Terms and Conditions for Agencies and Property Managers

§ 1 Scope

These Terms apply to all contracts concerning the use of the Platform between myNextDays and the User and to all services and modules provided through it.

Deviating, conflicting or supplementary terms of the User only become part of the contract if myNextDays has expressly agreed to them in text form.

§ 2 Subject matter and services

myNextDays provides the User with cloud-based software for managing holiday rentals and accommodation businesses. The scope of functions results from the current service description and includes in particular:

Each property created by the user on the platform is simultaneously listed on the platform's own marketplace myBestDays (mandatory channel). The user cannot deselect this channel individually; however, the user can remove a property from sale on all channels simultaneously at any time using the “Pause sales” function or delete it. A property only becomes visible on myBestDays once the user has published it and myNextDays has approved the listing; myNextDays may refuse or revoke approval for a valid reason. For bookings via myBestDays, the fee according to § 7 applies.

• management of properties, availability calendars and reservations (property management system),
• connection to third-party booking channels (e.g. Booking.com, Airbnb) via a channel manager,
• Publication of offers via the platform's own marketplace myBestDays (mandatory channel, see paragraph 2),
• creation of the User’s own websites via the integrated page builder,
• accounting, settlement and reporting functions including owner statements,
• guest communication and acceptance of payments via the integrated payment processing (§ 5).

§ 3 Registration, account and User information

Use of the Platform requires registration of an account. The User must provide accurate, current and complete information about themselves and their business upon registration and throughout the term of the contract, and must update it without undue delay whenever it changes.

Login credentials must be kept confidential and protected against access by third parties. The User must inform myNextDays without undue delay if there are indications of misuse of their account.

An account is not transferable. The User ensures that all persons using the account on their behalf comply with these Terms.

§ 4 Role of myNextDays in bookings

Accommodation contracts for the properties offered on the Platform, on connected third-party channels or on the User’s own website are concluded exclusively between the User (or the owner represented by the User) and the respective guest. myNextDays does not become a party to the accommodation contract.

The User is solely responsible for the accuracy and legality of the listing content (descriptions, photos, prices, availability, taxes and charges).

§ 5 Payment processing by Stripe

Payment processing services for agencies and property managers on myNextDays are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as an agency or property manager on myNextDays, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time.

As a condition of myNextDays enabling payment processing services via Stripe, you agree to provide myNextDays accurate and complete information about you and your business, and authorize myNextDays to share such information and transaction data related to your use of the payment processing services provided by Stripe.

The linked English contract text, as amended from time to time, governs the legal relationship with Stripe. The contracting Stripe entity for users in the European Economic Area is the Stripe company named in the Stripe Services Agreement (currently Stripe Payments Europe, Limited, Ireland). Stripe processes personal data in accordance with the Stripe Privacy Policy.

To satisfy statutory identification and verification obligations (including anti-money-laundering and “know your customer” requirements), myNextDays and Stripe may at any time request further information and supporting documents, in particular identity documents, information on beneficial owners and bank account details. If requested information or documents are not provided within the set deadline, acceptance of payments or payouts may be suspended in whole or in part until the information is complete.

§ 6 Payouts, chargebacks and negative balances

The payment flow depends on the booking channel. For bookings made through the User's own booking engine and for bookings via connected distribution portals, guest payments are received directly into the User's payment account; in these cases the User is the recipient of payment and the contracting party for the accommodation service vis-à-vis the guest (§ 4), and myNextDays never becomes the holder of these funds. myNextDays does not charge any percentage booking fee on such bookings; the commission for bookings via connected distribution portals is disclosed separately and invoiced in arrears.

For bookings made through the myNextDays booking portal, payment is processed via myNextDays. myNextDays retains the intermediation commission set out in the price list applicable from time to time, including the cost of payment processing, and forwards the remaining amount to the User in accordance with the paragraphs below. The fee for use of the software (§ 7) remains unaffected.

Payouts are made to the bank account provided by the User. myNextDays may adjust the payout schedule for risk reasons, in particular for new accounts, unusual transaction patterns or ongoing reviews.

Refunds to guests are borne economically by the User. Chargebacks and any resulting fees are borne by the User for bookings made through the User's own booking engine and through connected distribution portals, since the User is the recipient of payment in those cases; for bookings made through the myNextDays booking portal, myNextDays bears the chargeback risk, unless the chargeback results from a breach of duty by the User (in particular non-provision of, or material deviation in, the accommodation service). myNextDays is entitled to set off amounts to be borne by the User against future payouts.

If a negative balance arises on the User’s payment account, the User must settle it without undue delay. The User authorizes myNextDays and Stripe to debit negative balances from the bank account on file, to the extent legally permissible.

§ 7 Fees and invoicing

The fees for using the Platform result from the price list agreed at the time of contracting or from the individual offer. All prices are exclusive of applicable statutory taxes and are stated in the currency specified in the contract.

Transaction-based fees (e.g. payment or channel fees) may be withheld or set off directly when the respective transaction is processed.

If the User is in default of payment, myNextDays may, after prior notice, suspend access to the Platform until the outstanding amounts have been settled.

§ 8 Obligations of the User; own legal texts

The User ensures that their listings, content and business practices comply with the applicable laws, in particular accommodation, registration, tax and consumer-protection law at the location of the property. The User maintains all required permits, registrations and licences at their own responsibility.

The User is responsible for websites operated via the page builder and for their listings on the Platform; this includes in particular the User’s own guest terms and conditions, legal notice (imprint) and privacy information.

The following are prohibited in particular: publishing inaccurate or misleading listings, processing sham or fraudulent transactions, circumventing the payment processing under § 5 for bookings concluded via the Platform, and any use that impairs the security or availability of the Platform.

