GENERAL TERMS & CONDITIONS FOR THE RENTAL OF ACCOMMODATIONS VIA THE WEBSITE WWW.MYMOLO.DE AND EMBEDDED WIDGETS (CLOUDBEDS)

1. CONTRACTUAL PARTNERS, VALIDITY, REGISTRATION AS USER

1.1 The contractual partner is My Molo GmbH, Eberswalder Str. 15B, 16348 Marienwerder, which rents mobile accommodation to visitors to festivals and other events at the URL www.mymolo.de (hereinafter referred to as the "website"). The company is also active as a travel provider and arranges tent or lodge accommodation in combination with other travel services (e.g. surf courses, climbing, mountain biking, etc.). We use the help of the following external service providers:

• Cloudbeds for the contract and payment processing of the glamping camps, as well as additional services that can be purchased with the accommodation (Cloudbeds is a product of Digital Arbitrage, Inc. 16192 Coastal Highway Lewes, DE 19958 US, https://www.cloudbeds.com/)

In addition, our offer can be booked through the following sales channels, whose respective terms and conditions also apply when the contract is concluded.

• Airbnb (Airbnb is a product of Airbnb Ireland UC, private unlimited company, 8 Hanover Quay Dublin 2, D02 DP23, Ireland, https://www.airbnb.pt/)
• Booking.com (Booking.com is a product of Booking.com B.V, Herengracht 597, 1017 CE, Amsterdam, Netherlands, https://www.booking.com/)
• Homeaway (Homeaway is a product of EG Vacation Rentals Ireland Ltd, 53 Merrion Square South, Dublin 2, D02 PR63, Ireland, https://www.homeaway.com/)
• Expedia (Expedia ia a product of Expedia Inc. 1111 Expedia Group Way West, Seattle WA 98119, https://www.expedia.com/)
• Glampinghub (Glampinghub is a product of Glamping Hub USA Inc. Highlands Ranch - Shea Center1745 Shea Center Drive, 4th Floor Highlands Ranch, Colorado, 80129 (USA), https://glampinghub.com/)
• Hipcamp (Hipcamp is a product of Hipcamp, Inc. San Francisco Bay Area, West Coast, Western US, https://www.hipcamp.com)

1.2 All contracts with us are concluded taking into account our general terms and conditions ("GTC"). You accept the terms and conditions in their entirety in the version applicable at the time the respective contract is concluded. The present terms and conditions apply exclusively, unless otherwise agreed. Otherwise deviating regulations are hereby contradicted. These terms and conditions can be viewed and printed out on our website at any time.1.3 In addition to our terms and conditions, the conditions of the respective festival organizer or of each external sales channel must be observed. In the event of contradiction, these take precedence over our terms and conditions.

2. OFFERS, ORDERS AND CONCLUSION OF CONTRACTS

2.1 a) All of our offers are always subject to change and non-binding. On our website you can choose accommodation and activities that we rent to you for the surf camps or festivals mentioned there in consultation with the respective festival organizer.
b) Booking: Here you select the festival or glamping camp in question on our website. If you are forwarded to the external booking page of the respective festival, the booking process and the general terms and conditions of the respective festival apply. If you are redirected to a subpage of www.mymolo.de, our terms and conditions continue to apply. In this case you choose the tent or lodge with the occupancy you want. The prices are advertised as the price per accommodation. Unless otherwise stated, the festival ticket is not included in the price and must be purchased separately from the festival organizer. As soon as you have entered all the necessary data in the ordering process, the purchase is complete. This creates a binding contract for the rental of the accommodation you have selected with us.
c) Confirmation of receipt / ticket: You will then receive an email confirming receipt of your booking with an overview of the accommodations you have selected, as well as all mandatory information. You will also receive the e-ticket, which acts as an entry ticket when you check-in at the tents & lodges.

