Terms of use

§ 1 Scope and definitions

(1) These terms govern the use of the Quartavo platform, operated by Steven Bohm Media Solutions, Detmolder Str. 317, 33175 Bad Lippspringe, Germany ("we", "us"). They apply to every user, whether looking for accommodation ("guest") or offering it ("host"). One person can be both.

(2) Our privacy policy and legal notice apply in addition.

(3) These terms govern the relationship between you and us — the use of the platform. They are not the contract for your stay: that contract is concluded between host and guest (§ 2).

(4) In these terms:

• Listing means an offer by a host — an entire property or a collection of rooms that can be booked individually;
• Full booking means the booking of all rooms of a room collection;
• Exchange booking means a booking where a service in return is agreed instead of a nightly price;
• Booking means the accommodation contract concluded between guest and host.

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§ 2 Role of the platform

(1) Quartavo is an online marketplace. We provide the platform on which hosts offer accommodation and guests book it, and we process the payment. The contract for the accommodation is concluded exclusively between host and guest. We do not become a party to that contract; we are neither landlord nor accommodation provider, nor a travel organiser. The host alone is responsible for performing the booking.

(2) Towards the host we provide a brokerage service, for which the host pays the fee set out in § 7. For guests, using the platform is free of charge.

(3) With every booking, host and guest agree that the following rules of these terms apply to their contract: § 6 (conclusion of the booking), § 8 (payment), § 9 (cancellation), § 10 (1) (payment through Stripe directly to the host) and, for exchange bookings, § 11 — in each case supplemented by the conditions stated in the listing, in particular price, deposit, free cancellation period, house rules and check-in and check-out times. The host offers the accommodation on these rules by publishing the listing; the guest books on them by sending a request or making an instant booking.

(4) These terms take precedence over any conditions of the host's own. The host's own conditions become part of the contract only insofar as they do not contradict the rules named in paragraph 3. This concerns in particular payments not included in the stated price and cancellation rules stricter than those stated in the listing. Excepted are levies that the host must collect from the guest under the law of the place where the accommodation is located, such as tourist tax or accommodation tax. The host states them and their amount in the listing before the booking; the host alone is responsible for collecting and paying them.

(5) We do not check listings for accuracy before they are published. We verify the identity of hosts (§ 3 (4)), but not the condition and features of the accommodation or whether the host is entitled to let it (§ 5 (7)).

(6) Order of search results. Only listings that match the search criteria are shown — place or radius, period and availability, number of guests and the selected filters. Without a chosen sort order: on the web, matching listings appear in a random order that stays the same for the duration of a session; without search criteria, the most recently published come first. In the app they appear by distance from the searched place. Users can instead sort by price, rating or distance. We do not accept payment for a better position, and the brokerage fee has no influence on the order. Listings carry the label "New" during the first seven days after publication.

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§ 3 Account, registration and security

(1) Using the platform requires an account. Truthful information must be given at registration. An account is personal and must not be passed on to third parties. Several accounts for the same person are not permitted. Only persons aged 18 or over may open an account and use the platform.

(2) The email address provided must be confirmed. Until it is confirmed, functionality is limited.

(3) Browsing, saving and viewing one's own bookings are possible once the email address is confirmed. For everything with consequences — booking, paying, messaging and everything related to hosting — the account must first be secured with a second factor, either an authenticator app (TOTP) or a passkey.

(4) Anyone who wants to list as a host must first verify their identity. We review the documents submitted and only then enable hosting. Until the check, the documents are stored encrypted; they are not passed on and are deleted as soon as the check is decided. We keep only the result and the date of birth.

(5) We may suspend an account if these terms are breached. The person concerned is informed and given reasons. Ongoing bookings remain unaffected as far as they can still be performed. We terminate the user relationship with a business host entirely, or suspend their account permanently, only with 30 days' notice and a statement of reasons; without notice only where we are legally obliged to or the host has repeatedly and seriously breached these terms (Art. 4 Regulation (EU) 2019/1150).

(6) We may temporarily restrict or suspend a guest account's ability to make new bookings if there are objective reasons for doing so. An objective reason exists in particular if the guest has cancelled five or more paid bookings within 90 days or there are other indications of abusive use. Current bookings and access to the account remain unaffected. The guest is informed of the restriction and the reasons for it.

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§ 4 Private and business hosts

(1) Anyone offering accommodation as a trader within the meaning of § 14 of the German Civil Code (BGB) — that is, in the course of a commercial or self-employed professional activity — must switch their account to a business account before the first offer. Whether they act as a trader is assessed by the host, who is responsible for the accuracy of this statement. Indications are in particular a trade registration, letting several properties, letting on a lasting basis with the intention of making a profit, or being liable to VAT for the letting.

