General terms and conditions

StayToEnjoy Technologies UG (haftungsbeschränkt), hereinafter “StayToEnjoy”, arranges contracts between commercial providers and customers via its platform. The customer's sole contractual partner with regard to the goods or services offered is the respective provider.

Payment processing via the platform and the payment service provider used does not make StayToEnjoy the seller or service provider. StayToEnjoy does not assume any guarantee against payment default and provides no independent seller protection against chargebacks or payment fraud.

StayToEnjoy's own statutory and contractual obligations as well as obligations towards the payment service provider remain unaffected.

If a customer payment is charged back in whole or in part and StayToEnjoy is actually debited, the chargeback is attributed to the order or booking transaction concerned and to the respective provider.

For payments covering several providers, attribution is made on the basis of the following criteria, in this order and taking into account all available documents:

A missing proof of delivery or performance does not in itself establish a final attribution or responsibility.

A provider who is not affected is not charged merely because its service formed part of the same customer payment. No automatic allocation according to the value of goods or in equal shares takes place.

If an unambiguous attribution is not possible at the conclusion of the chargeback procedure, StayToEnjoy requests the providers involved in text form, stating the current facts, to comment and to submit available evidence. The clarification period for each provider is four weeks from receipt of this request.

The expiry of the clarification period does not in itself establish either an attribution or a reimbursement claim. A final charge under this provision requires a comprehensibly reasoned attribution.

As long as no sufficient attribution is possible, neither a provider-specific withholding nor a transfer reversal takes place on account of this unresolved transaction. The charge initially remains with StayToEnjoy. This does not constitute a guarantee against payment default. A later assertion of claims upon proven attribution and where a legal basis for the claim exists remains possible in compliance with the statutory provisions.

The payment period under Section 7 begins only upon receipt of a comprehensibly reasoned final statement. The evidence and cooperation deadlines in the ongoing chargeback procedure under Section 5 remain unaffected by the clarification period.

After the chargeback procedure has been finally lost, the provider reimburses the merchant share attributed to its transaction that it has already received, to the extent that StayToEnjoy has been debited accordingly.

This obligation also covers chargebacks due to payment fraud for which the provider is not at fault. There is no guarantee against payment default by StayToEnjoy.

Merchant shares not yet transferred are not paid out to the extent of the final chargeback. Partial chargebacks are taken into account proportionately.

To the extent that the charge was caused by a breach of duty for which StayToEnjoy is responsible, the provider does not bear it. In the case of shared responsibility, a corresponding proportionate attribution is made. Mandatory statutory liability provisions remain unaffected.

Repayments, transfer reversals and other compensation payments already made are credited. A double charge is excluded.

The payment service provider's decision on a chargeback does not conclusively determine the civil-law claims between provider and customer.

The provider reimburses the payment service provider's chargeback fees actually incurred, proven and directly attributable to its transaction, as well as original payment processing fees that were not refunded.

This applies only to the extent that these costs have not already been covered by other agreed fees or already charged to the provider.

To the extent that the costs were caused by a breach of duty for which StayToEnjoy is responsible, they are not imposed on the provider. In the case of shared responsibility, a corresponding proportionate attribution is made.

No additional flat-rate handling fees or separate charges for StayToEnjoy's own fraud prevention measures are levied on the basis of this provision.

If the payment service provider refunds fees previously passed on, these are credited to the provider accordingly.

StayToEnjoy fulfils the statutory and contractual obligations incumbent upon it in payment processing. These include in particular the proper integration of required payment authentication procedures, insofar as this lies within its area of responsibility, as well as the timely forwarding of relevant, available fraud indications and procedural information.

After becoming aware of it, StayToEnjoy informs the provider of the chargeback procedure, the transaction concerned and the evidence required.

StayToEnjoy specifies a concrete response deadline, taking into account the requirements of the payment service provider and the remaining processing time. The provider makes the order, delivery, booking or performance evidence available to it available within this deadline.

StayToEnjoy forwards evidence received in time within the framework of the available procedure. A successful defence against the chargeback is not promised.

A missed cooperation deadline does not in itself count either as an acknowledgement of a claim or as a final loss of the chargeback procedure.

During an ongoing chargeback procedure, StayToEnjoy may provisionally withhold the comprehensibly attributed merchant share not yet transferred, to the extent that this is necessary to secure a possible reclaim.

If this merchant share has already been transferred and StayToEnjoy has actually been debited, StayToEnjoy may provisionally reverse it to the extent necessary via a permissible transfer reversal procedure of the payment service provider.

The provisional reversal is limited to the merchant share concerned and to the balance of the connected account available for this reversal. It must not cause a negative balance. A technical balance check alone does not replace the verification of the reversal amount actually executed.

A remaining amount not covered by available balance is not asserted as a due reimbursement claim during the ongoing procedure. A permissible withholding under paragraph 1 remains possible. The final settlement is governed by Section 7.

The provider is informed of the reason, amount and provisional nature of every security measure. The measure does not constitute a final determination of a reimbursement obligation.

A blanket block of all payouts solely because of a single chargeback procedure does not take place.

If the reason for the security ceases to apply, the withholding is lifted without undue delay. To the extent that StayToEnjoy is not entitled to claim provisionally reversed amounts according to the outcome of the procedure, these are transferred back to the provider without undue delay.

If the transfer back via the payment service provider is not possible, StayToEnjoy pays the amount without undue delay to an account named and verified by the provider.

After the final conclusion of the chargeback procedure and sufficient clarification of the attribution, the provider receives a comprehensible final statement with:

A remaining reimbursement amount becomes due 14 calendar days after receipt of this final statement.

The expiry of the four-week clarification period under Section 2 does not automatically trigger this payment period.

StayToEnjoy may set off due reimbursement claims against claims of the same provider against StayToEnjoy that are ready for payout, provided that the statutory requirements are met.

The set-off is declared to the provider in text form, stating the claims and amounts concerned, and is shown in the statement.

No set-off against claims of other legal entities takes place, even if they have the same owner.

Insofar as technically and legally permissible, StayToEnjoy may reverse amounts already transferred via the payment service provider up to the amount of a due reimbursement claim. Each successful reversal reduces the claim accordingly.

If the reversal fails or is insufficient, the justified remaining amount remains owed for payment by bank transfer. A technical negative balance does not give rise to any additional or double claim.