Terms of Service
Last updated: October 2026
These Terms of Service govern your use of the bookingbyoffer platform (bookingbyoffer.com and its apps), operated by bookingbyoffer GmbH, Urbanstraße 27, 10967 Berlin, Germany ("bookingbyoffer", "we"). They apply to all users, guests and hosts alike. By registering, you accept these Terms. How we process your personal data is explained in our Privacy Policy. This English version is a translation for your convenience; the German version is legally binding.
1. Role of bookingbyoffer and contractual relationships
(1) bookingbyoffer is an online marketplace where hosts offer accommodation and guests can book it. Its special feature is that no fixed prices are shown: the price is negotiated between guest and host. (2) When a booking is made, the guest and the host enter into a contract for the accommodation directly with each other (the "Booking Contract"). bookingbyoffer is not a party to the Booking Contract. It is not a landlord, tour operator or agent of either party. The host alone is responsible for the accommodation itself. (3) Each user has a separate contract with bookingbyoffer for the use of the platform (the "User Agreement"), which is governed by these Terms. (4) For payment processing, bookingbyoffer acts as the host's limited payment collection agent (see section 5(4)). (5) Hosts may act as private individuals or as traders. We show guests the host's declaration on this before they submit an offer. If a host is not a trader, the special consumer protection rules of EU law do not apply to the Booking Contract in the relationship with that host.
2. User account
(1) Most features require a user account. You must be at least 18 years old and have full legal capacity. Businesses may only register through an authorised representative. (2) Your information must be true, complete and up to date. If your details change, please update your profile promptly. (3) Each person may hold only one account. Accounts are not transferable. One account can be used both as a guest and as a host. (4) Keep your login credentials secret. If you suspect that someone else has access to your account, notify us immediately at info@bookingbyoffer.com. You are liable for activity on your account unless you are not responsible for the misuse. (5) Hosts who wish to receive payouts must verify their identity with our payment provider Stripe ("KYC"). Depending on the case, Stripe may additionally require an identity document or a photo match. A successful verification confirms identity only, not the trustworthiness of a user.
3. Search, ranking and price suggestions
(1) On the home page, active listings are sorted by their rating. We use a weighted average of star rating and number of reviews, so that listings with only a few reviews are affected less. Listings without reviews receive a neutral starting value. (2) In search, we show active listings that match the location searched and are available for the dates requested. We take into account existing bookings, days blocked by the host, minimum and maximum stay and advance notice. Your filters (e.g. number of guests, bedrooms, amenities, category) narrow the results further. In addition, we show other available listings as suggestions, labelled as such and sorted by distance to the place searched. (3) Nobody can pay for a better position. We do not offer paid placements. (4) If the host has enabled this, guests may see a non-binding hint when submitting an offer about which price is more likely to be accepted. This does not create any right to acceptance. (5) Content of other users (e.g. descriptions, messages, reviews) may be machine-translated automatically. We do not guarantee the accuracy of machine translations. The original text prevails.
4. Offer, negotiation and conclusion of a booking
(1) Guests can submit a price offer per night for a specific period and number of guests. By submitting it, you bindingly declare that you wish to book the accommodation at that price under the conditions stated in the listing (including house rules, check-in and check-out times, cancellation policy and, where applicable, the cleaning fee). (2) The host may accept, decline or counter the offer. The guest may likewise respond to a counter-offer with a new offer or accept it. Every offer is only valid until the deadline shown (currently 4 hours if check-in is no more than 7 days away, otherwise 8 hours). After that it expires automatically. (3) Once a price has been accepted, the guest must confirm the booking by paying the total price within the deadline shown. The Booking Contract between guest and host is concluded upon successful payment. If payment is not made in time, the acceptance lapses without further obligation for either side. (4) After successful payment, both sides receive a confirmation and the dates are blocked for other guests. (5) Note on the right of withdrawal: under section 312g(2) no. 9 of the German Civil Code (BGB), contracts for accommodation on a specific date or for a specific period are excluded from the statutory consumer right of withdrawal. The cancellation terms in section 6 apply instead.