2.2 You can only conclude a contract with us if you are of legal age.
2.3 Any ancillary agreements are only effective if they are confirmed in writing.
2.4 We expressly reserve the right to change prices, technical changes, errors or misprints.

3. RENTAL RATE AND DEPOSIT

3.1 The prices stated on the website at the time of the order apply. The prices are shown in EURO and include the statutory value added tax for users from the European Union without any discounts. The price does not include any camping or parking fees, unless otherwise stated. These may be requested by the respective festival organizer and must be paid to them.
3.2 In addition to the rent, we give ourselves the option of requesting a rental deposit of 150 euros per rented accommodation at festivals. The deposit settlement takes place within 14 working days after the complete and faultless return of the respective accommodation.  

4. PAYMENT, SET-OFF, RIGHT OF RETENTION

4.1 The rent including all costs is due upon conclusion of the contract. Payments are to be made without discounts or other deductions, as long as no other payment method is expressly agreed in writing and are made in accordance with the following regulation in advance of payment or PayPal before the accommodation is made available.
4.2 Payment options:The rent is to be transferred via one of the payment options approved by Cloudbeds. These include Visa, Mastercard, American Express, SEPA direct debit, Stripe, Sofortüberweisung, PayPal or iDEAL.
4.3 You can only offset against our claims if your counterclaim is undisputed or a legally binding title is available. In addition, you are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.    

5. CANCELLATION / WITHDRAWAL FROM THE CONTRACT

5.1 In principle, cancellations are possible at any time. Fees for payment processing costs in the amount of 2.5% of the invoiced amount and a processing fee of 15 euros per order will be deducted.
5.2 The following cancellation deadlines apply:For cancellations more than 14 days before the desired rental period, 100% of the amount invoiced will be refunded (minus the fees for payment processing and processing) if this has already been credited to our account.If a cancellation is made within 0 to 13 days before the booked rental period: A cancellation fee of 100% of the respective rental fee will be charged.Current notice in the course of the corona pandemic:If the festival is canceled by an official order as a measure against the spread of Covid19, we will refund the full rent (minus the fees for payment processing and processing) - regardless of the time.The difference between the rent and the cancellation fee will be refunded to you together with the deposit within 14 days of cancellation.We recommend that you check that you have taken out travel cancellation insurance when booking.
5.3 We reserve the right to withdraw from this contract free of charge up to 28 days before the start of the rental period, provided that a minimum number of bookings for our accommodations is not reached. In this case, payments already made will be fully reimbursed by us within 14 days of withdrawal.
5.4 In the event of a cancellation by the festival organizer, the following applies:If the festival is canceled before the rental period begins, we will refund 50% of the rental fee and the entire deposit;If the festival is canceled after the rental period has started, the rental fee will not be reimbursed.
5.5 We will not be responsible or provide a refund in the following circumstances:If the customer is responsible for the incorrect provision of the services.If the faulty services are from a third party or occur in an unpredictable manner.When the services cannot be provided due to conditions beyond the control of the company. These are unusual and unpredictable conditions that can lead to unexpected consequences such as natural disasters etc.If the incorrect provision of the services is caused by events in our camps, although all due diligence obligations have been met, but these could not be predicted or prevented.In the event of accidents and other incidents outside of the activities offered 

6. OWNERSHIP / YOUR LIABILITY 

6.1 The respective accommodations remain the exclusive property of My Molo GmbH even during the rental period. As a tenant, you are obliged to treat the accommodation properly and to fully observe any recommendations for maintenance, care and use. The applicable regulations (our house rules and the festival rules) must be fully complied with. By using it, you recognize the respective regulations, which can be viewed at reception or are otherwise displayed, as binding. In particular, smoking and fire are prohibited in all accommodations. Instructions from our staff and those of the festival security staff must be followed. Furthermore, any changes to the accommodation, the interior furnishings of the accommodation or the location of the accommodation are prohibited. In the event of use of the accommodation and the interior furnishings of the accommodation in breach of contract, subletting, overcrowding, use of the accommodation for purposes other than accommodation, disruption of housekeeping, violation of house or festival rules, violation of instructions from our staff and those of the security staff of the festival, etc. we are entitled to terminate the rental agreement without notice.

