Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of MyPerfectStay — the myperfectstay.com website and the MyPerfectStay mobile apps for iOS and Android (together, the “Service”). The Service is operated by CloudCops GmbH, Amselweg 20, 33758 Schloß Holte-Stukenbrock, Germany (HRB 45483 Amtsgericht Bielefeld; VAT-ID DE363782439) (“we”, “us”). By creating an account or using the Service you accept these Terms.

1. What MyPerfectStay is

MyPerfectStay is a group-trip planning platform. It lets you discover destinations, plan trips with friends or family, vote on options, and book travel-related activities and experiences. We do not own or operate the activities you can browse and book through the Service; we provide the planning layer and the technical platform connecting you to third-party suppliers.

2. Two booking models — important to understand

The Service offers travel activities through two distinct models. The model that applies to a given booking is shown clearly at checkout and on the booking confirmation.

(a) Affiliate model (default for activities). For most activities, MyPerfectStay acts as an affiliate referrer. The booking contract is formed directly between you and the relevant supplier (currently Viator, operated by Tripadvisor LLC). The supplier is the merchant of record. The supplier takes payment, issues the booking confirmation, sets the cancellation policy, and is responsible for performing the activity. We receive a commission from the supplier; you do not pay us. The supplier’s own terms and conditions apply in addition to (and, in case of conflict regarding the booking itself, take precedence over) these Terms for that booking.

(b) Direct model (where indicated). For MyPerfectStay-direct bookings (clearly labelled at checkout), we are the merchant of record and take payment through our payment processor (Stripe). In that case the booking contract is between you and CloudCops GmbH, and these Terms govern the contract in full. The performance of the underlying activity may still be delegated to a supplier; we will identify the supplier on the booking confirmation.

3. Eligibility and account

You must be at least 18 years old and have full legal capacity to create an account and make a booking through the Service. You agree to provide accurate, complete information and to keep your account credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at legal@myperfectstay.com if you suspect unauthorised access.

4. How a booking is made

Listings on the Service are an invitation to treat, not an offer. You make an offer when you submit a booking through checkout. For affiliate bookings (§ 2 (a)), the contract is concluded when the supplier confirms availability and accepts the booking; we forward the supplier’s confirmation to you. For direct bookings (§ 2 (b)), the contract is concluded when we send you the booking confirmation. Before you submit a booking we display the total price, the booking dates, the cancellation policy that will apply, and — pursuant to § 312j (3) BGB — a button that is clearly labelled to make the obligation to pay unambiguous.

5. Prices, currency, fees

Prices shown on the Service include applicable VAT where shown. The Service may display prices in your local currency for convenience using a third-party exchange rate; the price you are charged at checkout is the price in the currency confirmed on the order summary. For affiliate bookings, the final charge appears on your statement under the supplier’s merchant name, not ours.

6. Payments

Affiliate bookings. Payment is taken by the supplier through its own payment processor at the supplier’s checkout. We do not see, store, or process your card details.

Direct bookings. Payment is processed by Stripe Payments Europe Ltd. We never see your full card number or CVC; Stripe tokenises payment instruments. You authorise the charge to your selected payment method when you confirm the order.

7. Cancellation and refunds

The cancellation policy for each activity is displayed on the activity page and again at checkout before you confirm. For affiliate bookings the supplier’s cancellation policy applies and refunds are processed by the supplier on the supplier’s timeline. For direct bookings the cancellation policy shown at checkout is binding; refunds for direct bookings are processed by us back to the original payment method, usually within 14 days of the cancellation taking effect.

8. Statutory right of withdrawal (Widerrufsrecht)

Most activities and experiences offered through the Service are tied to a specific date or period and are therefore exempt from the 14-day statutory right of withdrawal pursuant to § 312g Abs. 2 Nr. 9 BGB. This statutory exemption covers contracts for the provision of services in the areas of accommodation other than for residential purposes, transport of goods, motor-vehicle rental, delivery of food and beverages, and services connected with leisure activities, if the contract provides for a specific date or period of performance. Where this exemption applies, you have no 14-day right to cancel without cause; cancellation is governed solely by the cancellation policy displayed at checkout (§ 7 above). The applicable cancellation policy is shown clearly before you complete the booking.

