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).

When this version applies: if you register from 08.10.2026, it applies immediately. If you are already registered, it applies to you from 08.11.2026, 30 days after our notice (Art. 3(2) P2B Regulation). Until then, the previous version applies. Until 08.11.2026 you can object to the new version or terminate the contractual relationship (section 20).

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, receiving the payment for you, calculating and paying out refunds under section 9, and paying out to you.

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. Stripe checks your identity and your bank account in the process. Your contract with Stripe is a separate contract. Stripe's terms apply to it.

Banaki asks you for information: name, 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 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 tells guests your name and address at the latest with the booking confirmation. You consent to this.

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.

5. Calendar and availability

You keep your calendar up to date. You can sync it with other calendars via iCal. The sync does not run in real time. Banaki cannot rule out that bookings overlap.

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.

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

For each listing you set whether guests can book instantly or send you a request.

• Instant booking. The booking is confirmed immediately. The contract exists with the confirmation.
• Request. You have 24 hours from receipt of the request to accept or decline it. After that, the request lapses. Banaki checks the deadline once a day. A request can therefore remain open for up to about 48 hours after it is submitted, and in any case it ends before the arrival date. The contract exists only with your acceptance. If you decline or the request lapses, the guest receives the full amount back. If the guest withdraws a request that has not yet been accepted, the guest also receives the full amount back.
• Pre-approval. You can pre-approve a guest. The guest's booking then proceeds like an instant booking.

The guest pays immediately on submission, including for a request. From the moment you confirm a booking or a guest books instantly, 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 9 % of the booking amount, unless a different rate is agreed in your account. Banaki can agree different rates with you for individual listings.

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. Banaki shows the commission in an invoice. Whether value added tax applies to it is stated in the invoice.

Banaki may change the commission. Banaki informs you of the change in text form at least 30 days in advance. During this time you can terminate the contractual relationship without notice. The new commission applies only to bookings made after it takes effect (Art. 3(2) and Art. 8 P2B Regulation).

8. Payment, collection authority and payout

You authorise Banaki, as limited payment collection agent, to receive payments from guests and to make refunds in your name and for your account (collection authority). If a guest pays Banaki, the guest is released from the payment obligation towards you (Section 362(2), Section 185 BGB). You may not demand the amount from the guest again.

Guests pay by card through Stripe. The amount first goes to Banaki's Stripe account. Banaki later transfers it to your Stripe Connect Express account, less the commission.

When you get your money:

• Banaki initiates the payout from the departure date. As a rule, the money is in your bank account within 7 business days. The exact time depends on Stripe's payout schedule and on your bank.
• In the case of a cancellation where part of the amount is due to you, Banaki as a rule also pays out this part from the originally planned departure date.

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 do not reduce your payout. 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 in your name and for your account, as a rule within 1 to 2 days. Depending on the bank, it can take up to 10 business days until the guest is credited. You do not have to settle anything.

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. Banaki refunds affected bookings 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 may offset it against your payout or reclaim it from you (section 12).

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, including all additional costs. The same applies if you decline a request or do not respond in time. If you cancel during the stay, the guest receives back the price of the unused nights, but not the additional costs. Section 9 explains which nights count as used. The refunded amount reduces your payout. 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. Offsetting, reclaiming and calculation errors

If Banaki has refunded an amount to a guest that has already been paid out to you, Banaki may offset it against later payouts or reclaim it from you. This also applies to a refund under section 10, to a chargeback by the guest, to an erroneous booking and to a calculation error. Banaki tells you by email the amount, reason and calculation of the offsetting or reclaim. You pay a reclaim within 14 days after receipt of the notice.

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 paid out to you, Banaki may reclaim from you or offset. 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 with instant booking come before the others.
2. Next come the accommodation's reviews. Currently the average rating rounded to whole stars counts, better ones first. The number of reviews is not relevant for this.
3. Next comes the date on which the listing was created. Newer listings come before older ones.

There is no 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).
• Suspension 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 suspension, 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 while you have requested or confirmed bookings. You must fulfil them or cancel them under section 11. These terms continue to apply to them. 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 suspension 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. 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.

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 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 suspends 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. 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).

As of: 08.10.2026