Terms and Conditions for Hosts

1. Scope and your assurance that you act as a trader

Banaki (banaki.app) is operated by Kogge Digitalagentur, owner Morris Mehnert (sole proprietorship), Memellandstraße 2, 24537 Neumünster, Germany, email moin@kogge.digital, VAT ID DE305783265. Further details are in the Imprint.

These terms apply when you offer accommodation or a pitch on Banaki as a host. Hosts on Banaki are, without exception, traders (Section 14 German Civil Code, BGB). By accepting these terms, you assure that you act commercially, for example as a campsite operator. The platform is not aimed at consumers as providers.

If you give false information on this, Banaki may restrict or terminate your account under section 15. You are liable for damage that Banaki suffers as a result, for example because guests were wrongly informed about their consumer rights (Section 280 BGB).

Any conflicting terms of yours do not apply. The contract language is German. You can access and save these terms on banaki.app before registering and at any time afterwards (Art. 3(1) P2B Regulation (EU) 2019/1150).

2. Banaki's role

Banaki acts as an intermediary between you and guests. The accommodation contract is concluded exclusively between you and the guest. Banaki does not become a party to it. Banaki is not a tour operator and owes the guest no travel service.

You alone are responsible for the service on site, for the accuracy of your listing and for compliance with the laws that apply to your business.

Banaki additionally provides these services for you: the platform, calculating and triggering refunds under section 9, triggering the payout from your Stripe account to your bank account under section 8 and, for trips booked well in advance, the later charge to the guest's payment method under section 8. Banaki does not receive any payments for you. The guest pays directly into your Stripe account.

3. Account and information

You create a host account and verify your email address and phone number. For payments, you go through Stripe's onboarding. It runs embedded on Banaki, and the input forms come from Stripe. Banaki pre-fills it with information from your account and your listing: name, email address, phone number, address, company name, website, description of your offer and an industry category. You check and correct the information at Stripe. Stripe checks your identity and your bank account in the process, on its own responsibility. Your contract with Stripe is a separate contract. Stripe's terms apply to it.

Banaki asks you for information: name or company with legal form, for companies the authorised representative, address, contact details, commercial register number (where applicable), identity or register details via Stripe, and your bank account. In addition there is your assurance under section 1 that you act commercially. Banaki collects this information to identify hosts and prevent misuse (compare Art. 30 Digital Services Act, DSA). The tax details from section 18 are also required. Your information must be true, complete and up to date. You update any changes without delay.

Banaki may verify individual details and request proof.

4. Listings

You create listings yourself. Banaki may review and approve listings before publication. This is an offer, not an entitlement. A listing is published only once all mandatory information is complete, including your tax details. If Banaki rejects a listing, Banaki tells you the reason by email.

Your information must be correct: description, photos, amenities, location, price, additional costs and rules. When you show prices, you state final prices including value added tax. Incorrect prices bind you towards the guest once the guest has booked.

You grant Banaki the non-exclusive right to use the content of your listing (texts, images, data) to operate and promote the platform. The right applies as long as your listing is online and ends afterwards, insofar as Banaki does not need it for existing bookings or statutory obligations. You assure that you have the necessary rights to the content. Your rights to the content remain with you. Banaki acquires only the non-exclusive right of use under this paragraph (Art. 3(1)(e) P2B Regulation).

Banaki shows your listing on banaki.app. It can also be found through search engines and through Banaki's own content, for example region pages and the GROUNDS magazine. Banaki does not integrate partner portals or affiliate programmes and does not pass your listing on to other distribution channels (Art. 3(1)(d) P2B Regulation). An exception is the connection to an external booking system that you set up yourself under section 5.

Banaki shows the details about you on every listing and in the booking confirmation: name or company with legal form, for companies the authorised representative, address, telephone number, email address, register entry and VAT ID, where available. Guests must know them before booking because you are their contracting party (Art. 246a Section 1(1) nos. 2 and 3 EGBGB, Section 5b(1) no. 2 UWG, Section 5 DDG). Listings without complete details cannot be published or booked. For sole traders, Banaki shows the address from your tax details. The form points this out to you. Banaki never shows your tax identification number, date of birth or place of birth.

You point guests in the listing to tourist tax and visitor contribution if your location levies them, and you state the amount. These levies do not belong in the booking price. You collect them on site. Banaki does not collect them and does not pass them on.

You fulfil the obligations that apply to you as a trader. These include the provider identification, price indications, registration and tax law, for example the registration form for foreign guests (Sections 29, 30 Federal Registration Act, BMG), and the notice under Section 36 VSBG about your own business. Banaki does not check this.

Taking over a directory entry. For places whose operator is not yet on Banaki, Banaki can show a directory entry (section 13 and the page "Ranking and Reviews"). Banaki created the description, accommodation type, facilities and the other details in it with AI from publicly available sources: the operator's website, OpenStreetMap and basic data. Banaki takes photos from the operator's website, with a credit on the photo, or uses photos from collections for which Banaki holds the rights of use. Banaki removes individual photos at your request. If it is your place, you can use the contact form to request that the entry be taken over or removed. For a takeover, Banaki checks whether you are the operator and sends you an invitation. When you accept the invitation, the directory entry ends and its details become the draft of your listing. The place appears in search again only once you publish the listing. Before that, you check all details that Banaki created with AI for accuracy and completeness and correct them. By publishing, you adopt them as your own. From then on you are responsible for them as for all content of your listing (paragraph 2 of this section and section 19). You are not liable for the entry before the takeover. You may use and change the texts that Banaki created on Banaki. If you request removal, Banaki blocks the entry and it no longer appears.

5. Calendar and availability

You keep your calendar up to date. You can import calendars from other systems via iCal. Banaki syncs imported iCal calendars at least once a day, not in real time. In the host area you can also start the sync yourself. Banaki therefore cannot rule out that bookings overlap. It is best to block periods that you let elsewhere immediately in the Banaki calendar as well.

You are responsible for overbookings. If you cannot fulfil a confirmed booking because of an overbooking, this counts as a cancellation by you under section 11. The guest then gets back the full amount without any deduction.

If Banaki has confirmed two bookings through the platform for the same unit and the same period without you having caused this, Banaki bears the consequences under section 19. In this case Banaki takes no measures under section 11.

If your listing is connected to an external booking system, Banaki transfers availability and booking there. You remain responsible for the data in your system being correct.

6. Bookings and formation of the contract

All listings can be booked instantly as soon as they meet the requirements, such as complete details under section 3 and a set-up Stripe account. The booking is confirmed immediately, and the contract exists with the booking. You do not have to accept any booking and cannot reject any.

If a listing does not meet the requirements, it is only displayed. It carries the note "without online booking", guests cannot book it, and no contract comes into being through it. In search it appears behind the listings that can be booked online (section 13).

The guest pays when submitting the booking. For trips booked well in advance, the guest stores a payment method at that point, and the charge follows later under section 8. From the moment a guest books, you are bound by the contract.

7. Commission

You pay Banaki a commission for every booking. Guests pay Banaki no service fee. The commission is a percentage of the booking amount. Which rate applies depends on the booked unit:

1. If Banaki has agreed a separate rate or a fixed amount per booking with you for the listing, that agreement applies.
2. Otherwise the rate of the accommodation type of the booked unit applies. Accommodation types are the pitch and the individual types of rental objects, for example tiny house.
3. If the accommodation type has no rate of its own, the standard rate of 9 % applies.

At present the standard rate of 9 % applies to all accommodation types. If Banaki sets a different rate for an accommodation type, Banaki adds a table with the rates per accommodation type to this section and announces this under section 20. You can also see the rate for each of your units in the host area, in the payout step of your listing. The rate that applies when the guest books is decisive. Banaki stores it with the booking.

The booking amount is the amount you actually keep from the booking. This is the price per night and additional costs, excluding tourist tax. If a booking is refunded to the guest, commission is due only on the part you keep after the refund. If you keep a flat amount from a cancellation, commission is due on that flat amount. In the case of a full refund, Banaki returns the entire commission, including for the payment fee you keep under section 9. Banaki shows the commission in an invoice. Whether value added tax applies to it is stated in the invoice.

Banaki may change the standard rate and the rates per accommodation type. Banaki informs you of every change by email at least 30 days in advance (section 20). During this time you can terminate the contractual relationship without notice. A new rate applies only to bookings made from the date it takes effect. Earlier bookings keep the previous rate (Art. 3(2) and Art. 8(a) P2B Regulation). Banaki changes a rate or amount agreed for your listing only with your consent.

8. Payment and payout

Guests pay through the Stripe Payment Element, a Stripe payment form that Banaki embeds in the payment page. Card (credit or debit card), Link, Apple Pay and Google Pay are offered. Which of these a guest sees depends on the guest's device, browser and settings. Banaki determines which payment methods Banaki offers. Banaki can change them. Your contract with Stripe applies to the fees. The payment goes directly into your Stripe account, and you are the merchant of this payment. The money is never held in an account of Banaki. If a guest pays into your Stripe account, you may not demand the amount from the guest again.

Banaki receives the commission under section 7 from Stripe as an application fee out of the payment. You bear Stripe's fees. Stripe deducts them from your Stripe account with every payment, including the fees for chargebacks, under the terms of your contract with Stripe. Banaki receives only the commission and no further remuneration from the payment. You agree that Banaki sets the payout schedule of your Stripe account and triggers payouts.

In case of risk, Stripe can delay payouts, build reserves on your Stripe account or block functions. Stripe decides this, not Banaki. If this delays your money, the payout is postponed accordingly.

When you get your money:

• The money stays in your Stripe account until Banaki triggers the payout to your bank account. This happens on the day after departure plus a holding period of at most 30 days, which Banaki sets. If departure is more than 80 days after the charge, Banaki triggers the payout on the 80th day after the charge, because Stripe allows manual payouts only within 90 days. As a rule, the money is in your bank account within 7 business days. The exact time depends on Stripe and on your bank.
• In the case of a cancellation where part of the amount is due to you, this part stays in your Stripe account and is paid out at the same time, based on the originally planned departure date.

For trips booked well in advance, Banaki postpones the charge. This applies if departure is more than 80 days away and your listing has a tier with free cancellation. At booking, the guest stores a payment method through Stripe in your Stripe account. Banaki triggers the charge as a payment to you on the earlier of two dates: 80 days before departure or 7 days before the end of the free cancellation period. After that, the stored payment method is removed. If a listing has no free cancellation or departure is at most 80 days away, Banaki charges immediately. Until the charge, the dates are blocked for other guests. If the charge fails, Banaki sends the guest a payment link and sets the guest a deadline of 7 days for payment, which ends within the free cancellation period. If the guest does not pay by then, Banaki cancels the booking automatically, the dates become available again, and you receive an email. In that case you have no claim to payment or compensation. If the guest or you cancel before the charge, nothing is charged and nothing is refunded. The payout after departure applies to these bookings without change.

Banaki may withhold payouts as long as important information is missing, in particular your tax details under section 18, or as long as there is a justified suspicion of fraud or misuse. If a proof procedure under section 10 or a chargeback is pending, Banaki may withhold only the disputed amount. Banaki tells you the reason by email and pays out withheld amounts as soon as the reason no longer applies.

Banaki or you can grant vouchers. Vouchers from Banaki reduce only Banaki's commission, at most up to its amount. You receive your full share, and Banaki does not transfer any money to you on top. Vouchers from you reduce the booking amount and thus your payout.

9. Cancellation policies and refunds to guests

For each listing you choose exactly one of the following policies. There are no custom deadlines or percentages. Banaki shows the policy to the guest before booking. The policy is part of your accommodation contract with the guest. Banaki provides it, and you are its user towards the guest.

The refund relates to the price per night. "From X days" means: the guest cancels at least X calendar days before the arrival date. German time applies.

• Flexible. Up to 1 day before arrival 100 %.
• Moderate. From 7 days 100 %, from 1 day 50 %.
• Firm. From 30 days 100 %, from 7 days 50 %, after that 0 %.
• Strict. From 60 days 100 %, from 30 days 50 %, after that 0 %.

From the arrival date, the rule for unused nights applies. The arrival night and every night that has begun count as used. For the remaining nights the guest receives 100 % under Flexible, 50 % under Moderate, and 0 % under Firm and Strict. The guest can no longer cancel the last night. If a guest does not arrive, the rule for the arrival date applies, provided the guest cancels before the departure date. After that, Banaki refunds nothing through the platform. The guest can still furnish the proof under section 10.

Additional costs such as final cleaning or pets are refunded at 100 % up to the day before arrival, and not from the arrival date.

The part of the price that the guest does not get back is a lump-sum compensation for you. Banaki keeps none of it, apart from the commission under section 7.

Banaki calculates the refund under these rules and triggers it through Stripe from your Stripe account, as a rule within 1 to 2 days. The money for it is there, because the payout takes place only after departure. Depending on the bank, it can take up to 10 business days until the guest is credited. You do not have to settle anything. Banaki returns the proportionate commission for the refunded part.

If the guest cancels in a tier with a full refund, Banaki deducts a payment fee from the guest's refund (Guest Terms section 11). The fee stays with you. It covers the Stripe fee that Stripe does not return to you for the payment. In this case Banaki refunds the commission in full. If you cancel, section 11 applies: the guest gets everything back without any deduction.

With each booking, Banaki stores the policy in the version the guest saw at booking. If you switch policies, the switch applies only to later bookings. If Banaki changes the definition of a policy, Banaki informs you at least 30 days in advance. The change applies only to bookings made afterwards (Art. 3(2) and Art. 8 P2B Regulation).

If a court, an authority or an association objects to a policy, you inform Banaki without delay. Banaki then changes the policy. For affected bookings, Banaki triggers the refund under the statutory rules. Banaki is liable for errors in the wording and calculation of the policies under section 19.

10. Proof of lower damage

The guest may prove that you suffered no damage or substantially lower damage (Section 309 no. 5(b) BGB). You must credit saved expenses and income from re-letting the pitch (Section 537(1) sentence 2 BGB).

This is how the procedure works:

1. The guest writes informally to Banaki support and gives reasons for the request. The guest should do this within 30 days after the planned departure date. This is not a cut-off period.
2. Banaki forwards the request to you by email. You respond within 7 days. You state whether you have re-let the pitch, what you earned from it and which expenses you saved. Your information must be true.
3. Banaki decides on the basis of both sides' statements and tells you the decision with reasons. This happens within 14 days after your response or after the 7 days have passed. If you do not respond, Banaki decides based on the guest's information, insofar as it is plausible.
4. If Banaki refunds a difference to the guest, you bear it. Banaki triggers the refund from your Stripe account. If your money from the booking has already been paid out, section 12 applies.

Banaki's decision binds neither you nor the guest nor a court.

11. Cancellation by you

If you cancel a confirmed booking before the guest's arrival, the guest receives back the entire amount paid without any deduction, including all additional costs. This also applies in the case of an overbooking (section 5). If you cancel during the stay, the guest receives back the price of the unused nights without any deduction, but not the additional costs. Section 9 explains which nights count as used. The refunded amount comes from your Stripe account and reduces your money from the booking. You bear the Stripe fee that Stripe does not return to you for the payment. Banaki returns the entire commission for the refunded amount. Banaki charges no financial penalty for a cancellation by you.

Further claims of the guest against you, for example for compensation of additional costs, remain unaffected.

Banaki reserves the right to take measures if you cancel. This does not apply if you cancelled for good cause, for example because of force majeure, an official closure or a danger to guests. Depending on the case, Banaki can:

• give you a warning
• downgrade your listing in the ranking
• suspend your account in case of repetition

Banaki tells you the reasons for each measure by email (section 15).

12. Negative balance, reclaiming and calculation errors

Banaki does not offset anything against your money, because Banaki holds no money of yours. If a payment is refunded after the money has already been paid out to you, a negative balance arises in your Stripe account. This also applies to a refund under section 10, to a chargeback by the guest, to an erroneous booking and to a calculation error. Stripe settles the negative balance with later payments to your account and can debit the bank account you stored with Stripe. Stripe is liable for negative balances, not Banaki. Banaki therefore has no recourse against you. What Stripe demands from you under its terms is governed by your contract with Stripe.

You respond to chargebacks yourself in Stripe's Express Dashboard. Banaki shows you the way there in your host area.

If Banaki has made a calculation error, Banaki may correct the amount. An amount that was too low can be refunded to the guest afterwards. An amount that was too high and that Banaki triggered for you, Banaki may reclaim from you. The same applies if you gave false information, for example a wrong price. Review your statements and report errors quickly to moin@kogge.digital.

13. Ranking of search results (Art. 5 P2B Regulation)

Banaki sorts search results by these criteria, in this order:

1. Listings that can be booked online come before listings without online booking. After them, directory entries under section 4 follow as the third tier. These are places without an operator on Banaki, whose entry Banaki created with AI from publicly available information. Your published listing always comes before all directory entries. Unpublished listings, such as drafts, do not appear in search.
2. Within a tier, a search by place first goes by the distance band and a search by region first by the editorial recommendation for the region.
3. Next a rank score decides, made up of the completeness of the listing, the reviews (a smoothed average, a few reviews count for less) and the editorial recommendation.
4. With an equal rank score, newer listings come before older ones. If a guest enters a search term, match accuracy also counts.

There are also paid ads. If you have a marketing package under section 23, your listing also appears as an ad with the word "Ad". This applies only to listings that can be booked online and match the guest's search. A package changes neither the tier nor the rank score of your listing, and so not your place among the other results. There is no other paid placement. The amount of your commission does not affect the ranking (Art. 5(3) P2B Regulation). As a possible further factor, Banaki can downgrade your listing under section 11. This does not happen automatically. If Banaki has downgraded your listing, it appears behind listings without this measure. If the order changes, Banaki informs you under section 20. An explanation for guests is on the page "Ranking and Reviews".

14. Reviews

Guests and hosts review each other after a completed stay. Only users with a booking completed through Banaki can leave a review.

Reviews must be truthful. Purchased or swapped reviews and reviews by you or your relatives are prohibited. You may not pressure guests into leaving good reviews. Banaki can hide reviews that violate the law or these terms. Banaki does not hide a review on request alone.

15. Restriction, suspension and termination (Art. 4 P2B Regulation)

Banaki can restrict, suspend, block or terminate your listing or your account if you violate these terms or the law. This is the case, for example, for false information, violations of the assurance under section 1, repeated cancellations under section 11, fraud or missing mandatory information.

• Restriction or suspension. Banaki sends you the statement of reasons by email, at the latest when the measure takes effect. It states the specific facts and grounds (Art. 4(5) P2B Regulation).
• Blocking for good cause. Banaki blocks your account immediately, for example in case of fraud or a statutory obligation. Banaki tells you the reasons by email, if possible at the same time, otherwise without delay afterwards (Art. 4(4) and (5) P2B Regulation).
• Ordinary termination by Banaki. Banaki sends you the statement of reasons by email at least 30 days before it takes effect (Art. 4(1) P2B Regulation). In case of good cause, a statutory obligation or repeated violations, the notice period does not apply, and the reasons follow without delay (Art. 4(4) P2B Regulation).

With a block, your listings go offline. Payouts to blocked hosts do not run. Banaki pays out amounts that are due as soon as the reason is resolved and may offset them against counterclaims. They do not lapse.

You can file a complaint against a measure under section 22. If Banaki reverses it, Banaki restores you without delay, including access to your data.

You can end the contractual relationship at any time by deleting your account. Deletion takes effect immediately. It is not possible as long as a booking for your listings is requested, confirmed, paid or scheduled for a later charge. You must fulfil these bookings or cancel them under section 11. These terms continue to apply to these bookings. What happens to your data after deletion is set out in the Privacy Policy in the section "Deletion and retention period". A running marketing package ends with the deletion (section 23). Before deleting, wait until all payouts for completed bookings have been transferred to you. A notice period applies to you only insofar as the law requires it. Banaki can terminate in the ordinary way with 30 days' notice. The right to terminate for good cause remains unaffected (Section 314 BGB).

16. Access to your data (Art. 9 P2B Regulation)

Through your host dashboard you have access to the data generated by your listings and bookings. These are your listings, bookings, payments and payouts, calendar, reviews and the messages with guests.

Banaki uses this data to operate the platform, process payments, prevent misuse, fulfil statutory obligations and improve the platform. Banaki passes data on to service providers where necessary, for example to Stripe, and to authorities insofar as the law requires it. Details are in the Privacy Policy.

You receive guest data only insofar as you need it to carry out the booking. You process it on your own responsibility and only for this purpose.

After deletion or blocking you can no longer log in. On request by email to moin@kogge.digital you receive your data as an export. Make the request within 30 days after the end of the contractual relationship. After that, Banaki deletes the data, insofar as retention obligations do not prevent this.

17. Equal treatment (Art. 7 P2B Regulation)

Banaki treats comparable listings by the same criteria, especially in the ranking under section 13. Different treatment has an objective reason. This also applies to different commission rates under section 7 and to different rates per accommodation type. A rate per accommodation type applies equally to all hosts and does not affect the ranking. Banaki does not favour its own offers. Banaki does not offer any accommodation of its own.

18. Tax information (DAC7, PStTG)

Banaki is a reporting platform operator under the Platform Tax Transparency Act (PStTG). Banaki therefore collects from you name, address, tax number or tax identification number, VAT ID, commercial register number (where applicable), for natural persons the date of birth, for each listing the address and the number of rental days, and the consideration from bookings. Banaki reports this information once a year to the Federal Central Tax Office (BZSt).

You must provide the information correctly and completely and keep it up to date. Without the tax information, Banaki does not publish your listing. Banaki may verify the information and request proof. If information is missing, Banaki can also withhold payouts. Additional statutory consequences remain unaffected.

You bear all other taxes arising from your business yourself. This also applies to value added tax, tourist tax and visitor contribution.

19. Liability and indemnification

Banaki is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where Banaki has given a guarantee.

In cases of simple negligence, Banaki is liable only for the breach of material contractual obligations. These are obligations that make the contract possible in the first place and that you may rely on, for example correct calculation and payout. In that case liability is limited to the foreseeable damage typical for this type of contract. Otherwise Banaki is not liable for simple negligence. Banaki can correct a calculation error under section 12, regardless of fault.

Banaki does not owe you constant availability of the platform. Maintenance and technical faults are possible. Banaki restores the platform as quickly as possible.

You alone are liable towards the guest for the accommodation. You are liable yourself for the content you post. If third parties assert claims against Banaki because of your content, information or services, you indemnify Banaki on first demand, insofar as you are responsible for the infringement. This includes the reasonable costs of legal defence. Banaki informs you of such claims without delay.

20. Changes to these terms (Art. 3 P2B Regulation)

Banaki may change these terms. Banaki informs you of every change by email, at least 30 days before it takes effect. Within this period you can terminate without observing a notice period. If you do not object to the change and do not terminate, it applies after the period expires. Banaki points out this consequence in the notice. You can declare objection or termination by email to moin@kogge.digital. If you object in time without terminating, the previous terms continue to apply to you. Banaki can then terminate the contractual relationship under section 15 with 30 days' notice. If you waive the period, for example through express consent, the change applies earlier.

