Terms and Conditions

(1) "User" means any natural person who has concluded a paid platform agreement with Celis Living and holds an active user account.

(2) Use of the platform requires full legal age and unrestricted legal capacity.

(3) "Provider" means a user who lists accommodation or an exchange option on Celis Living.

(4) "Interested party" means a user who searches for accommodation or exchange options or contacts a provider.

(5) "Listing" means the depiction of an offered accommodation or exchange option published by a provider on Celis Living.

(6) "Agreement between users" means in particular a rental, sub-letting, exchange, accommodation or other usage agreement concluded between users.

(1) Celis Living is designed as a peer-to-peer platform for private users.

(2) Use within the scope of a commercial or self-employed professional activity requires the prior express consent of Celis Living.

(3) This applies in particular to professional accommodation brokers, agents, agencies, commercial sub-lessors, accommodation businesses, commercial co-living providers and comparable professional providers of accommodation.

(4) A user must inform Celis Living if use that was initially private subsequently develops into commercial use.

(5) Unauthorised commercial use constitutes a breach of these terms and conditions and may justify measures under section 11.

(1) Celis Living provides users with a digital platform that enables them in particular to

a) list accommodation and exchange options, b) search for corresponding offers and c) contact and communicate with other users in order to initiate their own agreements.

(2) Celis Living owes the provision of the platform infrastructure required for this purpose to the agreed extent. A specific brokerage, contact or contractual success is not owed.

(3) The concrete scope of functions may additionally result from the service description presented at the time of conclusion of the agreement.

(4) Celis Living may also display information about events, places or other third-party offers. Unless expressly stated otherwise, Celis Living is neither the organiser nor the provider of these services.

(1) The registration-required functions of Celis Living may only be used within the framework of a paid subscription.

(2) The presentation of the subscription on the website generally does not yet constitute a binding contractual offer from Celis Living.

(3) By ordering the paid subscription, the user submits a binding offer to conclude the platform agreement. The agreement is concluded by Celis Living accepting this offer, in particular by corresponding confirmation or activation of the user account.

(4) Before conclusion of the agreement, the user is provided with the legally required information, in particular about scope of services, price, term and cancellation options.

(5) The user account is personal and non-transferable.

(6) Users must provide complete and truthful information during registration and use and update any material changes.

(7) Access data must be protected against access by unauthorised third parties. Any indications of unauthorised use must be reported to Celis Living without delay.

(8) Users are only liable for actions taken via their account insofar as they are responsible for them.

(1) After expiry of the initial term, the user may cancel the agreement at any time with a notice period of no more than one month.

(2) Cancellation may in particular be declared in text form or via the cancellation option provided by Celis Living on the website.

(3) The right of either party to extraordinary cancellation for good cause remains unaffected.

(4) Celis Living may cancel the agreement continued for an indefinite period with one month's notice.

(5) Upon termination of the agreement, the right to use the registration-required platform functions generally ends. The user's listings may be deactivated.

(6) Statutory retention obligations, data protection requirements and legitimate documentation interests remain unaffected.

(1) Consumers have the statutory right of withdrawal.

(2) Details of the period, exercise and consequences of withdrawal are set out in the separate withdrawal information.

(3) Insofar as Celis Living begins to provide the service before expiry of the withdrawal period at the express request of the user, the statutory provisions on early performance and any compensation for loss of value apply.

(4) The statutory options for exercising the withdrawal electronically remain unaffected.

(1) Celis Living may review content and user activities for compliance with applicable law and these terms and conditions. Both automated procedures and human review may be used, where deployed.

(2) In the event of legal violations, breaches of these terms and conditions, fraud or security risks, or to fulfil legal obligations, Celis Living may take appropriate and proportionate measures.

(3) Depending on the nature and severity of the breach, the following may in particular be considered: a) a notice or warning, b) a request to change content, c) restricting the visibility or removal of content, d) restricting individual functions, e) temporary or permanent suspension of the user account or f) cancellation of the platform agreement.

(4) When selecting a measure, Celis Living takes into account in particular the nature, severity, duration and frequency of the breach and its impact on other users and third parties.

(5) Before a longer-term or permanent account suspension, the user is generally given an opportunity to comment, unless immediate action is required in particular due to fraud, security or comparable significant risks.

(6) Celis Living informs affected users in accordance with the statutory provisions about the restrictive measures taken, their essential reasons and available legal remedies.

(7) Statutory reporting and complaint options remain unaffected.

(1) Celis Living may verify certain information of a user and display the result by means of a corresponding verification mark.

(2) The concrete scope and meaning of a verification is set out in the respective description on the platform.

(3) A verification exclusively confirms the property checked in the respective verification procedure.

