Hotel Services Terms

1. Customer and authority

The organization accepting these Terms is the customer. Its accepting representative confirms authority to bind it. The customer must keep its legal, billing, property, offer, and administrator information accurate and promptly remove access that is no longer appropriate. The customer must ensure that access is assigned to individual users and must not permit shared accounts or credentials.

Before inviting or approving a person as a member or otherwise granting access, the customer must take reasonable and appropriate steps to verify the person's identity, the accuracy of the information provided, the person's current employment, affiliation, or other entitlement, and their legitimate need for the access granted. The customer must keep invitations, memberships, and permissions under appropriate review, promptly revoke invitations or restrict or remove access when the relevant relationship, eligibility, or need for access ends, and take reasonable and appropriate measures to prevent unrelated or unauthorized persons from being invited, becoming members, or obtaining access.

The customer is responsible for the acts and omissions of its administrators, members, personnel, contractors, and other persons using access granted or approved by the customer as if they were acts and omissions of the customer. This does not apply to unauthorized access that the customer could not reasonably prevent and reports promptly.

2. Service, customer obligations, and compliance

Frinbe provides software for private accommodation and work-stay programs. The customer remains the accommodation provider and is responsible for availability, guest communication, on-site service, taxes, licenses, employment or placement obligations, and compliance with applicable law. The customer must not use the service unlawfully, interfere with its security, or upload content it has no right to use.

Throughout the agreement, the customer represents that it has the authority and rights to operate each property, offer the accommodation, and provide its content to Frinbe. It will maintain required registrations, licenses, permits, and authorizations and comply with laws applicable to its properties, offers, and stays, including accommodation, health and safety, tax, consumer-protection, and nondiscrimination requirements. Where Frinbe has a credible legal or safety concern, the customer will provide reasonable evidence of compliance. The customer must not cause Frinbe to violate applicable law.

3. Offers, confirmed bookings, and guest remedies

The customer controls its properties and rate plans. Information shown to users must be complete and not misleading. Unless the booking flow expressly states immediate confirmation, a submitted request is not confirmed until the customer accepts it. Any cancellation, deposit, no-show, or other material guest term must be disclosed before the accommodation contract is formed.

Where a displayed price is indicative, it is a minimum. The customer must agree the final price with the guest, through Frinbe messaging or otherwise, before confirming, and must not confirm a booking at a price or under conditions the guest has not expressly agreed.

The customer must honor each confirmed booking at the price and under the material conditions displayed when it was confirmed. If the customer cannot provide the confirmed stay, it must notify the guest and Frinbe without undue delay, communicate directly with the guest, refund amounts it collected where required, and offer a reasonably comparable alternative where practicable. Frinbe may assist with communication without becoming responsible for the accommodation or the customer's remedy.

4. Fees, invoices, and taxes

Fees are those in the applicable order. If no order specifies fees, no fees are payable for the service as provided. Unless the applicable order says otherwise, prices exclude applicable VAT and invoices are due within 30 days of issue. The customer must raise a good-faith invoice dispute promptly and pay undisputed amounts on time. Frinbe may suspend paid features for materially overdue undisputed amounts after reasonable notice.

5. Content, privacy, and data sharing

The customer retains its rights in content and grants Frinbe the limited rights needed to host, process, display, and transmit it for the service.

Each party acts in principle as an independent and separate controller for the personal data it processes in connection with the service, in that capacity determines the purposes and means of that processing, and is responsible for its own compliance with applicable data-protection law. Neither party processes personal data on behalf of the other. If a situation leads the parties to jointly determine the purposes and means of a given processing, each party is responsible for determining its respective responsibilities under applicable data-protection law. Where Frinbe processes personal data on the customer's documented instructions, the parties will agree the applicable terms in writing.

Frinbe determines the purposes and means of processing needed to provide and operate its platform, including accounts, eligibility, booking and messaging workflows, platform security, fraud and abuse prevention, support, service improvement, legal compliance, and claims. The customer independently determines its processing for property and offer administration, managing its personnel and access, handling requests and reservations, communicating with guests, providing accommodation, and meeting its own legal obligations.

Each party is responsible for its own legal basis, transparency, accuracy, retention, security, and handling of data-subject requests. The customer may use reservation and message data received through Frinbe only as necessary to manage the request, provide the accommodation, comply with law, protect safety, prevent fraud, and handle related support or claims, unless it has an independent lawful basis for another use.

Each party will apply appropriate technical and organizational safeguards, limit access to authorized persons, and notify the other without undue delay of a security incident that materially affects personal data exchanged through the service. The parties will provide reasonable cooperation for relevant data-subject or authority requests. Privacy and incident notices to Frinbe may be sent to privacy@frinbe.com. International transfers must use a safeguard required by applicable data-protection law.