5. Prices, fees, payment and payout
(1) The guest pays the agreed price per night multiplied by the number of nights, plus any cleaning fee shown in the listing (the "Total Price"). The guest pays no other fees to bookingbyoffer. (2) All prices are agreed and charged in euros. Amounts shown in other currencies are non-binding conversions at the current exchange rate. If you pay with a card in another currency, your bank may charge fees. (3) Hosts pay bookingbyoffer a service fee of 12% of the agreed accommodation price (price per night × nights). No service fee is charged on the cleaning fee. The fee is automatically deducted from the payout. Where VAT applies, it is included in the fee. (4) Payments are processed by our payment provider Stripe. Hosts authorise bookingbyoffer to receive guest payments on their behalf (limited payment collection). The guest's payment obligation towards the host is fulfilled once the payment is received by bookingbyoffer or Stripe. (5) The payout amount (Total Price minus the service fee and any refunds) is transferred to the host's bank account no earlier than 24 hours after check-in, provided that verification with Stripe has been completed. When the money arrives depends on the bank. (6) Payments outside the platform for bookings initiated via bookingbyoffer are prohibited, as is requesting them. We offer no protection or support for such payments. (7) For later payments relating to the same booking (e.g. an agreed extension of the stay), the guest's payment method may be stored with Stripe. It will only be charged for amounts both sides have previously agreed to.
6. Cancellation, refunds and changes to bookings
(1) A cancellation by the guest is governed by the cancellation policy shown in the listing at the time of booking. Later changes by the host do not affect existing bookings. Flexible: full refund if cancelled up to 24 hours before check-in; after that, no refund of the accommodation price. Moderate: full refund if cancelled up to 5 days before check-in; after that, 50% of the accommodation price is refunded. Strict: full refund if cancelled up to 30 days before check-in; after that, no refund of the accommodation price. (2) Regardless of the policy: if the guest cancels within 24 hours of booking and check-in is at least 7 days away at that time, the full amount is refunded. A cleaning fee is always refunded in full if the booking is cancelled before the stay begins. (3) All deadlines are measured from the check-in time, meaning the arrival date combined with the check-in time stated in the listing. From that moment, cancellation via the platform is no longer possible. Please contact the host or us in that case. (4) If the host cancels a confirmed booking, the guest always receives a full refund. Hosts must give a reason for a cancellation and may only cancel confirmed bookings for good cause. Repeated or unjustified cancellations may lead to measures under section 14. (5) Hosts may voluntarily refund guests part or all of the amount at any time. (6) Guest and host can propose to extend or shorten a stay via the platform. The change only takes effect if the other side agrees. An extension requires the accommodation to be available for the additional period; the price of the additional nights is then charged to the guest's stored payment method. If a stay is shortened, the nights no longer used are refunded. (7) Refunds are made to the original payment method. How quickly they arrive depends on the payment provider. If a host has already received a payout, bookingbyoffer may reclaim the share to be refunded from the host or set it off against future payouts. (8) The guest's statutory rights against the host, e.g. for defects in the accommodation, remain unaffected.
7. Host obligations
(1) Listings must be true, complete and up to date. This applies in particular to location, amenities, rooms and beds, photos, house rules, check-in and check-out times, cleaning fee and cancellation policy. Photos must show the actual accommodation. The calendar must be kept up to date. Only one listing per accommodation is permitted. (2) Hosts are solely responsible for complying with all rules and agreements that apply to renting. Examples include permits and registration numbers for short-term rentals, restrictions on converting housing to other uses, consent of the landlord or owners' association, building and fire safety rules, guest registration obligations and local tourist taxes. Any information bookingbyoffer provides on such obligations is non-binding and is not legal advice. (3) Hosts are responsible for paying tax on their income themselves. Where applicable, this includes VAT and accommodation or tourism levies. Hosts state in their account whether they rent out privately or as a trader. This information is shown to guests. Hosts are responsible for its accuracy. (4) As a platform operator, bookingbyoffer is legally obliged to report certain information about hosts and their income to the tax authorities. This includes, for example, name, address, date of birth, tax identification number, bank details, address of the accommodation and income (German Platform Tax Transparency Act, PStTG, implementing EU Directive DAC7). Hosts must provide the information required for this completely and correctly. If it is not provided despite reminders, we may take the measures provided for by law. These may include withholding payouts or suspending the account. (5) Hosts are advised to take out liability insurance that covers renting to guests. bookingbyoffer itself does not provide insurance cover for hosts or guests. (6) Hosts must respond to requests promptly, provide the accommodation in the agreed condition and honour confirmed bookings. (7) Hosts may only use guest data to carry out the respective booking and to meet legal obligations, in compliance with data protection law. (8) Hosts who engage other people (e.g. co-hosts, cleaners, property managers) are liable for their conduct as for their own.
