General terms and conditions for using the PROOMS website
(as of September 21^st, 2009)

01 General information

The PROOMS website is a platform where (private) accommodation* may be offered for rent or use. PROOMS itself does not offer any accommodation but only acts as an intermediary between guest and host. For this reason, the booking contract regarding any accommodation booked via PROOMS shall be concluded exclusively and directly between host and guest.

02 Using the PROOMS website

As a guest or as a host, you may call up all offers on the PROOMS website free of cost at any time and search under different criteria like place, dates, type of accommodation, etc. All accommodation represented is uploaded by the host directly into the offers areas of PROOMS according to the best of his/her knowledge and belief. PROOMS itself is not liable or in any other way responsible for the accuracy, up-to-datedness or completeness of the offers. As regards all offers on the PROOMS website, any offers of accommodation which violate legal prohibitions or these general terms and conditions are prohibited.

03 Registering on the PROOMS website

In order to be able to offer or book accommodation on the PROOMS website, you need first to register as a member, whereas you may simply search for accommodation without registering. Registering is free of charge for both host and guest. In order to create a PROOMS member account, you need to enter your user name, email address and a chosen password and you create your personal profile by entering your personal user data. If you want to register as a host, we will also need your credit card details so as to bill for commission. You may log in to the PROOMS website at any time using your member account.

Your registration results in a user contract between you and PROOMS enabling you to make use of what the PROOMS website offers and you consent thereby to these general terms and conditions. As a member, you may book or offer as many objects over PROOMS as you wish. Your member account may not be transferred to any third parties.

You may cancel the user contract at any time should you want to stop using the offers on PROOMS by sending an email to our customer service centre at support@prooms.com.

Naturally all personal data entered by you, and in particular all credit card data, will be treated as strictly confidential in accordance with our privacy regulations as well as the applicable data protection laws.

When your registration has been completed, PROOMS shall send you a confirmation email with an activation link to your stated email address. This is necessary for PROOMS on legal grounds in order to ensure your registration is proper and valid. As soon as you have confirmed your registration by clicking on the activation link you are registered at PROOMS and can offer and book accommodation.

Any changes in your personal data must be communicated without delay by email to support@prooms.com. Otherwise PROOMS shall not be responsible for any legal disadvantages that may arise in any way and in particular shall not be liable for any damage or consequential damage.

PROOMS reserves the right to delete a member account at any time without giving reasons should a member in using this PROOMS website violate these general terms and conditions or any other legal regulations, interfere in the legal position of third parties while using the PROOMS website or misuse the PROOMS website in any other way. In such cases, PROOMS reserves the right to take any measures necessary for ensuring the protection of other users or members from a legal point of view. PROOMS may in the first instance issue you a warning, may temporarily block you as a user/member or may completely delete your member account. After such deletion of your member account, you may no longer use the PROOMS offers or website.

04 Information regarding the use of personal data

Please enter the necessary registration data like name and address correctly and in full when registering with PROOMS. This ensures that you can use all PROOMS offers in an optimal fashion. We also need a valid email address from you for communication purposes.

PROOMS will treat your personal data as strictly confidential and in accordance with the applicable privacy regulations, which you must explicitly accept within the process of registration. The respective personal data shall only be transmitted in encrypted form and using secure transmission paths and shall only be stored on secure servers. This applies in particular to the credit card data submitted by persons offering accommodation. Your password must be kept secret and not shared with third parties. Equally, PROOMS undertakes not to misuse your password. Thus, you should never reveal your password via telephone or email to anyone.

Equally, you consent to PROOMS and/or the host or the guest sending you emails with electronic information or legally relevant declarations to the email address submitted by you. You may revoke this consent at any time. However, in this case, you may no longer be registered as a member on PROOMS and PROOMS will delete your account and inform you of this with a single email.

05 Using PROOMS

You may make booking requests or bookings via PROOMS after registering on the website. To do so, you need to log in with your user data (user name and password) to your member account.

Booking accommodation as a guest

If you want to book accommodation on PROOMS as a guest, please enter your personal criteria and preferences. After your booking request has been submitted, it must be confirmed by the host for legal reasons. The acceptance or rejection of your request ensues per email from the host to your stated email address. The contract is concluded at the point in time that you receive the host’s email accepting the booking. The binding booking contract between you and the host shall only become effective upon the host accepting your booking request.

The host may at any time reject your booking request. Your booking request shall expire after 7 days without receiving a confirmation email by the host.

