Terms and Conditions for Guests

1. Who we are and what these terms cover

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 use Banaki as a guest and book accommodation or a pitch at a campsite or a comparable holiday accommodation through the platform. They are aimed mainly at consumers (Section 13 German Civil Code, BGB). Any conflicting terms of yours do not apply.

This version applies to bookings made from 08.10.2026. For bookings you completed earlier, the terms shown to you at the time of booking apply.

You can read, save and print these terms before registering and before every booking (Section 305(2) BGB). The contract language is German. Banaki stores the details of your booking and sends them to you by email with the booking confirmation.

2. What Banaki is and what it is not

Banaki arranges accommodation. You conclude the accommodation contract with the host you book. Banaki does not become a party to this contract.

Banaki is not a tour operator. With Banaki you book a single service, not a bundle of travel services. The provisions on package travel (Sections 651a et seq. BGB) therefore do not apply.

Banaki takes on these tasks: it provides the platform, receives your payment for the host, calculates refunds under these terms and pays them out. The host is responsible for the stay on site, for the condition of the accommodation and for the accuracy of the listings.

Only commercial providers are admitted on Banaki, for example campsite operators. Every host declares to Banaki that they act as a trader (Section 14 BGB). Banaki informs you of this under Section 312l BGB in conjunction with Art. 246d of the Introductory Act to the German Civil Code (EGBGB). Banaki tells you the host's name and address at the latest with the booking confirmation.

Banaki's involvement in payment and refunds gives you no contractual claims against Banaki for the host's service. The obligations that Banaki itself assumes in these terms remain unaffected.

Some listings are connected to an external booking system of the campsite. Availability and booking are then transferred there. Nothing changes for you: the contract exists only with the host, and these terms also apply to such listings.

3. Your account

You need an account to book. You can create one from the age of 18, with your email address or with your Google account. Your details must be true and up to date (Section 241(2) BGB). Banaki can verify your email address and your phone number (by SMS). An ID document is optional.

Keep your login details secret. If someone misuses your account, write to us immediately at moin@kogge.digital.

You can delete your account at any time. Deletion takes effect immediately. It is not possible while you have requested or confirmed bookings. How Banaki processes your data is set out in the Privacy Policy.

4. Booking and formation of the contract

You choose the accommodation, the period and any extras. Before you submit, Banaki shows you the total price, the cancellation terms of the listing and the type of booking. Until you click the booking button, you can check and change your entries. The button reads "Book with obligation to pay" or an equivalent notice of your payment obligation (Section 312j(3) BGB).

By clicking, you submit a binding offer to the host. How the contract is formed depends on the type of listing.

• Instant booking. The booking is confirmed immediately. The contract exists once it is confirmed on screen and by email.
• Booking request. The host has 24 hours from receipt of your request to accept it. After that, the request lapses. Banaki checks the deadline once a day. Your request can therefore remain open for up to about 48 hours after you submit it, and in any case it ends before the arrival date. The contract exists only once the host accepts. If the host declines or the request lapses, no contract is formed and you receive the full amount back. You are bound by your offer until then (Section 147 BGB). You must pay when you submit (section 6). As long as the host has not accepted, there is no contract yet. If you withdraw the request during this time, you also receive the full amount back.
• Pre-approval. If the host has pre-approved you, the booking proceeds like an instant booking.

The confirmation email contains the period, the price, additional costs and the cancellation terms that apply to your booking.

5. Prices, tourist tax, vouchers

Banaki charges you no service fee. Using Banaki is free of charge for guests. Banaki receives a commission from the host only.

The total price at checkout includes the price per night, the additional costs set by the host (for example final cleaning, pets, extras) and statutory value added tax. It is the price you pay when you book.

Tourist tax and visitor contribution are not included in the price. The host collects them on site and points them out in the listing, including the amount. The municipality determines how high they are.

Banaki deducts vouchers from the price at booking. Banaki or the host can grant a voucher. Banaki bears the cost of vouchers from Banaki, and they do not reduce the payout to the host. The refund is at most what you actually paid.