8. Guest obligations
(1) Guests treat the accommodation with care, follow the house rules and the check-in and check-out times, and leave the accommodation in a tidy condition. (2) The number of guests stated in the booking must not be exceeded. Parties and events are only permitted if the host has expressly allowed them. (3) Guests are responsible for the conduct of everyone they bring to the accommodation. If a guest books for minors, they must be entitled to supervise them and actually do so. (4) Damage must be reported to the host without delay. Guests and their companions are liable under statutory law for damage they culpably cause. (5) Offers may only be submitted with a genuine intention to book. Abusive offers, for example to probe prices or harass hosts, are prohibited.
9. Damage and disputes between users
(1) Claims between guest and host, e.g. for damage to the accommodation or for defects, exist only between them and are governed by the Booking Contract and the law. Please first try to reach an agreement via the messaging function. (2) bookingbyoffer may mediate on request, but is not obliged to do so and does not make binding decisions on such disputes. bookingbyoffer will not charge a guest's payment method for a host's damage claims without the guest's consent. (3) All users cooperate in good faith in clarifying incidents and provide the necessary information on request.
10. Reviews
(1) After a stay, guest and host can review each other, and guests can also review the accommodation. After an accepted negotiation, both sides can rate the negotiation (response speed and fairness). (2) Reviews must be based on your own experience and be true and objective. They must not contain insults, discrimination, personal data of third parties or irrelevant content. Reviews must not be given, requested or withdrawn in exchange for anything or under pressure. (3) Reviews reflect the opinion of the respective user. Reviews can only be submitted after a booking completed via the platform. Beyond that, bookingbyoffer does not check whether reviewers actually experienced the stay. (4) We may remove reviews that violate these rules or the law.
11. Content and rights of use
(1) You are responsible for content you post on the platform (e.g. photos, texts, reviews, messages). You confirm that you hold the necessary rights and that the content does not infringe the rights of third parties, such as copyright, personality or data protection rights. (2) You grant bookingbyoffer a simple (non-exclusive), free, worldwide right to this content, limited to the duration of your use. It covers storing, technically adapting (e.g. format, cropping), translating and making the content publicly available, insofar as this is necessary to operate and promote the platform. Reviews may continue to be displayed after your use ends. (3) All content, trademarks and software of the platform belong to bookingbyoffer or its licensors. You may only use the platform for its intended purposes.
12. Rules of conduct
When using the platform, it is prohibited in particular to: - provide false information, impersonate another person or use multiple accounts, in particular to circumvent restrictions; - discriminate against other users, e.g. on the basis of ethnic origin, religion, gender, sexual identity, disability or age, or to harass, threaten or insult them; - arrange bookings or payments outside the platform in order to avoid fees, or ask for contact details for this purpose; - read out the platform automatically (bots, scrapers, crawlers), circumvent security measures or disrupt its operation; - manipulate reviews, search results or negotiations; - offer accommodation you are not entitled to rent out, or offer unlawful services; - use other users' data for purposes other than carrying out a booking, or send them advertising without consent; - use the bookingbyoffer name, logo or trademarks without permission.
13. Reporting illegal content and moderation
(1) We are not obliged to generally monitor user content. However, we may review content and take measures under section 14 if it is unlawful or violates these Terms. (2) You can report illegal content or violations of these Terms at any time to info@bookingbyoffer.com. This address is also our single point of contact for authorities and users under the Digital Services Act (Regulation (EU) 2022/2065). In your report, please state which content is concerned (e.g. a link), why you consider it unlawful, and your name and email address. In case of immediate danger to people, please contact the police or emergency services first. (3) We review reports promptly, diligently and objectively, and inform the person reporting of our decision. If we restrict content or an account, we inform the affected user of the reasons, unless this is prohibited by law or would jeopardise investigations. You can raise objections to our decision with us, and we will review it again. Legal recourse to the courts always remains open. (4) If someone repeatedly submits manifestly unfounded reports, we may stop processing their reports for a reasonable period after a prior warning.