(2) For a business account we collect, before activation, name or company name, legal form, authorised representative, address, email address, telephone number where available, register court and register number, VAT identification number and competent supervisory authority; in addition, the identity must be verified. The host declares that they will only offer services that comply with applicable law. A business account is only activated once this information is complete.

(3) The trader information (legal notice) of a host with a business account is shown on their public profile. If the information changes, the host must correct it without delay. If the host no longer offers as a trader, they can downgrade the business account; the legal notice is then no longer public.

(4) A host without a business account offers as a private individual by their own account. Consumer rights under European Union law then do not apply to the contract between that host and the guest.

(5) If we learn that information under paragraph 2 is incorrect or incomplete, or if a host is evidently acting as a trader without a business account, we ask them to correct this. Until it is corrected, we may take their listings offline.

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§ 5 Listings and host obligations

(1) The host is responsible for the accuracy and completeness of their information — in particular location, size, features, occupancy, prices and availability. Photos must show the accommodation offered.

(2) The host keeps their availability up to date. A confirmed booking is binding.

(3) Where a registration number from the authorities is required for short-term rental, the host must provide it. It is shown on the listing. We transmit the information required by law to the competent body.

(4) The host's house rules are shown on the listing and form part of the booking, insofar as they do not contradict these terms (§ 2 (4)).

(5) If a listing breaches these terms or applicable law, we may take it offline. The host receives a statement of reasons naming the measure, the underlying facts and the rule breached. The host may appeal once against each suspension; we review the appeal, communicate the outcome with reasons and lift the suspension if the appeal is justified. The further remedies under § 13 (5) remain unaffected.

(6) A newly created listing is a draft that only the host can see. It only becomes public and bookable once the host publishes it; the host may take it offline again at any time. Changes to a published listing take effect immediately; for bookings already concluded, the information at the time of booking applies.

(7) The host warrants that they are entitled to let the accommodation. In particular, they obtain all required permits, comply with the rules on short-term rental and change of use at the place of the accommodation and, if they are themselves a tenant or the accommodation is part of a homeowners' association, have the required consent of the landlord or the association. They keep the accommodation in a safe condition that complies with the contract and fulfil the obligations that the law of the place of the accommodation imposes on an accommodation provider, such as registration and fire safety obligations.

(8) We do not offer insurance cover or any guarantee for damage to the accommodation or caused by the stay. We recommend that hosts take out insurance covering damage caused by guests and their own liability towards guests. Claims for damage to the accommodation are pursued between host and guest.

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§ 6 Conclusion of the booking

(1) A listing is not yet an offer in the legal sense. The guest's booking request is their offer; the contract is concluded with the confirmation.

(2) Depending on the listing's settings, one of two routes applies:

• Instant booking: the contract is concluded with the payment. The guest has 24 hours for this; after that the reservation lapses and the dates are released again.
• Booking on request: the host has 72 hours to accept or decline the request. If the host accepts, the guest then has 24 hours to pay. Without a response, the request lapses.

(3) Before the payment period expires, we remind the guest once.

(4) A full booking is only possible for periods in which no room of the accommodation is booked individually. An existing booking is never cancelled in favour of another.

(5) Anyone who books for further persons and gives their names confirms that they are entitled to do so and informs the fellow travellers that we process their data (privacy policy, section 9).

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§ 7 Prices and fees

(1) The guest pays the price stated on the listing. No further fee is added for the guest.

(2) For the brokerage, the host pays a fee of 14 % of the accommodation price plus VAT where applicable (§ 17 (4)). We always show the fee as a gross amount, i.e. including VAT, and withhold this amount from the payout.

(3) The same rate applies to the full booking of a room collection, calculated on the price stated for it.

(4) Amounts are settled in the listing's currency. If an amount is shown in another currency, this is a non-binding conversion; the amount in the settlement currency prevails.

(5) We may change our fee rates for future bookings in accordance with § 20. For bookings already concluded, the rate at the time of booking applies.

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§ 8 Payment

(1) Payment is processed by our payment service provider. We do not store complete payment data.

(2) If the listing provides for a deposit, it is due at booking; the balance is due 15 days before arrival. Without a deposit, the full amount is due at booking.

(3) If a payment that is due is not made on time, we may cancel the booking and release the dates again.

(4) The guest receives a receipt for every payment, the host an invoice for the fee. Both are available in the account.

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§ 9 Cancellation

(1) Cancellation by the guest. Every listing states a period for free cancellation (14 days before arrival by default).

