1.    Geltungsbereich

These General Terms and Conditions of Subscription (“GTC”) shall apply to the contracts concluded between you and MyFlexHome GmbH, Pfälzer-Wald-Straße 64, 81539 Munich (“MyFlexHome”) via the website www.myflexhome.de concluded contracts for hotel and district subscriptions, hereinafter referred to as “Subscription” and the services provided in this context by MyFlexHome. 

  

2.     Conclusion of the contract, no right of withdrawal

1.     The presentation of the subscription and hotel options on our website does not constitute a legally binding offer, but merely an invitation to submit an offer for booking (invitatio ad offerendum).

2.      By clicking the “Book with obligation to pay” button in the last step of the booking process, you submit a binding offer to book the subscription displayed in the order overview and, if applicable, the respective hotel nights.

3.     Immediately after sending the subscription booking you will receive a confirmation of this subscription booking from MyFlexHome. However, this booking confirmation only confirms the acceptance of your offer to conclude the contract for the subscription with MyFlexHome, but not yet the successful reservation of any hotel nights that may have been booked. Booked hotel nights will be confirmed by us separately with a separate e-mail. 

4.     As part of the ordering process, they first select the desired Subscription and confirm the “Select subscription” button. By clicking this button, you are merely making a preselection regarding the subscription; this does not yet entail any obligation to pay. You still have the possibility to change your selection or cancel the booking process at any time. After selecting the subscription, you can choose the beginning of the subscription and the first nights within the subscription. The selection of the first nights can also be made at a later date. Depending on whether you want to book overnight stays already or select them later, you can click the “Save bookings” button or alternatively the “Select later” button. By clicking the “Save bookings” button you set the start date and the first nights. By clicking the “Select later” button you set the start date.  The saved nights can be rebooked according to point 5. You can enter your data and create your user account. Through your user account you can subsequently manage your subscription and booking of your hotel nights. Finally, an overview page opens where you can check your information and the selection you have made. You can correct input errors, if you want to cancel the booking process completely, you can also close your browser window. Otherwise, after clicking the confirmation button “Book with obligation to pay” their declaration becomes binding.

5.     The contractual provisions with details of the booked subscription and/or the reserved nights including these GTC will be sent to you by e-mail with acceptance of the contractual offer. We do not store the terms of the contract. 

6.     We point out that according to § 312g para. 2 sentence 1 no. 9 of the German Civil Code (BGB), there is no right of withdrawal for contracts for the provision of accommodation services for purposes other than residential purposes, if the contract provides for a specific date or period for the provision, which are concluded at a distance (letters, telephone, telecopy, e-mail, SMS, broadcasting, telemedia, online services).

 

3.    Contract content

1.     You can choose between different subscription options in the booking process (4, 6, 8, 10, 12, 14 or 16 nights per month). The subscriptions are always for a specific hotel or booked as part of a so-called “district subscription”.

2.     The current price of the subscription to the selected hotel or district is indicated in the booking process. The prices are always for the selected subscription option for one person in the selected room category and without other extras (e.g. breakfast), unless this is explicitly stated.

3.     Taking out a subscription grants you the right to reserve the number of nights included in your subscription per month at the selected hotel or as part of a district subscription via the booking tool on the MyFlexHome website, subject to availability. The respective number of nights is included in the subscription price, only on certain dates named on our website (e.g. certain fairs, events) additional surcharges are due or a booking is not possible. The exact dates and, if applicable, surcharges can be viewed on the MyFlexHome website at each hotel.

4.     Booking a subscription and successful reservation of a room for a certain date in the selected hotel via the MyFlexHome website, confirmed by MyFlexHome, grants you the right to conclude an accommodation contract with the operator of the selected or assigned hotel for the reserved date. Accordingly, the accommodation contract is concluded directly with the operator of the selected hotel under the conditions specified by the latter and not with MyFlexHome. With MyFlexHome exists only the contract for the booked subscription and the related services based on these GTC. These GTC do not apply to the contractual relationship between you and the operator of the selected hotel.

 

4.   User account

1.     You create your user account as part of the subscription order process as described in section 2. Through the user account you can manage your subscription at any time and reserve nights in the subscription you have selected. To do this, you must enter a number of personal details (first and last name, street, house number, zip code, place of residence, telephone number and country) on our website in the form provided for this purpose, deposit a means of payment and generate a personal password. You can access your user account generated in this way at any time during the contract period and call up current information, in particular on the subscription period, billing of the monthly subscription fees or on reserved nights. You can also make changes to your personal profile and the payment method stored there at any time.

2.     Your user account is protected by a password, which you assign when you first set it up and can change at any time later. We recommend that you provide the password with the usual security precautions and do not disclose it to third parties.

3.     MyFlexHome is entitled to suspend your user account in the event of suspected misuse by third parties (in particular in the event of suspected hacking) until the facts of the case have been clarified or your access data has been changed. If the misuse is caused intentionally by you, we are furthermore entitled to terminate your subscription extraordinarily and without notice.

4.   In case of suspicion of improper use, MyFlexHome asks you to contact us immediately, e.g. by e-mail. Please refer to the    MyFlexHome website for contact information.

 

5.   Reservations, rebookings, transfer of subscription nights, special services

1.     After booking a subscription, you can reserve a room in the hotel you have chosen, subject to availability. In the case of a so-called “district subscription”, the hotel will be assigned to you only after booking. Hotels accept reservations based on availability only. 

