Agreement for Accommodation Landlords

This agreement is concluded between BGGI GmbH, Rostocker Straße 43, 53117 Bonn, register court Amtsgericht Bonn, HRB 26753 (“BGGI”), operator of the platform “Love Your Life”, a brand of BGGI GmbH, and the landlord who accepts it digitally via the platform (“Landlord”). The term “Landlord” applies to all genders.

Within the meaning of this agreement, “Platform” is the platform “Love Your Life” with its portals and applications, including the office system in which BGGI manages the landlords and their orders; “Guests” are patients and their accompanying persons for whom accommodation is booked; “Booking” is the individual accommodation for which BGGI places an order with the Landlord in the office system and which the Landlord has accepted there.

The subject matter of this agreement is making accommodation available for Guests booked via the Platform.

This agreement is a framework agreement; the individual accommodation arises with the Booking via the Platform. The Landlord provides the accommodation to the Guests in its own name and on its own responsibility. BGGI organises and confirms the Booking, accompanies the stay organisationally and processes payment via the Platform.

The Landlord makes the booked accommodation available to the Guests for the booked period in the condition in which the Landlord has described it to BGGI and is available for questions about the accommodation during the stay.

BGGI provides the Landlord with services of organisation and support: making the Platform available, presenting the accommodation to Guests, organising and coordinating the Bookings, communication and processing payments. BGGI does not provide any accommodation service and does not owe any particular number of Bookings.

The Landlord acts on a self-employed basis; no employment relationship arises. The Landlord provides the accommodation on its own responsibility and is responsible for the permits and registrations required for this.

The Landlord does not provide medical treatment, nursing care or medical support.

Access requires that BGGI has admitted the Landlord to the office system and activated it. The Landlord notifies BGGI of its accommodation in text form with a truthful description, with images showing the actual condition, and with its price offer.

BGGI states prices, surcharges and additional costs to the Guests before booking. A deposit and additional costs are only charged insofar as the Landlord has notified BGGI of them beforehand and they were stated to the Guests before booking.

Price changes only take effect for Bookings made after the change. Confirmed Bookings remain in place at the confirmed price.

Images of the accommodation show its current, actual condition. They do not show any Guests or any other recognisable persons who have not consented to the publication.

BGGI may review images and descriptions before publication and reject or remove from the presentation those that do not correspond to the actual condition, infringe the rights of third parties or violate this agreement. Embedded metadata such as the location of the shot and device data are removed before publication.

The Landlord assures that it holds the necessary rights to the images and descriptions provided. For the duration of this agreement, it grants BGGI a simple, free-of-charge, geographically unrestricted right to reproduce them for the presentation of the accommodation on the Platform and in the applications of Love Your Life to patients and accompanying persons, to make them publicly available and to edit them to the extent technically necessary, in particular to crop and reduce them in size and to remove metadata.

The Landlord indemnifies BGGI against claims of third parties based on the fact that images or descriptions provided by the Landlord infringe the rights of third parties, insofar as the Landlord is responsible for the infringement.

Upon the end of this agreement, the right of use ends and BGGI removes the images from the presentation. Insofar as images or descriptions form part of a confirmed Booking, BGGI may keep them as evidence for as long as this is necessary for processing the Booking or for statutory obligations.

BGGI may also publish images and videos that the Landlord has provided and BGGI has approved on Love Your Life's own social media channels, in order to present the platform and the accommodation. For this purpose, BGGI may edit them, in particular crop, shorten and subtitle them and translate texts and subtitles, without distorting their message; for this purpose, the Landlord grants BGGI, for the term of this Agreement, a simple, free-of-charge, territorially unrestricted right of use. By providing them, the Landlord confirms that recognisably depicted persons have also consented to this publication, and provides evidence of the consents on request. BGGI publishes images and videos showing a patient only if that patient's express written consent to this publication has been given. After the end of this Agreement, BGGI no longer publishes any new posts and removes posts already published at the Landlord's request.

Insofar as the platform maintains a public profile for the other party to this agreement ("Contracting Party"), BGGI shows the Contracting Party's profile information there and in the public lists of the platform without login — the description and, for agencies, also the working method and contact person — together with released images. Telephone numbers, e-mail addresses, postal addresses, websites and links to social networks do not appear there unless a separate agreement provides otherwise. The Contracting Party may object to the public display at any time via the switch in its area; the profile then no longer appears in the public lists.

For this profile, BGGI may take over texts and images from the publicly accessible website that the Contracting Party has deposited with or stated to BGGI; the retrieval takes place once, at the instigation of the owner of BGGI. BGGI may edit the profile content, in particular correct its language, shorten and structure it and remove contact details, and translate it into the languages of the platform; artificial intelligence may be used for this. BGGI does not add any new facts. Content that has been taken over, edited or translated is published only once the owner of BGGI has released it; images are first checked for malware and released individually.