In the case of a change for compelling legal reasons or because of an order by an authority, the period can be shorter. Changes do not apply to bookings made before (Art. 8 P2B Regulation).

21. Reporting content and moderation (Art. 16, 17 DSA)

Banaki removes or restricts listings and other content if they violate these terms or the law. Anyone can report content, through the contact form or by email to moin@kogge.digital (Art. 16 DSA). You report users through the user's profile. The page "Report content" describes the procedure. You can also report content yourself.

If Banaki removes or restricts content of yours or blocks your account, you receive a statement of reasons by email (Art. 17 DSA). You can file a complaint within six months. Write to moin@kogge.digital for this. As a small enterprise, Banaki is not required to offer this under Art. 20 DSA (Art. 19 DSA) and offers it voluntarily. Banaki acts diligently, objectively and proportionately and respects your fundamental rights (Art. 14(4) DSA).

22. Complaints and dispute resolution (Art. 11, 12 P2B Regulation)

You can complain about Banaki at any time, for example about measures under section 15, the ranking, the payout or the commission. Write to moin@kogge.digital for this. Banaki reviews every complaint carefully and replies to you with reasons, as a rule within 14 days. This costs you nothing. Banaki is a small enterprise within the meaning of Recommendation 2003/361/EC and is therefore not required to offer this complaint procedure (Art. 11(5) P2B Regulation). Banaki offers it voluntarily.

For the same reason, Banaki does not name any mediators (Art. 12(7) P2B Regulation). You and Banaki can choose a mediator by mutual agreement in an individual case. Your right to bring the matter before a court remains unaffected.

23. Marketing packages

Banaki offers three marketing packages:

• Pro. Ad in the search results and on the map.
• Comfort. The services of Pro, plus an ad among the favourites on the home page, as a favourite on region pages and in the newsletter.
• Premium. The services of Comfort, plus an ad in the spotlight and an article in the GROUNDS magazine.

A package comes into being only through a separate agreement in text form (Section 126b BGB). Banaki sends you an offer by email, and you confirm it by email. The agreement states the package, listing, price, term and start. You cannot buy a package on the platform itself. The prices are net prices plus value added tax. Banaki issues you an invoice, payable within 14 days.

Banaki owes the display of your listing as an ad under the rules of the page "Ranking and Reviews". Your listing is only displayed if it is published, can be booked online and matches the search. Banaki does not owe a specific number of impressions, clicks or bookings. Banaki determines the positions, frequency and weighting of the ads. Banaki can change them if your package remains equivalent.

Every ad carries the word "Ad", including in the newsletter and in the magazine. Banaki designs the articles in the newsletter and in the magazine. Your information for them must be true. You grant Banaki the rights to your content as in section 4. Banaki may reject content that violates the law or these terms.

A package changes neither the tier nor the rank score of your listing, and so not your place among the other results (section 13, Art. 5(3) P2B Regulation).

In the host area you can see for your package how often your listing was shown and clicked as an ad, and until when the package runs. The statistics contain no information about persons.

The package ends automatically when the term expires. It does not renew tacitly. Before expiry, neither party can terminate in the ordinary way. The right to terminate for good cause remains unaffected (Section 314 BGB).

If Banaki cannot provide the package for reasons for which Banaki is responsible, Banaki refunds you the proportionate price for the remaining term. This also applies if Banaki terminates the package or the contractual relationship without the reason lying in your person. If the display is paused because your listing cannot be booked online, because you take it offline or because Banaki has blocked it under section 15, there is no refund and no extension. If you delete your account, the package ends without a refund.

24. Governing law, place of jurisdiction, final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from this contract is Neumünster, insofar as you are a merchant, a legal entity under public law or a special fund under public law (Section 38 German Code of Civil Procedure, ZPO). Banaki may also sue you at your registered office.

If a clause is invalid, the rest remains valid. The statutory provision replaces the invalid clause (Section 306 BGB).

This English version is a translation. In case of any discrepancy, the German version prevails.

As of: 25.10.2026