• If the guest cancels within this period, they receive the full amount paid back. No fees are withheld.
• If they cancel after it, a deposit paid is forfeited to the host. Any amount paid beyond that is refunded.
• From the day of arrival, the guest can no longer cancel; a concern is reviewed as an individual case (paragraph 3).

(2) Cancellation by the host. The guest receives the full amount paid back. As liquidated damages for the lost brokerage fee and the cost of unwinding the booking, we charge the host the brokerage fee rate of this booking (§ 7) on the amount the guest has already paid, excluding VAT. The damages are at least € 15 in every case, for business hosts at least € 20. Where the host acts as a consumer, however, the damages are capped at the brokerage fee agreed for the booking. The host remains free to prove that we suffered no loss or a substantially lower loss. In cases of hardship we may waive the damages.

(3) After arrival, we decide on a refund in the individual case and may refund all or part of the amount paid. Both sides are informed of the decision and its reasons.

(4) A cancelled booking cannot be reviewed by either side.

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§ 10 Payment and payouts to hosts

(1) Payment directly to the host. The guest pays the booking amount through the licensed payment service provider Stripe directly into the host's Stripe account; Stripe holds the money for the host. With this payment the guest has paid the host. Quartavo does not hold customer funds. Our fee (§ 7) is withheld at payment and credited to our own Stripe account.

(2) Stripe pays the balance out to the host's bank account; we set the timing according to the following rules. The share of a deposit is paid out once the free cancellation period has expired. The remaining share is paid out from the day of arrival; it then stays on the Stripe account for another 24 hours to cover chargebacks and short-term disputes. A payment that has been on the Stripe account for 85 days is paid out even before arrival. The payout takes place automatically or on request.

(3) If a booking is cancelled or an amount refunded, Stripe refunds it to the guest. The host's share is reversed from the host's Stripe account, our fee in the same proportion from ours. If the amount has already been paid out to the host's bank account, the host's Stripe account goes into a negative balance, which Stripe sets off against future payments or collects from the bank account; the host is obliged to repay to that extent.

(4) A chargeback by the guest's bank is first debited by Stripe to us. We may reverse the host's share in the amount of the chargeback from the host's Stripe account; if the chargeback is decided in the host's favour, the host receives the amount back.

(5) Amounts the host owes us — in particular damages under § 9 (2) and the fee for exchange bookings (§ 11) — are invoiced to the host. They are not set off against payouts.

(6) Before publishing their first listing, the host sets up an account with Stripe and accepts Stripe's terms. As long as this account cannot accept payments, no listing can be published or booked. Every movement is shown individually in the payout overview. We have no access to the host's bank account and cannot collect amounts from it.

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§ 11 Exchange bookings

(1) In an exchange booking, a service in return — for example pet or house sitting — is agreed instead of a nightly price. The host describes the expected service on the listing; guest and host settle the details in the chat.

(2) The platform acts solely as an intermediary and does not become a party to the agreement. No employment or service relationship is created through the platform; the service in return is a private favour or an independent barter agreement between guest and host. Both parties are themselves responsible for complying with all legal requirements (in particular labour, minimum-wage, tax, social-security and occupational-safety law). The platform accepts no liability for the nature, scope or quality of the service in return, nor for any damage arising during its performance (in particular property damage, personal injury, or breaches of occupational-safety law). The agreement and its fulfilment rest solely with guest and host.

(3) These conditions are shown again before the binding request and must be confirmed. If a fee is charged for brokering an exchange booking, it is stated to the host beforehand and applies in the amount stated at the time of booking.

(4) The service in return must be reasonable in kind and scope in relation to the stay. An exchange booking must not be used to agree employment or a commercial service in return for accommodation — in particular no work under instruction with fixed working hours, no craft or construction work and no care of persons. We do not place workers. We may remove listings and requests that breach this.

(5) Guest and host arrange adequate insurance themselves, in particular liability insurance covering damage caused while providing the service and — where animals are looked after — pet owner's liability insurance on the host's side. They clarify in advance whether their insurance covers such favours. We do not offer insurance cover.

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§ 12 Reviews

(1) After a completed booking, guest and host can review each other.

(2) Reviews are hidden from both sides: they only become visible once both sides have reviewed or 14 days have passed since departure.

(3) Reviews must relate to the actual stay. We may remove reviews that breach § 14.

(4) If we have declined a cancellation under § 9 (3), we may block reviews for that booking. This is to prevent a declined refund from being fought out through a review.

(5) This is how we ensure that reviews come from people who actually stayed at or let the accommodation: a review is only possible for a booking completed via Quartavo and not cancelled, and only by its guest or host. We publish positive and negative reviews alike, as long as they do not breach § 14, and we do not pay for reviews.

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§ 13 Content, reports and moderation

(1) Anyone can report content to us that they consider unlawful or in breach of these terms — when signed in directly on the message, the image and in the conversation menu, otherwise, for example for listings and reviews, by email to hallo@quartavo.com. A report should explain why the content is objected to and identify it precisely enough for us to find it, for example by a link.

(2) We review every report promptly, carefully and objectively and inform the reporting person of our decision and its reasons.

(3) Possible measures are: removing or blocking content, taking a listing offline, warning, temporary or permanent suspension of the account. We choose the measure according to the severity, frequency and consequences of the breach and take the legitimate interests of everyone involved into account. Anyone who repeatedly posts manifestly unlawful content or submits manifestly unfounded reports may be suspended for a reasonable period after a prior warning.

(4) If we restrict content or an account, the person concerned receives a statement of reasons. It names the measure, the underlying facts, the statutory provision or rule of these terms breached and the remedies available. Moderation decisions are made by people at Quartavo, not by automated means.

(5) The person concerned and the reporting person may complain to support about a moderation decision within six months; against the suspension of a listing, the appeal under § 5 (5) is additionally available. We review the complaint again and communicate the outcome with reasons. In addition, those concerned may turn to an out-of-court dispute settlement body certified under the Digital Services Act or go to court.

(6) We keep reported content for the duration of the review — 90 days, for reports concerning the endangerment of children, sexual content or depictions of violence 180 days. This also applies if the sending person deletes the content: it is then no longer visible to the other participants but is kept for the review. Otherwise someone could escape an ongoing procedure by deleting.

(7) Users can block other users. After that, no further exchange takes place. Support remains available to both sides.

(8) If we become aware of information giving rise to a suspicion of a criminal offence that poses a threat to the life or safety of a person, we inform the competent authorities.

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§ 14 User obligations and prohibited use

(1) In particular, it is prohibited:

• to agree payment or booking outside the platform;
• to give false information about one's person, the accommodation or a booking;
• to post content that is unlawful, insulting, threatening, sexualised or glorifies violence;
• to read data from the platform by automated means;
• to hold several accounts for the same person or to pass an account on.

(2) In the event of breaches we may remove content, take listings offline and suspend accounts.

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§ 15 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and insofar as we have given a guarantee.

(2) In the case of slight negligence we are only liable for the breach of an essential contractual obligation, i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely — for example the proper forwarding of payments. In this case liability is limited to the foreseeable damage typical for the contract at the time it was concluded. Otherwise, liability for slight negligence is excluded.

(3) The accommodation is owed by the host alone (§ 2). Hosts and guests are themselves responsible for its performance, for the condition, features, safety and lawfulness of the accommodation and for their own information and conduct. We are liable for our own breaches of duty under paragraphs 1 and 2 — in particular if we become aware of an unlawful listing or content and do not act without undue delay.

(4) We strive for uninterrupted availability of the platform but do not owe it. Maintenance, security updates and disruptions beyond our control may temporarily restrict use.

(5) Paragraphs 1 to 4 also apply in favour of our employees and vicarious agents.

(6) Users indemnify us against claims asserted against us by third parties on account of a culpable infringement of rights by the user — in particular on account of content they posted or the letting of accommodation — including the reasonable costs of legal defence.

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§ 16 Data and deletion

(1) Details on the processing of personal data are set out in the privacy policy.

(2) Everyone can delete their account themselves — in the app under Profile, on the web under Settings. Listings go offline immediately. The account remains for 30 days; during this time the deletion can be revoked by signing in again. After that, the personal data is removed. Details under Delete account.

(3) While a booking is running or upcoming, a guest is staying or a payout is pending, deletion is not possible.

(4) We keep settled bookings, invoices and payment receipts for ten years for tax reasons, but without reference to the person. Reviews and conversations remain so that the other side keeps its booking history; the name there is replaced with "Deleted user". Information subject to tax reporting is kept until the next report.

(5) Anyone who only wants individual data removed will find the way under Delete data. We process such requests within 20 days.

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§ 17 Taxes

(1) Hosts are themselves responsible for the tax treatment of their income, including income tax and VAT as well as local levies such as accommodation or tourist tax. We do not give tax advice.

