concluded between
ovos media consulting GmbH, as operator of the PROOMS website
in 1040 Vienna, Waaggasse 2A/EG, as agent and
host as member of PROOMS (www.prooms.com)
for renting/using a (private) room*
01 Subject of the agreement
Subject of the agreement is to act as an intermediary between host and guest regarding the renting/using of a room. The PROOMS website offers a platform for the booking process between guest and host. PROOMS itself is no party to the actual booking process. For this reason, the booking contract regarding any accommodation booked via PROOMS shall be concluded exclusively and directly between host and guest.
By using the offers on the PROOMS website you agree to the general terms and conditions as stated on www.prooms.com. You as a host explicitly agree with the general terms and conditions upon registering as a member on PROOMS.
This contract shall be concluded for an indefinite period of time and may be cancelled by either party at any time after handling all ongoing booking contracts by sending an email to support@prooms.com or to the email address you stated upon registering as a member. The contract cancellation shall be effective upon accessing the email.
02 Scope of service of the accommodation
As a host, you agree to state the gross price for every offered accommodation as well as a detailed description of services according to the agreement. You shall upload this information directly to the PROOMS website. To do so, you need to register as a member on www.prooms.com accepting the general terms and conditions. You agree to inform PROOMS without delay should there be any circumstances or changes that render an accommodation impossible or more difficult or that render the already agreed upon booking contract inexecutable.
03 Rights and duties of the host
As a host, you confirm that you are the owner or beneficial owner of the accommodation. In a legal context, the use of the accommodation corresponds to a cession of right to use of the present rooms for money.
As host of the accommodation, you are the sole responsible party regarding copyright, trademark and any other authorisation of use (concessions) for all texts, pictures and other documents that you upload to PROOMS. You hereby assure PROOMS that all documents are free of intellectual property rights or any other rights of third parties. You otherwise confirm to indemnify and hold harmless PROOMS against any claims. Apart from that, the general terms and conditions shall apply as agreed upon between PROOMS and you as a member.
04 Rights and duties of the agent
PROOMS shall act as an agent on behalf and for account of the host and guest. In return for a successful booking contract, there shall be a commission amounting to 10% of the booking amount as well as a processing fee of € 1 for every effected booking. The commission and the processing fee for bookings via PROOMS shall be settled and balanced directly and collectively at the end of every month by credit card using mPAY 24.
PROOMS shall be entitled to the agreed commission even if the booking contract failed due to reasons that are not PROOMS’ responsibility.
PROOMS may store and process all data necessary for the intermediary process. In this regard, you as a host are responsible for stating all necessary data and information correctly and on time.
05 Liability
In case of a claim filed against PROOMS due to any behaviour caused by or associated with you as a host, you shall indemnify and hold harmless PROOMS against any claims. This also includes your responsibility for people assigned to you or any of your subcontractors. Moreover, you as a host shall also bear all subsequent claims. This shall apply to any kind of liability caused by any legal claim. PROOMS shall be indemnified and held harmless regarding any (!) claims caused by adverse actions. As a host, your obligation to compensate shall include compensating the actual damage as well as the lost profit and all associated consequential losses.
You as a host confirm that you are legally entitled to implement a specific booking. Therefore you shall inform PROOMS as soon as possible about any predictable changes affecting the rented room. You shall also see to it that the room presented on the website shall correspond to the actual room, while PROOMS shall be indemnified and held harmless in any case.
06 Other regulations
This agreement shall not authorise you to use or pass on any rights of use to third parties or institutions. This shall also apply to any personal data that are transmitted in the course of handling the booking contracts, based on the data protection as agreed upon between PROOMS and you.
No further agreements have been taken. There are no oral side agreements and if so, they shall be null and void. Additional agreements shall be announced in written form to become effective. Apart from that, the general terms and conditions as agreed upon between PROOMS and the host shall apply.
This contract is subject to Austrian law, place of jurisdiction is Vienna.
* Hereafter referred to as accommodation.