2.     Reservation is possible through your MyFlexHome user account on the MyFlexHome website. You can select data in your user account and send a binding reservation request to MyFlexHome by clicking the “Save bookings” button. MyFlexHome will confirm receipt of your reservation request with an acknowledgement of receipt. However, this does not constitute acceptance of the reservation. Upon acceptance of your offer, MyFlexHome will confirm your reservation by sending a confirmation email to your email address stored in your user account.

3.     Changes and cancellations of already reserved nights are possible free of charge via the user account on the website of MyFlexHome within a certain period according to the subscription conditions before the reserved arrival date, depending on the selected subscription. The exact details of the respective deadline for free cancellations and rebookings will be displayed to you prior to the reservation and additionally indicated in your user account for the respective subscription. Cancellations or rebookings after the deadline stated there are not possible free of charge, so the night will be counted as used and deducted accordingly from the subscription nights still available. Any expenses saved shall be taken into account

4.     If you do not use all the nights included in your subscription in one month, in case of an uncancelled subscription, you can carry over nights to the following month and use them in the following month. The maximum number of nights that can be transferred to the following month is the number of nights included in the package of the current subscription (example: 6 nights subscription = maximum 6 nights can be transferred to the following month). All other nights will be forfeited without compensation. If you cancel your subscription and do not use all included nights in the last month of the subscription period, these nights will expire. Payment of unused nights or reduction of the monthly subscription fee is not possible. 

5.      MyFlexHome is entitled within the framework of the hotel subscription to rebook the customer to a nearby, other hotel with the same hotel classification, if no room is available in the selected hotel on the reserved date. In the city district subscription, the assignment of the hotel is made per booking request by MyFlexHome.

6.     Within the framework of the subscription, the hotel can offer you specific special services, free of charge as well as paid. These include, for example. the possibility to book a parking place at a reduced price or to store a piece of luggage in the hotel between overnight stays. The offer of special services may change and differs depending on the hotel. The customer cannot derive a permanent claim from a special service offered on a temporary basis. The currently offered special services can be found in your user account at the respective hotel, whereby changes are also possible at short notice.

 

6.   Accommodation contract

1.     The contractual partner of your accommodation contract is the operator of the hotel selected by you within the scope of the subscription. The contractual terms and conditions of the respective hotel operator shall apply to this accommodation contract, which are available on its website or can be viewed at the selected hotel. Any claims, e.g. Warranty claims in connection with the accommodation service are therefore to be asserted exclusively against the operator of the selected hotel. 

2.     Used extra services, which are not included in the subscription, (e.g. minibar, breakfast) are always charged directly by the hotel and are to be paid directly to the hotel. MyFlexHome is not liable to the hotel for extra services used by you at the hotel.

 

7.   Terms of payment, price adjustments

1.     The subscription fee is due immediately upon booking. If the subscription is renewed, the monthly subscription fees will be due on the first day of each subscription month.

2.      Payment of the subscription and any surcharges incurred at trade fair times will be made by credit card, direct debit, Apple Pay or Google Pay.

3.     A claim for overnight stay exists only after payment has been made. 

4.     Surcharges at trade fair times will be invoiced separately.

5.     Price adjustments by MyFlexHome are possible if the price adjustment results directly from an increase in the hotel rates charged to MyFlexHome after conclusion of the contract or from an adjustment of relevant taxes and other charges for the agreed contractual services. In the event of a price increase of more than 8% per half-year, you have a special right of termination.

 

8.     Liability

1.    MyFlexHome is liable for intent and gross negligence. Furthermore, MyFlexHome is liable for the negligent breach of obligations, the fulfillment of which is essential for the proper performance of the   The customer is obliged to comply with all contractual obligations, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which the customer may regularly rely. In the latter case, however, MyFlexHome shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by MyFlexHome’s vicarious agents. 

2.       The above exclusions of liability shall not apply in the event of injury to life, limb or health or within the scope of liability under the Product Liability Act.

 

9.   Term, Subscription Break, Cancellation

1.     The subscriptions have a duration of one month each from the selected date of the subscription start. 

2.     Each subscription may be terminated by either party in text form (esp. by e-mail) on a monthly basis with a notice period of one day to the end of the respective subscription period. If no cancellation is made within this period or as soon as reservations are made for the following month, the subscription period will be extended by another month. Termination by MyFlexHome is possible in particular if the selected hotel can no longer be offered by MyFlexHome. However, in these cases MyFlexHome can offer you another subscription with a comparable hotel. 

3.   At the end of a subscription month, any subscription can be paused. The notification of the wish to pause the subscription must be communicated to MyFlexHome in text form at least one day before the beginning of the month to be paused. A pause is possible up to 3 months per year. After 3 months, the subscription is considered cancelled and all unused nights expire without replacement. No overnight stays can be booked for the paused period.  

4.     The right to extraordinary termination for good cause remains unaffected.

 

10.  Privacy

MyFlexHome collects and stores the customer data necessary for the business transaction. When processing personal data, MyFlexHome shall comply with the statutory Provisions. Details can be found in the privacy policy available online at MyFlexHome. You will receive information about your stored personal data at any time.

 

11.   Final provisions

1.       The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2.       The contract language is German.

3.     The European Commission provides a platform for online dispute resolution (OS) at http: //ec.europa.eu/consumers/odr/. Our email address is:  [email protected] .  We are not obligated or willing to participate in a dispute resolution procedure pursuant to the German Consumer Dispute Resolution Act (VSBG).

4.       Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract.