GTC · Conditions of use
General terms and conditions
These Terms and Conditions govern the use of the StayToEnjoy Platform by end-users, buyers, prospects, suppliers, dealers and service providers worldwide, subject to mandatory local consumer and data protection laws.
Paragraph 1 Validity and consent
These General Terms and Conditions govern the use of the StayToEnjoy platform and all related websites, apps, functions, communication channels, booking, marketplace, social, live and business tools.
By registering, accessing or using StayToEnjoy, you acknowledge that you:
- have attained the minimum age of use of StayToEnjoy and the functions used
- have read and understood these GTC
- agree to these GTC legally binding
§ 2 Platform, services and role of StayToEnjoy
StayToEnjoy is a digital platform combining, in particular, the following functions and areas:
- Social network and community functions (feed, profiles, interactions, groups, communication)
- Marketplace for third party products and offers
- Booking and booking functions for services, accommodation, tours, experiences and other offers
- Live streaming, live shopping and other interactive real-time formats
- Business and SaaS functions such as dashboards, listings, insights, promotions and management tools
- Cashback, loyalty, recommendation or action programmes
Unless expressly stated otherwise, StayToEnjoy serves as a technical intermediation, presentation and interaction service between users and providers.
§ 3 Registration and user accounts
3.1 Registration
- Complete, accurate and up-to-date information shall be provided at the time of registration.
- False identities, multiple accounts for circumvention of rules or accounts misused are prohibited.
- StayToEnjoy may require additional information, testing or verification if this is necessary for security, compliance or the use of certain functions.
3.2 Account types
In particular, StayToEnjoy may distinguish between the following account types:
- Private users
- business users / suppliers / dealers / service providers
- Verified or unverified accounts
3.3 Access data and security
- Users are responsible for the confidentiality of their access data.
- Access data shall not be unlawfully disclosed or made available to third parties.
- Suspicious activities, security incidents or unauthorised access shall be reported immediately.
3.4 Age requirements and functional restrictions
The use of StayToEnjoy may be subject to different age requirements depending on the area, function, level of risk and legal classification.
- StayToEnjoy may restrict access to individual areas or functions depending on age.
- Certain functions may only be used by adult users.
- This may include, in particular, purchases, payable transactions, bookings, reservations, seller, merchant or service provider accounts, withdrawals and live shopping or other commercial live functions.
- StayToEnjoy may make access to age-restricted functions subject to additional checks or verification measures.
Section 4 Permitted and unauthorised use
The use of StayToEnjoy is only permitted under applicable law and these Terms and Conditions.
In particular, the following shall be revoked:
- Violations of applicable law or the rights of third parties
- Fraud, deception, misuse of identity or circumvention of security mechanisms
- Spam, unauthorised advertising or large-scale contacts without authorisation
- Manipulation of ratings, rankings, ranges, reactions or platform mechanisms
- Scraping, crawling, automated reading, systematic copying or indexing without express authorisation
- Disruption of the platform, attacks on security, integrity or availability
- Abuse of bots, scripts or technical circumvention solutions
Section 5 Content, rights and licences
5.1 Rights to plateform content
All rights to the design, trademarks, logos, software, user interfaces, database structures, texts, graphics, technical components and other platform content of StayToEnjoy shall be held by StayToEnjoy or the respective licensors, unless expressly stated otherwise.
5.2 User content
Users generally retain the rights to the content they submit; however, by uploading, publishing, transmitting or providing content, they grant StayToEnjoy, to the extent necessary for the operation of the platform:
- Worldwide
- Non-exclusive
- Unlicensed
- Sublicensed, where technically necessary
Authorisation for the storage, reproduction, display, distribution, technical processing, application within the platform, moderation and presentation of such content in connection with the operation, provision and improvement of StayToEnjoy.
5.3 Prohibited content
In particular, content which:
- are illegal or violate applicable law
- Promoting Hatred, Violence, Discrimination or Extremism
- are fraudulent, misleading or misleading
- Infringement of the rights of third parties, in particular copyright, trademark, personality or data protection rights
- are harmful to young people, abusive or otherwise unacceptable
§ 6 Marketplace, contracts and intermediary role
6.1 General role of the intermediary
StayToEnjoy provides the technical infrastructure through which users can discover, request, book, purchase or interact with providers.
6.2 No automatic entry as a Contracting Party
StayToEnjoy shall not become a Party solely by the presentation, transmission or technical handling of offers, content, prices, bookings, goods or services on the Platform.
6.3 Responsibility for performance
The fulfilment of the contract shall in principle be the responsibility of the supplier concerned, in particular:
- Accuracy and completeness of tender information
- Availability and performance of the service
- Supply, provision of services or provision
- information required by law
- Default handling, complaints, refunds and other contractual obligations
Section 7 Payments by third parties
7.1 No payment by StayToEnjoy
StayToEnjoy does not itself process payments in its own name.
- StayToEnjoy does not process payments in its own name.
- StayToEnjoy does not hold any funds from users or providers.
- StayToEnjoy does not act as a payment service provider, e-money institution or trustee.
7.2 Contractual relationship with payment service providers
The use of certain payment functions may justify a separate contractual relationship between the user or provider and the respective payment service provider, which shall be subject to the terms, data protection rules and regulatory requirements of the respective payment service provider.
7.3 Liability related to payments
Payment-related matters shall, depending on the circumstances, be covered in particular by:
- the relevant payment service provider for technical payment processing
- the relevant provider for prices, taxes, invoicing, refunds and performance-related payment questions
- the user concerned for correct payment information and compliance with his contractual obligations;
Section 8 Purchases, bookings and services
8.1 Purchases and orders
In the case of purchases of products over StayToEnjoy, the supplier shall in principle be the purchaser's contractual partner, unless otherwise specified in the specific offer.
8.2 Bookings and reservations
In the case of bookings, reservations or appointments for accommodation, tours, experiences, transport, services or other services, in principle, the respective provider shall be the contractual partner of the user.
8.3 Conditions of supply
For individual purchases, bookings or services, additional conditions may apply from the supplier concerned, in particular regarding availability, deadlines, scope of services, re-booking, cancellation, withdrawal, refund or conditions of use.
8.4 Age requirements for contractual functions
Functions that may lead to legally binding contracts or financial obligations may only be used by adult users, unless StayToEnjoy expressly discloses otherwise in individual cases.
- This applies in particular to purchases, orders, bookings, reservations and other payment or contractual transactions.
- StayToEnjoy shall be entitled to restrict access to such functions technically or to make them subject to verification.
Paragraph 9 Obligations of providers
Providers, dealers and service providers shall, in particular, undertake to:
- publish only legally permissible, valid and complete tenders;
- Transparency of products, services, availability, prices, conditions and restrictions
- comply with all applicable legal obligations, in particular consumer, labelling, tax, pricing, competition, data protection and other regulatory requirements;
- Provision of services in a timely manner and in accordance with the description of the offer
- to obtain and keep up-to-date the necessary permits, licences, registrations and proofs themselves;
- To process enquiries, complaints, refunds and disputes in an appropriate and timely manner
9.1 Responsibility of the supplier
In particular, providers shall be responsible for:
- Pricing, fees, taxes and charges
- Accounting and tax treatment
- Contract performance and customer communication
- Accuracy of all offers and performance data
9.2 Age-related obligations of providers
Providers are obliged to design and label age-restricted, legally sensitive or adult-only offers in accordance with the applicable legal requirements and platform rules of StayToEnjoy.
§ 11 Live streaming and live shopping
For live streams, live shopping, real-time presentations and other interactive real-time formats, in addition to these TOS, all applicable policies, policies and legal requirements shall apply.
- Providers and other stream controllers are solely responsible for content, statements, product presentations and sales data in the stream.
- Products, services, prices, availability and essential characteristics must be presented correctly and not misleadingly.
- Deceptive, aggressive, unfair, illegal or otherwise unacceptable sales practices are prohibited.
- Commercial live formats, sales streams or other contractual or payment-related live features may be restricted to full-time users.
StayToEnjoy may at any time, in particular in the case of infringements,:
- Examination
- moderating
- to interrupt
- restrict
- deactivate
- Removing
§ 12 Cashback, Loyalty and Promotions
StayToEnjoy may provide voluntary bonus, Cashback, loyalty, referral, voucher or promotional programmes.