You may cancel your booking request at any time prior to the host accepting your request. After receiving the host’s declaration of acceptance, both you and the host may cancel the booking request free of charge until 2 days prior to the actual booking date.

Host offering accommodation

If you want to offer accommodation as a host, you can upload the necessary information directly onto PROOMS with your log-in once you have registered. You conclude an intermediary contract with PROOMS prior to issuing your first offer.

Upon concluding a booking contract with a guest via the PROOMS website, PROOMS shall receive from you the commission agreed in the intermediary contract. The commission for the bookings concluded via PROOMS shall be billed and settled directly and collectively at the end of every month by credit card using mPAY 24.

You shall not upload any objects violating applicable law or these general terms and conditions. Your statements must be made to the best of your knowledge and belief; all the details you submit must be correct, truthful and accurate (furnishing, size, sanitation facilities, etc.). You may give a detailed description of your offer in the offer form and you may also directly upload pictures. Your descriptions and the pictures you use may not infringe third party rights and in particular must be free of infringement of any intellectual property rights or other use or exploitation rights of third parties.

06 Liability

PROOMS shall be the intermediary for the booking contracts which are directly agreed between guest and host and shall not be liable for any contents or consequences thereof. Execution and performance of the contracts concluded via PROOMS is a matter exclusively between guest and host.

Hence, PROOMS assumes no liability or responsibility whatsoever for cancellations or other difficulties associated with executing the contract, since PROOMS acts only as an intermediary. This applies especially to the description and the details regarding the accommodation offered and the manner in which the booking contract is actually executed. In this connection, PROOMS assumes no responsibility for the functionality, availability and accessibility of the services offered in connection with the electronic communication infrastructure provided and makes no guarantees or warranties whatever in this respect. This applies especially to possible technical difficulties or system problems which might complicate or hinder booking possibilities or the conclusion of contracts on the PROOMS website. In such cases, PROOMS shall inform you immediately, insofar as this possible according to the respective technical possibilities.

This disclaimer of liability by PROOMS includes all pecuniary damage, damage to property and personal injuries as well as actual damage and loss of profit. In no event shall PROOMS be liable in cases of force majeure. This also applies to any transmission and function failures regarding the information and communication technologies used.

PROOMS assumes no liability for and explicitly distances itself from any legal responsibility for texts entered by you or pictures provided or your linking to external providers or platforms.

PROOMS reserves the right to exclude any member with immediate effect from further use of the PROOMS website or to delete their registration if there is a violation of legal provisions or of these general terms and conditions or any other misuse of the PROOMS website or related services. This applies in particular to any case of a member violating these general terms and conditions, other legal provisions or the rights of third parties. In any case PROOMS must be indemnified and held harmless. This shall include all procedural costs and court fees as well as any additional costs.

07 Ratings on PROOMS

As a guest you can submit a rating directly on the PROOMS website. You can submit such rating using your member account each time accommodation has been availed of, i.e. after you/the guest(s) have left the booked accommodation. As a guest, you rate the accommodation provided and/or the way transaction was handled by the host.

The ratings you submit must be truthful and may not violate any provisions of law. PROOMS hereby distances itself explicitly from the ratings posted on the PROOMS website. PROOMS reserves the right to take legal measures and if necessary to delete registrations should there be evidence of a member misusing the rating system.

08 Other regulations

PROOMS reserves the right to amend these general terms and conditions at any time without stating reasons. The amended conditions shall be published directly on the PROOMS website and become effective within two weeks. If you do not want to accept the new general terms and conditions, please send a written cancellation to support@prooms.com.

There are no additional agreements to these general terms and conditions or to the intermediary contract between PROOMS and the host. You can contact PROOMS at any time via email at support@prooms.com. PROOMS reserves the right to change this email address at any time without stating reasons. The new email address shall be published on the PROOMS website.

09 Severability clause

If any provisions of these general terms and conditions be or become invalid or unenforceable or violate applicable provisions of law, the validity and enforceability of the remaining provisions shall not be affected. These remain unaffected or otherwise in full force and effect. The provision which has become unenforceable or the invalid provision shall be replaced according to the wish of the parties by such admissible prescription or provision as corresponds best in terms of contents or the will of the parties to the impugned provision. Apart from this, the relevant provisions of law shall apply to such cases.

10 Choice of law and place of jurisdiction

All agreements are subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Vienna.

* Hereinafter referred to as accommodation.