The Contracting Party confirms that it also holds the necessary rights to the texts and images of its website and that persons depicted have consented to their publication, and grants BGGI, for the term of this agreement, a simple, free-of-charge and territorially unrestricted right to reproduce, edit and translate this content for the public profile and to make it publicly accessible on the platform. If it lacks a right to any content, it informs BGGI of this via the platform; BGGI then does not take over the content or removes it. The Contracting Party may at any time demand that content be changed or removed. If this agreement ends, BGGI removes the content taken over without undue delay, at the latest within 14 days. Neither party pays the other any remuneration for taking over, editing, translating or publishing content.

For each Booking, BGGI places an order with the Landlord in the office system, stating the period of accommodation. The Landlord accepts or declines it there, within the period stated in the order; it notifies BGGI of changes in its availability without undue delay. If the Landlord does not accept an order, BGGI may pass it on to another landlord.

A confirmed Booking is binding. Changes to the trip, in particular postponements of treatment appointments, are communicated via the Platform and, where possible, implemented by mutual agreement.

On arrival, the accommodation is clean, safe and in the condition in which it was described on the Platform. Equipment, size, location and accessibility correspond to the information given.

The statutory requirements for safety and hygiene — in particular fire protection, functioning smoke detectors, safe electrics and flawless sanitary facilities — are complied with. Promised features such as low-barrier access or a lift are actually present.

The Landlord respects the privacy of the Guests; no image or sound recordings take place in the accommodation.

If the patient cancels a Booking, BGGI notifies the Landlord without undue delay; the cancellation conditions and periods agreed in text form between the Landlord and BGGI apply to the consequences of the cancellation.

If the Landlord cannot fulfil a confirmed Booking, it notifies this without undue delay via the Platform and cooperates in finding equivalent substitute accommodation. If the Landlord is responsible for the failure, it bears the reasonable additional costs of equivalent substitute accommodation for the booked period. If it is not responsible, its claim to the price for the nights not provided lapses; amounts already paid are offset or refunded. More extensive statutory claims remain unaffected.

The Landlord notifies BGGI in text form without undue delay of changes to its information, in particular the description, availability, prices and bank details, and complies with the rules applicable to letting at the location of the accommodation.

Invoicing takes place exclusively via the Platform. The Landlord does not accept money directly from patients or accompanying persons and does not agree any payments with them. The Landlord cannot make a claim via the Platform outside a Booking (“Direct Payment on Site”).

BGGI asks the Landlord to continue to look after Guests who have come to it via Love Your Life via the Platform. This protects both sides: the matter remains fully documented, and the arrangements on services and costs remain binding. For the Landlord, this means: Bookings and arrangements with these Guests run via the Platform; contact details are only used for the respective accommodation. This applies during the term of this agreement and for twelve months after the last stay booked via the Platform. The agreed costs for services rendered remain owed even if the support is continued outside the Platform.

BGGI transmits the information required for a Booking to the Landlord in good time, informs the Landlord without undue delay of cancellations and changes to a confirmed Booking and is available via the Platform for queries about Bookings.

The contractual partner within the meaning of this section is the other party to this contract. The contractual partner is obliged, for the entire term of this contract, to maintain professional liability insurance that covers personal injury, property damage and financial loss arising from its activity under this contract in an amount sufficient for the type and scope of this activity, including towards patients resident abroad. Business liability insurance that covers this damage also counts as professional liability insurance within the meaning of this section. Further insurance obligations under this contract or under the law remain unaffected.

The contractual partner deposits in its area of the platform proof of the insurance stating the insurer and the date until which the cover exists (expiry date), and keeps it up to date. If the insurance cover ends, is suspended or is reduced, it notifies BGGI of this without undue delay via the platform.

Missing, expired or not yet reviewed proof does not lead to a block of access, to the refusal or withdrawal of approval or to the contractual partner receiving no requests, cases, orders or assignments. The same applies if the insurance cover ends, is suspended or is reduced. The obligation under paragraph 1 remains unaffected.

If the contractual partner does not maintain insurance under paragraph 1 or if its scope is insufficient, it is liable alone and itself for damage arising from its activity; it bears the risk of missing or insufficient insurance cover. BGGI is not an insurer, does not provide insurance cover and is not liable for the absence or inadequacy of the contractual partner's insurance. Whether or not BGGI has reviewed proof does not change this.

If a patient or another third party makes a claim against BGGI for damage arising from the activity of the contractual partner that would have been covered by insurance under paragraph 1, the contractual partner indemnifies BGGI against this claim and against the reasonable costs of legal defence, insofar as BGGI is not responsible for the damage. BGGI informs the contractual partner without undue delay of the claim and does not acknowledge the claim without its consent. Statutory claims of patients and other injured parties against BGGI or against the contractual partner remain unaffected; this paragraph governs solely the relationship between BGGI and the contractual partner.