14. Term, termination and measures in case of violations
(1) The User Agreement runs for an indefinite period. You can terminate it at any time by deleting your account or emailing info@bookingbyoffer.com. bookingbyoffer may terminate the User Agreement with 30 days' notice by email. (2) Both sides retain the right to terminate without notice for good cause. For us, good cause exists in particular in the event of a serious breach of these Terms or the law, suspected fraud, or where this is necessary to protect other users. (3) In the event of violations of these Terms or the law, repeated poor reviews or justified complaints, or repeated unjustified cancellations, we may take graduated and proportionate measures. These include a warning, removing or hiding content and listings, cancelling pending or confirmed bookings, and temporarily or permanently suspending the account. For minor violations, we will first give you the opportunity to remedy them, provided this does not harm others and is legally permissible. We take the legitimate interests of those affected into account. (4) If the agreement with a host ends, the host's confirmed future bookings are cancelled and the guests receive a full refund. If the agreement with a guest ends, the guest's future bookings are cancelled in accordance with the applicable cancellation policy. (5) If we have suspended or terminated an account due to a violation, no new account may be created without our consent. (6) For hosts acting as traders, the notification requirements of Regulation (EU) 2019/1150 apply to any restriction, suspension or termination, including a statement of reasons. You can contact us by email to clarify the facts.
15. Liability
(1) bookingbyoffer is liable without limitation for damage resulting from injury to life, body or health, and for damage caused by intent or gross negligence on the part of bookingbyoffer, its legal representatives or vicarious agents. The same applies to claims under the German Product Liability Act and under guarantees given. (2) In the event of a slightly negligent breach of an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. (3) Otherwise, liability for slight negligence is excluded. (4) Where bookingbyoffer's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents. (5) bookingbyoffer is not a party to the Booking Contract. We therefore give no warranty for the existence, quality, safety or legality of accommodation. Nor do we guarantee the accuracy of other users' information or their conduct. Our liability under paragraphs 1 to 4 remains unaffected.
16. Indemnification
You indemnify bookingbyoffer against claims by third parties arising from a breach of these Terms, the law or the rights of third parties for which you are responsible. This applies in particular to claims arising from content you posted or from a breach of your tax obligations. The indemnity also covers the reasonable costs of legal defence.
17. Availability of the platform and third-party services
(1) We strive to keep the platform available without interruption but cannot guarantee this. We may temporarily restrict the platform or individual features for maintenance, security or capacity reasons. We are not responsible for disruptions beyond our control (e.g. of the internet or third-party providers). (2) We may change, extend or discontinue features of the platform, for example to improve them, prevent abuse or comply with legal requirements. We will inform you at least 30 days in advance of any material restriction of core features, unless this is not possible for legal or security reasons. (3) The platform may link to or integrate third-party services, such as maps or payment processing. The terms of the respective provider apply to these. (4) We are not liable for failure to perform obligations due to force majeure. Force majeure means extraordinary, unforeseeable events beyond our control, such as natural disasters, war, pandemics, strikes or large-scale infrastructure outages.
18. Data protection
Information on the processing of your personal data can be found in our Privacy Policy at bookingbyoffer.com/datenschutz.
19. Changes to these Terms
(1) We may change these Terms with effect for the future where this is necessary for a valid reason, e.g. due to changes in law or case law, new features, or to prevent abuse. (2) We will inform you of changes by email at least 30 days before they take effect. We publish the new version on the platform with the date of the change. (3) Changes that affect the main obligations or substantially alter the balance between service and consideration, e.g. a change in the amount of fees, only take effect with your express consent. (4) Other changes that do not unreasonably disadvantage you, as well as adjustments required by law, are deemed accepted if you continue to use the platform after they take effect. We will point out this consequence separately in our notice. You may terminate the User Agreement free of charge at any time before the changes take effect. (5) Bookings already confirmed are handled according to the terms that applied at the time of booking.
20. Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers habitually resident in another country additionally retain the protection of the mandatory consumer protection provisions of that country. (2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes is Berlin. For consumers, the statutory places of jurisdiction apply. (3) We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. (4) You may only transfer rights and obligations under the User Agreement to third parties with our prior consent. We may transfer the agreement to an affiliated company or a legal successor. We will inform you of this at least 30 days in advance; in this case you may terminate the agreement at any time. (5) Notices to you are generally sent electronically: by email to the address stored in your account, via the platform or by push notification. (6) If any provision of these Terms is invalid, the remainder of the agreement remains valid. The invalid provision is replaced by the statutory provisions. (7) These Terms are concluded in German. Versions in other languages are for information only. In the event of discrepancies, the German version prevails. (8) Please send any questions about these Terms to info@bookingbyoffer.com.