Terms of Service
Last updated: June 2026
These Terms of Service govern your use of the BookingByOffer platform (bookingbyoffer.com), operated by BookingByOffer GmbH, Weyertal 4, 50937 Cologne, Germany. By registering on our platform, you accept these Terms of Service and our Privacy Policy.
1. Platform Description
(1) BookingByOffer is an online platform that connects hosts with guests. Guests can find accommodation and negotiate prices directly with hosts. No fixed prices are displayed — the price is determined through negotiation between guest and host. (2) BookingByOffer is not a party to the rental agreement between guest and host. The platform merely provides the technical infrastructure for the arrangement and processing of bookings. (3) BookingByOffer acts as a "Limited Payment Collection Agent" on behalf of the host. A payment from a guest is considered received by the host upon receipt by BookingByOffer.
2. Registration and User Account
(1) Use of the platform requires registration. Complete and accurate information must be provided at registration. (2) The user is responsible for maintaining the confidentiality of their login credentials. If misuse of an account is detected, BookingByOffer must be notified immediately. (3) BookingByOffer reserves the right to suspend or delete accounts in the event of violations of these Terms. (4) It is not permitted to create multiple accounts or transfer an account to another person.
3. Offer Process and Contract Formation
(1) Guests may submit a price offer for accommodations. The offer constitutes a binding application to conclude a rental agreement at the offered price. (2) The host may accept, reject, or counter the offer. Upon acceptance of the offer (possibly after several rounds of negotiation), the rental agreement is concluded. (3) Offers automatically expire after the displayed deadline if no response from the host is received. (4) After acceptance of the offer by the host, the guest is required to confirm the booking by making payment. If no payment is made within the displayed deadline, the booking expires.
4. Prices, Fees and Payment
(1) The negotiated price is stored and displayed in EUR. Display in other currencies is for informational purposes only and is based on current exchange rates. (2) BookingByOffer charges a platform fee of 12% of the agreed total price. This fee is deducted from the guest's payment; hosts receive 88% of the agreed price. (3) Payment is processed securely via Stripe. Bank details are stored exclusively by Stripe and not on our servers. (4) Hosts receive their payout no earlier than 24 hours after the check-in date.
5. Cancellation Policy
Cancellation terms depend on the policy chosen by the host: Flexible Policy: Cancellation up to 24 hours before check-in: full refund. Cancellation less than 24 hours before check-in: no refund. Moderate Policy: Cancellation up to 5 days before check-in: full refund. Cancellation less than 5 days before check-in: 50% refund. Strict Policy: Cancellation up to 30 days before check-in: full refund. Cancellation less than 30 days before check-in: no refund. For all policies: cancellations within 24 hours of booking confirmation receive a full refund, provided check-in is at least 7 days away (Grace Period). If the host cancels, the guest always receives a full refund.
6. Host Obligations
(1) Hosts are required to provide truthful and complete information about their accommodations. (2) Hosts confirm that they have the right to rent out the accommodation and hold all required local permits. (3) Hosts are required to respond to inquiries in a timely manner. Repeated non-responses may result in account restrictions. (4) Hosts are solely responsible for correctly declaring and taxing their rental income.
7. Guest Obligations
(1) Guests are required to provide truthful information about themselves. (2) Guests undertake to treat the accommodation with care and to comply with the host's house rules. (3) Any damage to the accommodation must be reported immediately and may be charged to the guest. (4) Submitting abusive or insincere offers is prohibited.
8. Limitation of Liability
(1) BookingByOffer is not liable for the content of listings, the accuracy of hosts' information, or the quality of accommodations. (2) BookingByOffer is not liable for damages arising from the use of the platform, unless caused by gross negligence or intent on the part of BookingByOffer. (3) BookingByOffer accepts no liability for failures or errors of third-party services used (e.g. Stripe). (4) Liability for damages resulting from injury to life, body or health remains unaffected.
9. Privacy
The protection of your personal data is important to us. For details on how we process your data, please refer to our Privacy Policy available at /datenschutz.
10. Amendments to these Terms
(1) BookingByOffer reserves the right to amend these Terms with future effect. (2) Registered users will be notified of material changes by email. (3) If the user does not object to the amended Terms within 4 weeks of notification, the new Terms shall be deemed accepted.
11. Governing Law and Jurisdiction
(1) The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods. (2) Place of jurisdiction is Cologne, insofar as the user is a merchant, a legal entity under public law, or a special fund under public law.