If the contractual partner has not deposited valid proof, the platform reminds it of this once three months and once one year after the approval of its access. No further reminders regarding the proof are sent, not even if the contractual partner closes a reminder without depositing proof.

For each accommodation provided, the Landlord receives the price that it offered to BGGI for the Booking and that BGGI confirmed to it with the order. This price is the consideration for making the accommodation available; no remuneration arises for the approval, the presentation of the accommodation or the confirmation of a Booking alone.

BGGI forms the total amount vis-à-vis the Guests in accordance with the General Terms and Conditions from the Landlord's price and the surcharges named there. The Landlord's price remains unaffected.

BGGI invoices an accommodation provided after the end of the stay without culpable delay; the remuneration falls due upon invoicing. Payment is made cashless to the account that the Landlord has provided to BGGI for the payout; each payout is approved according to the four-eyes principle.

The Landlord is personally responsible for the taxation of its income and for the levies applicable at the location of the accommodation.

The agreement begins with the digital acceptance and runs for an indefinite period. Either party may terminate it in text form with a notice period of one month to the end of a month; the right to terminate for good cause remains unaffected.

Confirmed Bookings are duly fulfilled. Upon the end of the agreement, the accesses are blocked.

The Landlord's account is only closed with a reason being given; the reason, time and acting person are recorded. If the account is closed due to abuse, deception or breach of contract, the stored e-mail address remains blocked for a new registration; in other cases it is released. Invoices, evidence and logs are retained in accordance with the statutory periods.

In addition to the other terms of this contract, BGGI may terminate the contract for good cause without observing a notice period. The contractual partner within the meaning of this section is the other party to this contract. Good cause exists in particular if (a) the contractual partner submits false or forged documents or provides false information; (b) the contractual partner acts in serious breach of its duties towards patients or towards BGGI; (c) a document required for its activity, in particular the trade registration, the extract from the commercial register or an official licence, is missing or has expired; (d) insolvency proceedings are opened in respect of the assets of the contractual partner or the opening is refused for lack of assets, the contractual partner is deleted from the register or a licence required for its activity ceases to apply.

If a document under paragraph 1 letter c is missing or has expired, BGGI may, at its own discretion, set a grace period of 14 days within which the contractual partner submits the document; there is no obligation to set a grace period. If the contractual partner submits the document within the grace period, termination on this ground is excluded. In the cases of paragraph 1 letters a, b and d, BGGI may terminate immediately and without prior warning.

While BGGI examines whether good cause exists, BGGI may block the access of the contractual partner and its staff to the platform in whole or in part. BGGI notifies the block and its reason in text form and gives the contractual partner the opportunity to comment. If good cause is not confirmed, BGGI lifts the block without undue delay.

If BGGI terminates for good cause or if access is blocked under paragraph 3, BGGI may transfer the support of the patients, the facilities and the ongoing cases that the contractual partner supports to another suitable body selected by BGGI. The contractual partner cooperates in the transfer and hands over the documents and information required for this exclusively via the platform. A treatment passes to another doctor or another facility only with the consent of the patient; the rights of patients to object to a change remain unaffected.

BGGI informs the patients concerned of the transfer and names the body that will support them in future. BGGI does not inform them of the reason for the termination or the block.

Services that the contractual partner has rendered in accordance with the contract up to the termination or up to the block are remunerated in accordance with the rules of this contract. Remuneration and shares for services rendered after the transfer are due to the body to which the support was transferred.

If there is a suspicion based on facts that the contractual partner has harmed BGGI or patients through deception, or if BGGI has suffered damage through a breach of duty by the contractual partner, BGGI may withhold payouts due until the matter is clarified and set them off against its own claims for damages or repayment. Statutory prohibitions of set-off remain unaffected. No contractual penalty is agreed.

Further clauses of this contract on violations, blocks and terminations as well as the right of both parties to terminate for good cause under § 314 BGB remain unaffected.

The accommodation — in particular the condition, safety, hygiene, equipment and availability of the accommodation as well as the accuracy of the description, images and price quotations — is owed by and is the sole responsibility of the Landlord. The Landlord is liable for this in accordance with the statutory rules, also for its employees and agents.

BGGI owes the Landlord exclusively the services of organisation and support under § 3 paragraph 2. BGGI does not vouch for the condition, safety or availability of the accommodation. Checks by BGGI, for example of images and descriptions, do not relieve the Landlord of any of its own obligations.

The Landlord indemnifies BGGI against claims of third parties — in particular of Guests, neighbours and authorities — based on a breach of duty in connection with the accommodation for which the Landlord is responsible, including the reasonable costs of legal defence. BGGI informs the Landlord without undue delay of any claims asserted, does not acknowledge them without consultation and gives the Landlord the opportunity to comment. If BGGI contributed to causing the damage, the indemnification is reduced in accordance with BGGI's share of causation. § 6 paragraph 4 remains unaffected.