6. Availability, suspension, and force majeure

Frinbe will operate the service with reasonable care but does not promise uninterrupted availability. Maintenance, security work, and third-party dependencies may affect access. Material changes that adversely affect an active paid service will be communicated in advance where reasonably possible.

Frinbe may immediately restrict or suspend the affected account, membership, customer organization, property, or feature where reasonably necessary because the customer granted or approved access without the checks required by Section 1, an unauthorized person obtained access, or because of suspected fraud, a serious safety or security risk, unlawful use, materially inaccurate or misleading information, serious misuse of personal data, a material or repeated failure to honor confirmed bookings, materially overdue undisputed amounts, or a legal or regulatory requirement. Where practicable, Frinbe will explain the reason, allow a reasonable opportunity to remedy it, limit the measure to what is affected, and restore access when the reason has been resolved.

Neither party is liable for delay or failure caused by circumstances beyond its reasonable control, provided the affected party informs the other promptly and takes reasonable steps to mitigate the effects. This does not excuse accrued payment obligations or obligations that can still reasonably be performed.

7. Confidentiality

Each party will protect non-public business, technical, and commercial information received from the other, use it only for the relationship, and disclose it only to people who need it and are bound by suitable duties. This does not cover information that is public without breach, independently developed, or lawfully received from another source.

8. Term and termination

The applicable order governs duration and ordinary termination. If no order specifies a duration, the agreement continues indefinitely and either party may terminate it for convenience with 30 days' written notice. Frinbe may discontinue a free or trial service, or a feature of it, with reasonable notice for legitimate operational or commercial reasons. Either party may terminate for a material breach not cured within 15 days after written notice. A party may terminate immediately where cure is impossible, continued service would be unlawful, or insolvency law permits. Frinbe may also terminate immediately for fraud or a serious safety or security risk attributable to the customer. Frinbe may terminate the customer's access and agreement immediately where a violation of Section 1 is intentional, reckless, serious, repeated, or incapable of cure, or where the customer fails to investigate, cooperate, or remedy the violation promptly.

A person or organization whose access has been restricted, suspended, or terminated must not create or use another account, organization, invitation, or application to evade that measure. Frinbe may reject, restrict, suspend, or terminate access used for such circumvention.

Termination does not remove accrued payment obligations or cancel a confirmed accommodation contract between the customer and a guest. The customer remains responsible for honoring or resolving confirmed bookings under Section 3. Sections 5, 7, 9, and 10, and any provision that by its nature must continue, survive termination.

9. Liability and indemnity

Statutory warranties apply only to the extent they cannot lawfully be excluded. To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential loss, including lost profits, revenue, opportunity, or goodwill.

To the maximum extent permitted by law, Frinbe's aggregate liability to the customer arising out of or relating to the agreement will not exceed the fees paid or payable by the customer to Frinbe during the 12 months preceding the event giving rise to the claim. During a no-fee period, this amount may be zero. A liability cap expressly agreed in an order replaces this cap.

These exclusions and limitations do not restrict the customer's payment or indemnity obligations or liability that cannot lawfully be excluded or limited, including liability for intentional misconduct, gross negligence, or personal injury where applicable.

The customer will indemnify and hold Frinbe and its personnel harmless from third-party claims, liabilities, damages, fines to the extent legally recoverable, and reasonable costs, including legal fees, to the extent caused by: inaccurate or misleading customer information or content; the accommodation or on-site services; cancellation, overbooking, or failure to honor a confirmed booking; the customer's violation of law or third-party intellectual-property or privacy rights; or acts or omissions of its personnel or contractors. This does not apply to the extent caused by Frinbe's breach, intentional misconduct, or gross negligence.

Frinbe will notify the customer reasonably promptly of an indemnified claim and provide reasonable cooperation at the customer's cost. The customer may control the defense with qualified counsel but may not admit liability for Frinbe or settle on terms imposing a payment, admission, or non-monetary obligation on Frinbe without Frinbe's prior consent, not to be unreasonably withheld. Delayed notice reduces the customer's obligation only to the extent it is materially prejudiced.

10. General

Neither party may assign the agreement without the other's consent, except as part of a merger, reorganization, or transfer of substantially all relevant business, provided obligations continue. If a provision is unenforceable, the remainder stays effective. Swiss law applies, excluding conflict-of-law rules, and the courts at Frinbe's registered seat, currently in the Canton of Lucerne, have jurisdiction unless mandatory law requires otherwise. If the English and German versions conflict, the English version prevails.

The agreement, including the applicable order and the documents it incorporates, is the entire agreement between the parties on its subject matter and replaces earlier understandings about it. A delay in enforcing a right is not a waiver of that right. The parties are independent contractors, and nothing in the agreement creates a partnership, agency, or employment relationship. Notices must be in writing and may be sent by email to the address each party has provided for that purpose. Acceptance by electronic means is binding.