- Such programmes are voluntary supplementary services and may be subject to conditions, periods, limits or availability.
- Unless expressly provided otherwise, no cash out payment or withdrawal outside the platform is eligible.
- Abuse, fraud, technical circumvention or artificial transaction design may lead to disclosure, correction, suspension or blocking.
- StayToEnjoy may modify, restrict, suspend or terminate programmes in whole or in part, to the extent that no mandatory legal rights do not preclude it.
§ 13 SaaS tools, dashboards and business features
StayToEnjoy may provide digital tools and business functions to providers and business users, in particular for:
- Dashboard and account management
- Creating and managing listings, offers and booking information
- Analysis, insights and performance reports
- Promotion, visibility or communication functions
- business-related administrative and interaction tools
§ 14 Cancellations, refunds and disputes
14.1 Principle
Cancellations, refunds, recalls, complaints and performance-related disputes shall, in principle, be settled between users and providers, unless StayToEnjoy is explicitly designated as the party responsible in individual cases.
14.2 Role of StayToEnjoy
StayToEnjoy may voluntarily provide supporting communications, reporting, moderation or documentation functions, but does not automatically become a party to the underlying transaction.
14.3 Legal rights
Compulsory legal rights of consumers, in particular under applicable local law, remain unaffected.
Section 15 Trust & Safety, moderation and verification
StayToEnjoy may implement systems and measures to:
- Prevention of fraud
- Identification of abuses
- Moderation of content and interactions
- Verification of users, providers or information
- Enforcement of platform rules, policies and security standards
In the case of infringements or risks, StayToEnjoy may in particular:
- Remove or restrict content
- Locking or limiting functions
- Temporary or permanent closure of accounts
- Request verification or evidence
- Restriction of reach, visibility or rights of use
Section 16 Availability, maintenance and amendments
StayToEnjoy shall endeavour to ensure the highest possible availability of the platform, but shall not be subject to uninterrupted or error-free availability.
- Maintenance, security measures, updates, technical changes or disruptions may temporarily restrict availability.
- Functions, contents, integrations or technical processes may be adapted, extended, reduced or discontinued where justified.
- The use of external services, interfaces or third-party providers may depend on their own availability and conditions.
Section 17 Liability
Where permitted by law, StayToEnjoy's liability shall in particular be excluded or limited to:
- Infringements of contracts, breaches of obligations or disruptions of performance between users and suppliers
- Content, information, offers or actions of users, providers or other third parties
- indirect losses, consequential losses, lost profits, data losses or indirect loss of assets
- Disruptions, outages, interruptions or delays caused by third parties, external systems or force majeure
§ 18 Termination and suspension
18.1 Termination by users
Users can cancel or delete their account within the scope of the available features or upon request.
18.2 Measures by StayToEnjoy
StayToEnjoy may temporarily or permanently restrict, block or terminate accounts, content or functions, in particular:
- in the case of breaches of these GTCs or other applicable directives
- in the case of security risks or suspected abuse
- in the event of incorrect information, fraud or insufficient verification
- where necessary to comply with statutory obligations or regulatory requirements;
Section 19 Protection of personal data
The processing of personal data shall be carried out in accordance with the data protection declaration of StayToEnjoy and the applicable data protection laws.
Where required by law, users shall be informed in a transparent, understandable and accessible manner about the nature, scope, purposes and legal basis of the data processing.
§ 20 Amendments to these GTC
StayToEnjoy may amend these GTCs with effect for the future insofar as there is a factual basis for doing so, in particular where:
- Changes in functions or business models
- Changes in legal situation or case law
- Safety, compliance or technical requirements
- Extensions or adaptations of services and platform areas
Substantial changes shall be duly notified to users and, to the extent permitted by law, further use after the changes have entered into force shall be deemed to constitute consent.
§ 21 Applicable law and partial ineffectiveness
These terms and conditions shall be governed by the law of the State in which StayToEnjoy has its registered office, in so far as they do not conflict with mandatory legal provisions, in particular mandatory consumer protection rules in the user's place of residence.
To the extent permitted by law, the seat of StayToEnjoy shall be the exclusive jurisdiction.
§ 10 Evaluations, social features and interactions