9. Complaints and Our Responsibility and Liability to You
For Users based in Germany and Austria the following limitation of liability set out in Section 8(i) shall apply:
(i) For slightly negligent breach of material contractual obligations – or “cardinal obligations”
HouseTrip’s liability shall be limited in the amount to the damage typically foreseeable at the time of the conclusion of the contract. Material contractual obligations (or “cardinal obligations”) are those obligations which put the User into exactly this legal position to which he shall be entitled pursuant to contents and purpose of the contractual terms as well as such obligations, whose performance only will make possible proper performance of the contract and on whose full compliance the User regularly relies and is entitled to rely.
HouseTrip accepts no liability for the slightly negligent breach of obligations other than those listed above.
Otherwise the User’s statutory claims for damages remain unaffected unless they are limited by a contractual provision individually agreed by the parties.
The aforesaid limitation of liability shall not apply in cases of mandatory statutory liability (in particular under the terms of the Product Liability Act (Produkthaftungsgesetz)), malicious concealment of a defect, on assumption of a guarantee or culpable personal injury by HouseTrip.
The User undertakes to take appropriate steps to prevent and mitigate damage.
For Users based in countries other than Germany and Austria the following limitation of liability set out in Section 8(ii) shall apply:
(ii) Our Liability to Guests
If You have a problem during your stay, please inform the Host immediately. Since Your booking is a contract direct between You and the Host, the Host will have sole discretion in deciding how to deal with Your complaint. As a Guest, You will also be asked and entitled to leave a review about the listed property on our Site. You will however be solely responsible to resolve any dispute arising out of or related to the stay directly with the Host. Any refunds beyond the cancellation policies set out in Section 5 above will be at the Host’s discretion.
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us as a consumer that cannot be excluded or limited by law. Any claims arising out of Your stay in a Host’s accommodation must be brought against the Host.
To the fullest extent permitted by law, We exclude all representations and warranties relating to the rental property that is the subject of Your booking with a Host.
Our Liability to Hosts
We only accept responsibility for any injury, illness or death, if caused by our own negligence and liability in respect of statutory rights that You may have against Us and that cannot be excluded or limited by law. Any claims arising out of the Guest staying in Your property must be made against the Guest.
Exclusions and limitations
We cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. We reserve the right to cancel any booking affected by such circumstances.
Our aggregate liability to Guests and Hosts under or in relation to these Terms and/or any bookings made through the Site is limited to a maximum of three times the value of the booking in question. This limit does not apply to cases involving death or personal injury caused by our negligence.
To the extent permitted by law, We hereby exclude: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect or consequential loss or damage incurred by any Host or Guest in connection with any booking including loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and loss of goodwill, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability that cannot be excluded or limited under applicable law.