(4) In particular, it does not automatically confirm a) the entitlement to rent or sub-let, b) the correctness of all listing information, c) solvency, d) personal reliability or e) the proper performance of an agreement concluded between users.

(1) The messaging function provided by Celis Living serves in particular to establish contact and initiate agreements between users.

(2) Celis Living does not carry out general, unsolicited monitoring of the content of private messages.

(3) In the event of specific abuse reports, security incidents or legal obligations, messages and associated data may be processed or reviewed to the legally permissible and necessary extent.

(4) Payments under agreements between users, in particular rents or deposits, are made directly between the users unless Celis Living expressly offers a separate payment service.

(5) Celis Living does not hold such payments and gives no warranty for their payment or repayment.

(1) Users retain the rights to the content they post.

(2) The user grants Celis Living the simple usage rights required for the operation and contractual presentation of the platform in respect of the content posted by them.

(3) This includes in particular the required storage, reproduction, technical adaptation, making publicly available and presentation of the content in connection with the operation of Celis Living.

(4) Celis Living may engage technical service providers for this purpose and grant them the required sub-licences.

(5) The grant of rights generally ends when the relevant content is deleted or the platform agreement is terminated. Technically unavoidable backup copies, statutory retention obligations and legitimate documentation interests remain unaffected.

(6) The user warrants that they hold the rights required for publication and contractual use.

(1) Celis Living does not owe uninterrupted availability of the platform at all times.

(2) Temporary restrictions may occur in particular due to maintenance work, security measures, technical faults, force majeure or disruptions to external infrastructure.

(3) Celis Living may further develop and change the platform and its functions provided there is a factual reason for doing so and the contractually owed core of the service is not unreasonably affected.

(4) Mandatory statutory rights of the user, in particular under the provisions on digital products, remain unaffected.

(1) Celis Living is liable without limitation a) for intent and gross negligence, b) for damages resulting from injury to life, body or health, c) within the scope of an expressly assumed guarantee, d) under the Product Liability Act and e) in other cases of mandatory statutory liability.

(2) In the event of a slight-negligence breach of an essential contractual obligation, Celis Living is liable for the foreseeable, typically occurring damage. Essential contractual obligations are obligations whose fulfilment first enables the proper performance of the platform agreement and on whose compliance the user may regularly rely.

(3) Otherwise, Celis Living's liability for slight negligence is excluded.

(4) The liability limitations apply accordingly in favour of Celis Living's legal representatives, employees and vicarious agents.

(5) Celis Living is not liable for the performance of agreements between users, as Celis Living is not a party to these agreements. This applies in particular to the availability and condition of the offered accommodation, the entitlement to transfer it, rents, deposits, the return of keys and other obligations under the respective user agreement.

(6) Celis Living's liability for its own obligations, its own statements and its own culpable conduct remains unaffected in accordance with the above provisions.

(1) If a user culpably infringes the rights of third parties or statutory provisions and Celis Living is rightfully claimed against by a third party as a result, the user shall indemnify Celis Living against these claims.

(2) This includes only necessary and reasonable costs of legal defence.

(3) Celis Living informs the user about the claim and, insofar as reasonably possible, gives them the opportunity to participate in the legal defence.

(4) The indemnification does not apply insofar as Celis Living is itself responsible for the relevant legal violation.

(1) Celis Living may amend these terms and conditions with effect for the future provided there is a factual reason for doing so, in particular due to a) changed statutory or regulatory requirements, b) new or changed case law, c) technical or organisational further development of the platform, d) the introduction, change or discontinuation of functions or e) the necessary clarification or supplementation of existing provisions.

(2) Amendments must not shift the contractual balance to the user's detriment in an unreasonable manner.

(3) Amendments to essential primary obligations, remuneration, the contract term, cancellation rights or liability require the express consent of the user unless they are necessary due to mandatory statutory provisions.

(4) The user is informed of amendments in good time in text form.

(5) Silence or mere continued use of the platform does not constitute consent to an amendment requiring consent.

Information on the processing of personal data is set out in the separate privacy policy of Celis Living.

Celis Living is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body unless there is a statutory obligation to participate.

(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the state in which they habitually reside.

(3) The statutory jurisdictions apply to consumers.

(4) If a user is a merchant, a legal person under public law or a special public-law fund, the exclusive place of jurisdiction for disputes arising from the platform agreement is, insofar as legally permissible, the registered office of Celis Living.

(1) Individual agreements between Celis Living and the user take precedence over these terms and conditions.

(2) Should individual provisions of these terms and conditions be wholly or partly invalid or become so, the remaining provisions remain valid. The statutory provisions take the place of the invalid provision.