6. Payment

You pay by card through the payment service provider Stripe, with 3-D Secure where required. There are no other payment methods. The amount is charged immediately when you submit the booking, including for a booking request.

The host has authorised Banaki to receive your payment in the host's name and for the host's account. You therefore pay Banaki and are thereby released from your payment obligation towards the host (Section 362(2), Section 185 BGB). This applies as soon as the money has reached Banaki. You do not have to pay the host again. Banaki later passes the amount on to the host, less the commission.

If something is wrong with your payment, please contact us first. We resolve it faster than a chargeback through your bank.

7. No right of withdrawal for the booking

There is no statutory right of withdrawal for contracts on accommodation and on leisure services for a specific date or period (Section 312g(2) no. 9 BGB). This concerns your contract with the host, including for a pitch at a campsite. You can still cancel the booking under section 8.

The intermediary contract with Banaki is free of charge for you. You owe Banaki no fee.

8. You cancel

You can cancel confirmed and requested bookings yourself in your account. Before you confirm the cancellation, Banaki shows you the amount you will get back.

Each host chooses for their listing one of four policies that Banaki provides. The policy is shown in the listing and at checkout before you book. It is part of your contract with the host. Banaki stores it with your booking in the version you saw. If the host changes it later, the change applies only to new bookings.

This is how the deadlines are counted: "From X days" means you cancel at least X calendar days before the arrival date. German time applies. The refund relates to the price per night.

• Flexible. Up to 1 day before arrival you get 100 % back.
• Moderate. From 7 days before arrival you get 100 % back, from 1 day before arrival 50 %.
• Firm. From 30 days before arrival you get 100 % back, from 7 days 50 %, after that 0 %.
• Strict. From 60 days before arrival you get 100 % back, 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 already begun count as used. For the remaining nights you get back:

• Flexible: 100 %
• Moderate: 50 %
• Firm and Strict: 0 %

You can no longer cancel the last night. If you do not arrive, the rule for the arrival date applies, provided you cancel before the departure date. After that, Banaki refunds nothing through the platform. You can still furnish the proof described in section 9.

An example for Moderate with an accommodation price of 200 euros and arrival on 20 July. If you cancel by 13 July, you get 200 euros back. If you cancel from 14 to 19 July, you get 100 euros back. If you cancel on 20 July, you get half of the price for the nights after the arrival night back.

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

The part of the price that you do not get back under the policy is kept by the host as a lump-sum compensation for the host's loss. It is not a fee charged by Banaki and not a payment from you to Banaki. Only the host pays Banaki's commission, out of the host's share.

9. You can prove that less damage was incurred

The flat amount in section 8 is a lump sum. You may prove that the host suffered no damage or substantially less damage (Section 309 no. 5 (b) BGB). The host must also credit what they saved through the cancellation and what they earn from re-letting the pitch (Section 537(1) sentence 2 BGB).

This is how to proceed:

1. Write informally to moin@kogge.digital. State your booking number and your reason, for example: the pitch was re-let for the same period. Supporting documents help but are not required.
2. Banaki forwards your message to the host and asks the host to respond within 7 days.
3. Banaki decides, on the basis of both sides' statements, whether and how much you get back. This happens within 14 days after the response or after the 7 days have passed. If you are owed money, Banaki refunds it through Stripe.

Please get in touch within 30 days after the planned departure date, so that the facts can still be documented. This is not a cut-off period. Your statutory rights against the host remain unaffected. Banaki's decision does not bind you or the courts.

10. The host cancels or declines

If the host cancels a confirmed booking before your arrival, you get back the entire amount paid, including all additional costs. The same applies if the host declines a request or does not respond within the deadline.

If the host cancels during your stay, you get back the price of the unused nights. In this case you do not get back the additional costs. Section 8 explains which nights count as used.

Further claims against the host, for example for compensation of additional costs, remain unaffected. Banaki reserves the right to take measures against the host if the host cancels repeatedly. There is no financial penalty.

11. How Banaki refunds

Banaki calculates each refund under these terms and triggers it through Stripe in the name and for the account of the host. The amount goes back to the payment method you booked with. Banaki usually triggers the refund within 1 to 2 days. Depending on your bank, it can take up to 10 business days until it is credited.