The Landlord maintains liability insurance covering damage to Guests arising from the letting of the accommodation in an appropriate amount and provides proof of it on request.

BGGI is liable for its own services without limitation in the event of intent and gross negligence, injury to life, body or health, under the Product Liability Act (Produkthaftungsgesetz) and to the extent of an expressly given guarantee. In the event of simple negligence, BGGI is only liable for the breach of essential contractual obligations — obligations whose fulfilment makes the proper performance of this agreement possible in the first place and on whose observance the Landlord may regularly rely — limited to the foreseeable damage typical of the contract. Otherwise, BGGI's liability is excluded. These limitations also apply to the personal liability of its governing bodies, employees and vicarious agents.

This section governs the relationship between BGGI and the Landlord. Mandatory statutory liability and rights to which Guests are entitled under mandatory law remain unaffected.

The Landlord only receives the data required for the accommodation: name, number of persons, period and the information necessary for arrival. Health data are neither transmitted nor requested.

The Landlord processes these data as an independent controller only for the respective accommodation and for its statutory registration and record-keeping obligations, does not use them for its own advertising and deletes them after expiry of the statutory retention periods. It reports to BGGI without undue delay any suspicion of a personal data breach concerning data from the Platform.

BGGI processes the Landlord's data — in particular profile, accommodation, images, Bookings, statements and bank details — for the performance of this agreement. Details are set out in the Privacy Policy.

The Landlord maintains confidentiality about everything that becomes known to it about the Guests, in particular about the fact that they are staying for treatment.

BGGI treats non-public information about the Landlord confidentially, in particular its conditions.

The obligations under this section continue to apply after the end of the agreement.

BGGI may amend the text of this agreement, in particular to adapt it to a change in the legal situation or case law, to changed services and processes of the Platform or to changed technical or economic conditions. The amended version is displayed to the Landlord on the Platform before it applies. The amended passages are displayed; the unchanged parts continue to apply unchanged.

Consent is given electronically on the platform. The time of consent and a checksum of the version consented to are recorded. Each version remains readable in the account file and can be retrieved there at any time; consent can thus be proven.

In addition, an e-mail about an amendment is sent to the address stored in the account. Irrespective of this, the amendment appears at the next login. The decision can be postponed; the notice then appears again.

Silence does not constitute consent. Without express consent, the amended version does not enter into force vis-à-vis the Landlord; until then, the version last consented to continues to apply.

If consent is not given, BGGI reminds the Landlord of it. If an amendment is urgent or legally mandatory, attention is additionally drawn clearly to it and to the consequences of not consenting. The reminders are sent within 30 days of the first display of the amended version. An amendment is urgent if, without it, the secure operation of the Platform, the protection of data or the fulfilment of contractual obligations would be jeopardised; it is legally mandatory if a legal rule, an official or court decision or a binding requirement of a payment service, an app store or a supervisory body requires it and BGGI has no discretion of its own in this respect. The notice states the reason, the passage concerned and the consequence of not consenting. Even an urgent or legally mandatory amendment does not become effective without consent.

If the Landlord does not consent to an amendment, BGGI may terminate this agreement. The termination is announced in advance with reasons; it is possible at the earliest after the expiry of 30 days from the first display of the amended version.

Bookings already confirmed are duly completed in accordance with the version last consented to. Claims to remuneration for services already rendered remain unaffected; the right to terminate for good cause likewise remains unaffected.

A new signature is only required where the law prescribes a particular form for a declaration; it is then obtained separately. Determinations that this agreement expressly assigns to BGGI are not amendments to the agreement; the conditions stated there apply to them.

The Landlord accepts this agreement by digital signature on the Platform. BGGI stores the name, time, version and checksum of the signed wording.

Amendments and additions to this agreement require text form; this also applies to any amendment of this form requirement. The electronic consent via the Platform under § 16 satisfies the text form requirement. Individual agreements between the parties take precedence over this agreement.

This agreement is governed by the law of the Federal Republic of Germany. Mandatory rules of the state in which the accommodation is located, in particular on letting, the registration of guests and local levies, remain unaffected.

If the Landlord 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 this agreement is the registered office of BGGI in Bonn. Otherwise, the statutory places of jurisdiction apply.

Should any clause of this agreement be or become invalid or unenforceable in whole or in part, the validity of the remaining clauses shall remain unaffected. The invalid or unenforceable clause shall be replaced by the statutory rule.

This document is available in 24 languages. Only the German version is binding; the other language versions serve comprehension purposes.

In the event of discrepancies between the German version and a translation, only the German wording applies. Each translation contains this notice in its own language.