Terms and Conditions for Hosts

1. Scope

These terms govern the use of Banaki by hosts who offer accommodation through the platform. Banaki is operated by Kogge Digitalagentur, owner Morris Mehnert, Memellandstraße 2, 24537 Neumünster (contact details in the Imprint). Hosts on Banaki are, without exception, traders within the meaning of Article 246d EGBGB.

2. Banaki's role

Banaki acts as an intermediary between you as host and guests. The accommodation contract is formed exclusively between you and the guest. Banaki does not become a party to the accommodation contract and owes the guest no travel service of its own.

3. Intermediation fee

You pay a fee to Banaki for the intermediation service. The amount depends on the type of your accommodation and is set individually in your partner agreement. These terms do not name a fixed rate, because it varies by type of accommodation.

4. Payment processing

Guests pay the booking price through Stripe. Banaki receives this payment on behalf of and for your account (collection authority). Payment by the guest to Banaki discharges the guest towards you. Payout to you is made via Stripe Connect Express, after deduction of the intermediation fee.

5. Your obligations as a host

You keep the details of your accommodation, availability and prices up to date. You set your own cancellation terms and must present them so that the guest sees them before booking. You alone are responsible for providing the accommodation service.

6. Ranking of search results (Article 5 P2B Regulation)

Banaki ranks search results according to the following criteria, in this order: first, accommodation with instant booking; then, the number of reviews in descending order; then, the date the listing was created. There is no paid placement. This order may change as Banaki develops its search function; a changed order will be documented at this point.

7. Reviews

Guests can only review an accommodation after they have actually booked it there. Banaki verifies this technically against the booking. Banaki removes an individual review only in the event of a breach of the review policy, not merely because a host requests it.

8. Restriction, suspension and termination (Article 4 P2B Regulation)

Banaki may restrict or suspend your listing if you breach these terms, for example through false information or repeated, well-founded guest complaints. You will receive a statement of reasons for this. If Banaki terminates the cooperation in full, a notice period of 30 days applies, unless a breach justifies immediate termination.

9. Access to your data (Article 9 P2B Regulation)

You have access to the data generated in connection with your listings and bookings on Banaki, in particular booking figures and reviews, via your host dashboard.

10. Equal treatment (Article 7 P2B Regulation)

Banaki treats comparable accommodation according to the same criteria, in particular for ranking under section 6. Differentiation does not occur without an objective reason.

11. Changes to these terms (Article 3 P2B Regulation)

Banaki notifies you of changes to these terms that affect you as a host at least 15 days before they take effect. This period may be waived for urgent legal reasons.

12. Reporting and moderation of content (Articles 14, 16, 17 DSA)

Banaki removes or restricts listings and other content if they breach these terms or applicable law. Reports on this run through the procedure described under "Report content". Decisions on removal or restriction are communicated to you with a statement of reasons.

13. Tax information (DAC7 / PStTG)

Banaki is a reporting platform operator under the Platform Tax Transparency Act (Plattformen-Steuertransparenzgesetz). Banaki therefore collects from you your name, address, tax number or tax identification number, VAT ID, where applicable your commercial register number, date of birth for natural persons, and, for each listing, the address and the number of rental days. This information is reported once a year to the Federal Central Tax Office. If required information is missing, Banaki may withhold payouts until it is provided in full.

14. Liability

Banaki is liable under statutory provisions for intent and gross negligence, as well as for breaches of material contractual obligations. You alone are liable to the guest for the provision of the accommodation service.

15. Final provisions

German law applies. The place of jurisdiction is Neumünster.