(2) As a platform operator we are obliged under the German Platform Tax Transparency Act (PStTG) to report information about hosts and their income annually to the German Federal Central Tax Office, which may pass it on to the tax authorities of other states. Reported are in particular name, address, date of birth, for businesses company name and register number, tax identification number, VAT identification number, the account for payouts, the address of every property let and, where available, its land register or cadastral number, as well as per quarter the amounts paid, the fees withheld and the number of bookings and nights let. Hosts tax resident outside the European Union are reported only for properties in the European Union; if they only offer properties outside the European Union, no report is made.

(3) The host provides the information required of them completely and correctly in their tax self-declaration and keeps it up to date. If it is still missing after two reminders, we are obliged by law to hold back payouts or suspend the account until the information is provided.

(4) Our fees — the brokerage fee and the fee for exchange bookings — are services to the host and are subject to VAT where applicable. We always show them including VAT. We charge no VAT on the damages under § 9 (2), as no service of ours is provided in return. If a host has a VAT identification number of another EU member state confirmed by us, we invoice the fee without VAT and the host owes the tax (reverse charge). Otherwise we charge the VAT of the state in which the brokered accommodation is located.

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§ 18 Right of withdrawal

(1) For guests, using the platform is free of charge. For a booking with a host with a business account there is no right of withdrawal, because it is accommodation for a specific date (§ 312g (2) no. 9 BGB). For a private host, § 4 (4) applies. Free cancellation under § 9 remains unaffected.

(2) Hosts who are consumers have the following right of withdrawal for the contract concluded with us:

Withdrawal notice

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Steven Bohm Media Solutions, Detmolder Str. 317, 33175 Bad Lippspringe, Germany, email: hallo@quartavo.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the attached model withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

• To Steven Bohm Media Solutions, Detmolder Str. 317, 33175 Bad Lippspringe, Germany, email: hallo@quartavo.com:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

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§ 19 Term, termination and suspension

(1) The user relationship runs for an indefinite period.

(2) The user can end it at any time by deleting their account (§ 16 (2)).

(3) We may terminate the user relationship and suspend the account in the event of breaches of these terms; for business hosts, § 3 (5) sentence 4 applies. Existing bookings are still processed where possible; where this is not possible, the cancellation rules of § 9 apply.

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§ 20 Changes to these terms

(1) We may change these terms with effect for the future if there is a valid reason, in particular a change in the law or case law, requirements of the authorities, new or changed functions of the platform, closing security gaps or removing ambiguities.

(2) We announce changes at least 30 days before they take effect by email and on the next visit to the platform, naming the changed passages. A shorter period only applies where a statutory or official obligation forces us to do so or where it is necessary to avert an unforeseen danger to the platform or its users.

(3) Changes that alter the essential services or the balance of performance and consideration to the detriment of users — in particular higher fees or less favourable cancellation rules — only take effect with express consent. If a user does not consent, we may terminate the user relationship with 30 days' notice; until then, the previous version applies to them.

(4) Other changes are deemed accepted if the user does not object to them by the time they take effect. We expressly point out this consequence, the right to object and the deadline in the announcement. If the user objects, paragraph 3 sentence 2 applies accordingly. The user's right to end the user relationship at any time (§ 19 (2)) remains unaffected.

(5) For bookings already concluded, the version in force at the time of booking applies.

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§ 21 Final provisions

(1) The user relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law only applies insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) Which law applies to the booking between guest and host is determined by the statutory rules; these terms make no choice of law for it.

(3) If the user is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from the user relationship is Paderborn. Statutory places of jurisdiction for consumers remain unaffected.

(4) We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. The options under § 13 (5) remain unaffected.

(5) The German version of these terms is authoritative. Translations are provided for information. Towards consumers, where the German version and a translation differ, the version more favourable to them applies.

(6) If individual provisions of these terms are wholly or partly invalid, the rest of the contract remains valid. The statutory provisions take the place of the invalid provision.

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§ 22 Users outside the EU and the EEA

(1) These terms apply uniformly to all users. For users whose habitual residence or seat is outside the European Union and the European Economic Area, the following paragraphs apply in addition; where they differ, they take precedence.

(2) The choice of law under § 21 (1) and the place of jurisdiction under § 21 (3) also apply to these users. Mandatory consumer protection provisions of their state of residence remain unaffected insofar as they take precedence under the applicable law.

(3) Payouts to hosts are only possible in states supported by our payment service provider. Fees charged by the user's banks or payment service providers for currency conversion or foreign payments are borne by the user.

(4) The reporting obligation under § 17 (2) also concerns hosts outside the EU insofar as they let accommodation located in the EU.

(5) Hosts and guests are themselves responsible for complying with the rules applicable at their place of residence and at the place of the accommodation. We do not warrant that the platform may be used in every state.