If Banaki has made a calculation error, report it by email to moin@kogge.digital. Banaki checks the calculation and refunds any missing difference. You then stand where you would stand under the rules in sections 8 and 10. Banaki can settle the amount internally with the host, and you do not have to deal with that. You can have the calculation checked by email at any time.

12. Problems on site

Defects in the accommodation, disputes about noise, cleanliness or equipment and damage on site are a matter between you and the host. You direct your claims to the host. Your statutory rights in case of defects remain unaffected, for example the right to a rent reduction (Section 536 BGB). Report defects to the host immediately so that the host can remedy them.

Banaki helps you reach the host and forwards complaints. Legally, the host is obligated, not Banaki.

13. Reviews

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

Your review must be based on your own stay and be truthful. Reviews in exchange for consideration, reviews by the host or the host's relatives, insults and false statements of fact are prohibited. Banaki can hide reviews that violate this. A host cannot have a review hidden merely because the host does not like it. You can find more on the page "Ranking and Reviews".

14. Order of search results

Banaki sorts search results first by instant booking, then by the accommodation's reviews (currently by the rounded average rating), then by the date on which the listing was created. Banaki can downgrade a listing because of the host's repeated cancellations. If that has happened, the listing appears behind listings without this measure. There is no paid placement, and the commission does not affect the order. The details are on the page "Ranking and Reviews".

15. Reporting content and complaints

You can report listings, images, reviews and other content that violate these terms or the law (Art. 16 DSA). You report users through the user's profile. You report content through the contact form or by email to moin@kogge.digital. How the procedure works is explained on the page "Report content". Banaki confirms receipt and informs you of the decision with reasons. Banaki acts diligently, objectively and proportionately and respects your fundamental rights (Art. 14(4) DSA).

If Banaki removes content of yours or suspends your account, Banaki gives reasons by email (Art. 17 DSA). You can file a complaint against this within six months. Write to moin@kogge.digital for this. A person reviews the complaint, not only software, and Banaki informs you of the result. As a small enterprise, Banaki is not required to offer this complaint procedure or to take part in out-of-court dispute settlement bodies under Art. 20 and 21 DSA (Art. 19 DSA), but offers the complaint voluntarily. Your right to bring the matter before a court remains unaffected.

16. Suspension and termination

Banaki can suspend or terminate your account if you violate these terms, for example through false information, misuse of reviews or payment fraud. In the case of a serious violation, Banaki suspends your account immediately. Otherwise Banaki terminates with 14 days' notice. Banaki tells you the reason by email, unless the law prohibits it. Your existing bookings remain unaffected, unless the host terminates them for good cause.

After suspension or deletion you can no longer log in. On request by email to moin@kogge.digital, you receive your data as an export.

You can delete your account at any time under section 3.

17. Liability

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. In that case liability is limited to the foreseeable damage typical for this type of contract. Otherwise Banaki is not liable for simple negligence.

The host is liable for the stay, the accommodation and the information in the listing. Banaki is liable for these only if Banaki itself has breached an obligation. Section 11 applies to errors in calculating and paying out refunds.

18. Changes to these terms

For a booking, the terms apply in the version that applied at the time of booking. Later changes do not affect that booking.

For your account, Banaki changes these terms only with your consent. Banaki sends you the new version by email and asks for your consent. Silence does not count as consent. If you do not consent, the previous version remains decisive, insofar as Banaki can continue your account on that basis. If that is not possible, for example because of a change in the law, Banaki can terminate the account with 30 days' notice.

19. Dispute resolution

Banaki is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG). If you have problems with Banaki, write to moin@kogge.digital. We reply as quickly as possible.

20. Governing law, place of jurisdiction, final provisions

German law applies. Mandatory consumer protection provisions of the country where you live remain unaffected.

If you are a merchant, a legal entity under public law or a special fund under public law, Neumünster is the place of jurisdiction for all disputes arising from the use of Banaki (Section 38 German Code of Civil Procedure, ZPO). For consumers, the statutory places of jurisdiction apply.

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

As of: 08.10.2026