Where you book a service that is not tied to a specific date or period, and that is otherwise within the scope of the statutory right of withdrawal, we will display the corresponding withdrawal instruction (Widerrufsbelehrung) and the model withdrawal form at checkout. This paragraph does not apply to affiliate bookings, where the supplier’s own withdrawal instruction applies.

9. Group features and user content

The Service includes group-trip features: shared trip plans, destination voting, comments, and saved itineraries. Members of a trip can see one another’s display names, profile photos, and the votes and comments you contribute to that trip. You retain ownership of the content you create. You grant us a non-exclusive, royalty-free, worldwide licence to host, display, and transmit your content as needed to operate the group-trip features for the trip in which you posted it. You may delete your content (and your account) at any time.

10. Acceptable use

You agree not to:

• harass, threaten, or impersonate other users or third parties;
• upload content that infringes intellectual-property rights, personality rights, or applicable law;
• attempt to interfere with the Service’s integrity (e.g. scraping, denial-of-service, reverse engineering beyond what applicable law permits);
• use the Service to send unsolicited commercial communications, spam, or chain messages;
• misrepresent your affiliation with any person, entity, or supplier.

11. Suspension and termination

You may close your account at any time from the in-app settings or by emailing privacy@myperfectstay.com. We may suspend or close accounts that breach these Terms or that we reasonably believe are being used for fraud or abuse. Where reasonable and lawful, we will give you advance notice and an opportunity to remedy. Statutory rights of termination for cause remain unaffected.

12. Our role and limitation of liability

For affiliate bookings (§ 2 (a)), we are not a party to the booking contract and we are not liable for the performance, cancellation, quality, safety, or any other aspect of the activity as performed by the supplier. The supplier is solely responsible for the activity it provides. We are liable only for our own platform: the discovery, planning, and referral functions of the Service.

For direct bookings (§ 2 (b)), we are the merchant of record and assume the corresponding contractual obligations.

Statutory liability. We are liable without limitation:

• for damages caused intentionally or by gross negligence;
• for injury to life, body, or health (§§ 309, 310 BGB);
• for breach of cardinal contractual obligations (Kardinalpflichten) — i.e. obligations whose fulfilment is essential for the proper performance of the contract and on whose observance you may regularly rely;
• under the German Product Liability Act (Produkthaftungsgesetz); and
• under any guarantee we have expressly assumed.

For other breaches caused by simple negligence, our liability is limited to typical, foreseeable damages. We are not liable for indirect, consequential, or loss-of-profit damages caused by simple negligence. Where our liability is limited under this section, the same limitation applies to the personal liability of our legal representatives, employees, and agents.

13. Force majeure

Neither we nor (for affiliate bookings) the supplier is liable for failures or delays in performance caused by events beyond reasonable control, including natural disasters, pandemics, acts of public authority, strikes, infrastructure outages, war, or terrorism. Statutory consumer rights remain unaffected.

14. Changes to these Terms

We may update these Terms occasionally — for example to reflect new features, regulatory changes, or processor changes. Material changes will be announced inside the Service and via email to active users at least 30 days before the new version takes effect; you may close your account before that date if you do not agree. Non-material changes (typos, clarifications) take effect immediately on publication.

15. Governing law and jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the rules of conflict of laws. If you are a consumer (Verbraucher) with habitual residence in another EU/EEA member state, the mandatory consumer-protection rules of that state still apply to the extent more favourable to you.

The place of jurisdiction for disputes with merchants, legal persons under public law, or special funds under public law is the registered seat of CloudCops GmbH (Bielefeld). For consumers, statutory venues apply.

16. EU online dispute resolution

The European Commission provides a platform for online dispute resolution under Regulation (EU) 524/2013, available at ec.europa.eu/consumers/odr. Our email address for legal matters is legal@myperfectstay.com. We are neither obliged nor willing to participate in dispute settlement procedures before a consumer arbitration board within the meaning of § 36 VSBG.

17. Severability

If any provision of these Terms is or becomes invalid, the remainder of the Terms remains in force. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision. The same applies to any gap (Regelungslücke).

18. Contact

CloudCops GmbH, Amselweg 20, 33758 Schloß Holte-Stukenbrock, Germany
legal@myperfectstay.com