Procurement conditions for guests

1.    Field of Application
For all claims regarding the contract between Qubeat GmbH – Qubeat in the following – and the guest, exclusively the following terms of contract are effective for the full duration of contract and for all accommodations that are procured by Qubeat.

2.    Qubeat is Procurer
Qubeat is exclusively acting as a procurer between the guest and the according landlord and operates on behalf and for account of the according landlord. The relinquishment of the accommodation does not belong to the contractual obligations of Qubeat. In case of a successful procurement a hiring contract will be accomplished exclusively between the guest and the according landlord.

3.    Conclusion of a Procurement Contract with Qubeat
With filling out the information fields and completing the booking process the guest obligingly offers Qubeat the conclusion of an accommodation procurement contract. The offer can be submitted in written from, verbally, by telephone or via electronic media (Internet).

By submitting an offer via electronic media (Internet) the guest makes Qubeat a binding offer on conclusion of a business management contract by sending the booking request. The guest further takes the responsibility for all parties presented in the contract, as well as for his/her own obligations.

Qubeat reserves the acceptance of the offer. If Qubeat confirms the guest the booking in written word, by telephone, via E-mail (or electronic post) or in other way, this Accommodation Procurement Contract will be concluded between the guest and Qubeat.

4.    Hiring Contract after Successfull Procurement
If an accommodation is successfully procured, Qubeat concludes a contract between guest and landlord on behalf of the guest and the landlord.

The guest signs up to immediately report possible modifications concerning the hiring contract to Qubeat, in case that these modifications are of importance for the administration of Qubeat.

5.    Booking Confirmation after Successful Procurement
Qubeat reports the guest about the successful procurement of the accommodation by sending a booking confirmation via e-mail to the guest. Especially for short-term modification this report may, for once, take also place via telephone.

Furthermore, the booking will be deposited in the guest’s account and the booking period for the accomodation will be marked as reserved.

6.    Verification of the Landlord's Identity
Qubeat has no possibilities to test the data of the landlord for correctness. Thus, it will be up to the guest’s absolute sole discretion, to test the landlord for his/her identity.

7.    Verification of Booking Data 
The guest signs up to test the delivered booking confirmation for its correctness immediately and point out possible inaccuracies and deviations to Qubeat. An indication for incorrectness that takes place after expiration of a time limit of 24 hours after delivery of the booking confirmation, cannot be taken into consideration anymore. Belated notified indication and deviations do particularly not entitle for contract cancellation.

8.    Consultation of landlord 
The guest signs up to get in contact with the landlord within 24 hours after delivery of the booking confirmation and to confirm his/her booking towards the Landlord in person.

9.    Booking Administration
Within its business operations, Qubeat undertakes the administration of the bookings and the support of those clients that have booked their object through Qubeat.

The guest agrees with the principles for the booking administration, according to which Qubeat carries out modifications and cancellations.  

Qubeat will notify the guest via e-mail about cancellations or modifications of a booking. Particularly for short-term events, this notification may take place by telephone, for once.

10.    Contract Arrangement with Landlord   
The landlord charges the total booking price to the guest and collects the amount from the guest. The landlord or his/her key holder hand over the object at the stipulated time in the serviceable condition that has been agreed on by contract.

11.    Sanctions
Qubeat is authorised to block the acces to the guest’s account, or to temporarily intermit the presentation of an object, if the guest violates the conditions of the contract or the terms of use, or if Qubeat is threatened with detriments by the behaviour of the guest. Thereby, Qubeat will take the interests of the guest into consideration in an appropriate way.

12.    Liability
In principle, Qubeat is exclusively acting as a procurer between the guests and the landlords and operates on behalf of and on account for the landlord. In these cases, Qubeat is not liable for the services to be performed by the particular landlord for the guest.

Qubeat, as an Accommodation Procurer, is – for particular details about the accommodations – dependent on the information that have been given by the particular landlords. Qubeat does not possess any possibilities to examine the correctness of this information. Thus, Qubeat does not give any guarantees or assurances about the correctness, completeness and the up-to-dateness of the information. The same applies to other information that are included on this website and provided by third.

Qubeat is liable principally only for damages, that occurred to the guests as a result of a breach of duty Qubeat caused deliberately or grossly negligently. A liability for slight negligence is excluded.

For damages, that occur to the guest during the leasing of an accommodation, Qubeat is not liable as a procure. The liability of Qubeat in case of slight negligences is confined to the value of the booking, however in any case to predictable and typical damages. A legitimate liability regardless of blame by Qubeat remains thereof unaffected. Qubeat is not liable for slight negligence of servants.

13.   Final Provisions

The invalidity or ineffectiveness of individual clauses does not affect the validation of remaining stipulations. The parties will replace insufficient clauses by efficient ones, that economically and legally come as close as possible to these.  

The guest may only bring action against Qubeat in Berlin. For claims of the procurer against the guest his/her place of residence is authoritative, unless the action is directed against general merchants or persons that do not have a place of general jurisdiction inland or persons that have dislocated their place of residence or their general habitation abroad or whose place of residence or general habitation was not known by the time of commencement of action. In these cases Berlin is regarded as agreed upon.