6.2 As the tenant, you assume full liability for the accommodation and the interior furnishings of the accommodation upon handover. You are liable for any damage caused by improper use, fire, gross soiling, etc. arise. You are obliged to do everything reasonable to keep possible damage to the respective as low as possible.

6.3 The accommodation and the interior furnishings of the accommodation will be handed over to you personally by one of our employees and must be checked by you. Later notifications of defects are excluded and will not be recognized by us. A handover protocol is then drawn up in which any defects are to be recorded, which you must countersign, otherwise no handover can take place. The return of the accommodations (including the interior fittings) takes place within the framework of a return, whereby the condition of the accommodations and the interior fittings of the accommodations are compared with the handover protocol. You must return the item personally.

6.4 If you return heavily soiled accommodations or heavily soiled interior fittings, you have to pay the full costs for the respective cleaning by specialist staff.

6.5 Every customer who has bought one of our surf packages must be physically fit and able to swim. The customer confirms that from a medical point of view nothing prevents him / her from surfing or bodyboarding. We ask you to inform us of all relevant medical aspects: allergies, disabilities, medical disabilities, etc.

6.6 All non-adult participants in one of our glamping camps must follow and observe the recommendations of our employees and comply with the rules set by the European Union. The participants or their parents or their tutors (if they are minors) will be notified of intentional non-compliance with this or unacceptable behavior and we could exclude them from the surf camp. In this case, we will not offer refunds, nor will we be responsible for any additional costs.If the participants are minors, we will send their parents or tutors the documents and permits they need to sign, which are required to accept the minor as a participant.

6.7 For medical help during their stay in our glamping camps or festival camps, every customer should have a health insurance card and take out travel cancellation insurance. 

7. OUR LIABILITY

7.1 Changes and errors are reserved. We are liable for defects in accordance with the statutory provisions, unless liability is excluded or limited in accordance with these terms and conditions. An assignment of corresponding claims is excluded.
7.2 Re. The following limitation of liability applies to any textiles: Any slight color deviations between the images and the accommodation provided are due to technical reasons and do not represent a defect. Any operating or care instructions for the products must be observed.
7.3 Claims for damages are excluded. Excluded from this are claims for damages resulting from injury to life, limb, health or from the breach of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by us. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, we are only liable for typical, foreseeable damage if this was caused simply by negligence, unless it concerns claims for damages resulting from injury to life, limb or health. The above restrictions also apply in favor of our legal representatives and vicarious agents, insofar as claims are asserted directly against them.
7.4 If you assert a defect during the rental period, you are obliged to allow us to check the defect.
7.5 We are not liable for damage caused by normal wear and tear, improper handling or incorrect maintenance.
7.6 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. We are therefore not liable for the constant availability of the website.

8. PRIVACY POLICY

8.1 When handling your personal data, we adhere to all provisions of the Data Protection Act and the Telemedia Act and are entitled to collect, process and use all data relating to the business relationship with you in compliance with these laws.
8.2 Further information on the type, scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the data protection declaration at: https://www.mymolo.de/impressum.
8.3 In accordance with applicable law, we are also authorized to obtain information about your creditworthiness from commercial and business information files.
8.4 We reserve the right to take photos and videos for advertising purposes. Pictures of your stay in one of our camps or festival camps are only used for advertising purposes such as for website, flyers, brochures, etc.

9. CHOICE OF LAW / PLACE OF JURISDICTION

As far as legally permissible, German law applies to the exclusion of the UN Sales Convention (CISG). Mandatory provisions of the state in which you have your habitual residence remain unaffected. If you do not have a general place of jurisdiction in Germany or if you move your place of residence abroad after conclusion of the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for disputes is our respective company headquarters.

Status: March 2021