated by Casamundo and the provided data bases („Our Website“) is only permitted for private use. A commercial usage of Our Website is explicitly prohibited. Our Website is not to be used for false, fraudulent or speculative reservations, neither for reservations to cover future demand. By using Our Website you confirm to abstain from the following actions and measures:
- To access Our website by using a manual or automated process that exceeds the purpose of personal use or the inclusion of Casamundo into a search index. The use of automated systems or a software to extract data from Our Website (so called „screen scraping“), is prohibited for non-commercial and commercial purposes.
- To infringe on existing restrictions in robot-exclusion-headers on Our Website or to circumvent measures that restrict or prevent the access to Our Website.
- To use a device, software or program that affects or tries to affect the regular functionality of Our Website, or to carry out an act that inappropriately strains our servers, computer or network.
(4) Casamundo reserves the right to end, suspend or limit the access to all or specific components of Our Website at our own discretion without previous announcement and under exclusion of any liability.
2. Casamundo services for Users
(1) Casamundo provides a targeted search function that enables Users to identify the most suitable Provider’s offer in the database and then forwards the User to that Provider’s site or puts the User directly in contact with the Provider. Casamundo is therefore not the service provider for any of these websites. Specifically, the use of Casamundo services does not give rise to a package travel contract with Casamundo in the sense of § 651a German Civil Code (BGB).
(2) Where a search returns a large number of results, the results displayed shall be limited to a specific amount to guarantee search functionality.
(3) Users may use the Casamundo database free of charge.
(4) Casamundo advises that offers posted by Providers are subject to a commission. This commission is one of several factors that can influence the order of the search results. Providers not paying a commission are not listed. In order to guarantee the functionality of the search, Casamundo limits the display of search results if the number of search results is too large.
(5) Casamundo may permit its services to be provided by third parties.
(6) Casamundo will deactivate or restrict access to the portal as necessary for technical maintenance or other purposes. The User is not entitled to uninterrupted availability of the portal.
(7) As Casamundo provides its services free of charge, the User has no right to damages or the enforcement of this contract. Casamundo retains the right to cancel its services at any time without notice.
3. Contractual relationships on booking
(1) Casamundo will not publish its own offers on the aforementioned websites, nor does Casamundo assume any liability for any offers made. The Provider carries sole responsibility for any and all offers posted on the aforementioned websites and any other websites linked by Casamundo, along with any related declarations of intent. Casamundo does not assume any liability for the accuracy of or current information posted by the Provider.
(2) Any contracts or bookings of overnight stays and/or use of holiday apartments, holiday homes or other travel accommodations exist solely between the Provider and the User. Casamundo is exempt from any contractual regulation, agreement or claim existing between the User and the Provider. Bookings shall be governed exclusively by the Terms and Conditions of the Provider or travel agency, particularly regarding cancellation and withdrawal. The Provider or travel agency remains the sole point of contact for booking and payment processes, as well as any questions relating to the contracts. Casamundo is not able to provide any information on these matters.
(3) The previous paragraphs remain effective if Casamundo collects bookings or booking inquiries or the associated data and information itself, for the purpose of mediating a booking or booking inquiry to the Provider (e.g. within the scope of express bookings or inquiry forms).
(1) The prices indicated in the offer(s) are determined by the Provider and communicated to Casamundo at least once daily.
(2) Prices of offers are understood to be total prices for the respective accommodation. Depending on the settings of the User, they correspond to the price per night or price per stay for the selected/indicated time period; if applicable, plus extra services, selected/booked and payable online, on site or binding ancillary costs. However, responsibility for ensuring that prices are appropriate and accurate rests with the Provider. While Casamundo endeavors to present the total costs of the offer, additional charges may be levied by the Provider’s booking website.
(3) Casamundo assumes no liability for the accuracy of the indicated prices or other information. Users are required to check the details on the Provider’s website before booking.
5. User accounts
(1) For some services offered on the Casamundo websites, a so-called user account is required.
(2) A user account can be set up with the personal e-mail address or the personal profile of a social network (e.g., Facebook, Google).
(4) The User is responsible for the accuracy and completeness of the personal information provided. The User is responsible to both Casamundo and third parties for the use of his/her user account. Therefore, the User will ensure the confidential treatment of his/her user account data and will not make these available to third parties. The User is obliged to inform Casamundo of any knowledge or suspicion of unauthorized use of his/her user account.
(5) The user account can be accessed from any device. The user is given a personal login link via email or can use the personal profile of a social network (e.g., Facebook, Google) used for the registration to login.
(7) The deletion of a user account can be initiated by an email to [email protected].
(1) Casamundo gives the highest priority to protecting User information.
(1) Casamundo is not liable for the accuracy, quality, completeness, reliability or credibility of content and/or offers provided by Providers.
(2) Casamundo is only liable for damages, regardless of legal basis, caused by deliberate intent and gross negligence. There is no liability for simple negligence except in cases of injury to life, body or health and for claims arising under the Product Liability Act. In addition, Casamundo is liable for the slightly negligent breach of such obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly trusts and may trust.
(3) Limitations to Casamundo’s liability pursuant to section (2) also apply to the personal liability of all employees, representatives and agents.
8. Changes of these terms
9. Final conditions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on the International Sale of Goods (CISG).
(4) The European Commission Platform provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/
Casamundo does not participate in, or is obliged to participate in, an online dispute resolution before a consumer dispute resolution institution.
Version 1 - As of September 1, 2019