§ 9 Third-party booking channels

When connecting third-party channels (e.g. Booking.com, Airbnb), the terms of the respective channel operator additionally apply. The User concludes the contracts required for this with the channel operator directly.

myNextDays performs the technical synchronisation of availability, prices and booking data, but has no influence on the content, commissions or decisions of the channel operators and is not liable for their availability.

§ 10 Availability and further development

myNextDays provides the services with the diligence of a prudent business and aims for high availability of the Platform. Maintenance windows, further development and circumstances outside the control of myNextDays (e.g. outages at third-party providers) may temporarily limit availability.

myNextDays may further develop the Platform and change functions, provided that the purpose of the contract is not jeopardised and the change is reasonable for the User.

§ 11 Data and data protection

Where myNextDays processes personal data on behalf of the User when providing the Platform (in particular guest data), the parties enter into a data processing agreement pursuant to Art. 28 GDPR.

The User remains responsible for the lawfulness of the collection and processing of the data they contribute. Details of data processing by myNextDays are set out in the Platform’s privacy information; § 5 applies to data processing by Stripe.

§ 12 Use of artificial intelligence

myNextDays uses AI systems in individual functions, in particular for price recommendations (dynamic pricing), for suggested replies in the message inbox and for assistance in support. These functions generate suggestions; the decision to use them and the responsibility for that use rest with the User. Price recommendations do not replace the User’s own commercial assessment.

Within the platform, no AI system automatically responds to guests or users: every message generated by an AI is submitted to a human for review, who may or may not modify and send it. User support is provided by humans. This is distinct from the product advisor on our website: it answers prospective customers' questions about the scope of services immediately and without human approval, is not part of the platform, and is not subject to this agreement. Information provided by this advisor does not constitute a guarantee of a feature and does not supersede the provisions of these GTC and the current service description; Section 2 is authoritative. Details on data processing can be found in our data protection information.

If a natural person interacts directly with an AI system, this will be disclosed to them (Article 50(1) of Regulation (EU) 2024/1689 — the 'AI Act'); on our website's product advisor, this happens at the beginning of the dialogue. Texts generated or significantly altered by an AI system and passed on by the user to guests must be identified by the user, insofar as there is a legal obligation to do so.

myNextDays does not operate any AI systems that qualify as high-risk systems under Annex III of the AI Act, nor any practices prohibited under Article 5 of the AI Act. Input from the User and data relating to their guests are not used to train models without a separate mandate.

The User may not use the AI functions in order to create the impression of human communication towards guests where a disclosure obligation exists, or in order to issue legally binding declarations without their own assessment.

If the User connects their account to their own AI assistant (such as Claude by Anthropic) via the interface provided for that purpose, the following applies: the User concludes the contract for that service themselves and is responsible for its use. The connection constitutes their instruction to myNextDays to release the shared data to that service — including a transfer to a third country if the provider is established outside the European Union. The User ensures that they have a legal basis for this, that their own privacy information identifies the recipient and that the safeguards required for the transfer are in place.

For such a connection, the User uses an access plan for which the provider offers processing on behalf of the controller and excludes any use of the data to train models — in the case of Claude, these are the business plans (Team, Enterprise or API). Plans for private use regularly do not meet this requirement; they are therefore unsuitable for guest data. myNextDays cannot detect which plan the User is using and points this out in the consent dialogue.

In doing so, the User takes into account that content which they copy by hand from the user interface into an input field of the assistant is regularly not covered by the provider’s contractual restrictions — unlike the data retrieved via the interface.

Data originating from a booking portal is used by the User, including via the interface, only for the handling and servicing of the respective booking — not for the assessment of individuals, for profiling or for advertising. The portals stipulate this purpose limitation in their own terms.

§ 13 Complaints and mediation

myNextDays maintains a free internal complaint-handling system for business users pursuant to Article 11 of Regulation (EU) 2019/1150 (the “P2B Regulation”). Complaints — in particular regarding alleged breaches of these Terms, technical problems with a significant impact or measures taken by myNextDays against the User — may be submitted without any particular form to info@mynextdays.dk or via the support function in the application. Receipt is confirmed; processing takes place promptly and within a reasonable period, in straightforward cases usually within 14 days. The result is communicated to the User in plain language.

If no agreement is reached in the complaint procedure, myNextDays is willing to turn, together with the User, to the following mediators out of court (Article 12 of the P2B Regulation): (1) WIPO Arbitration and Mediation Center, 34 chemin des Colombettes, 1211 Geneva 20, Switzerland — proceedings also remotely and in several languages; (2) Voldgiftsinstituttet — Danish Institute of Arbitration, Kronprinsessegade 28, 1306 Copenhagen K, Denmark — the state in which the operator has its registered office.

The designation does not oblige the User to conduct mediation proceedings; the right to bring proceedings before a court remains unaffected. myNextDays contributes to the reasonable costs of a mediation; the allocation is governed by the rules of the respective mediator and by the circumstances of the individual case.

myNextDays publishes annual information on the volume of complaints, the processing times and the measures taken.

§ 14 Intellectual property

All rights in the Platform, its software and its content (except content contributed by the User) belong to myNextDays or its licensors. For the term of the contract, the User receives a simple, non-transferable right to use the Platform to the extent agreed in the contract.

The User grants myNextDays the simple usage rights to the content they contribute that are required to operate the Platform (in particular storage, reproduction, display and transmission to connected channels).

§ 15 Liability

myNextDays is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health.

In cases of simple negligence, myNextDays is only liable for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract. Liability under product liability law and under guarantees assumed remains unaffected.

For loss of data, myNextDays is only liable to the extent that the damage would also have occurred if the User had performed proper, regular data backups, unless the data backup is contractually the responsibility of myNextDays.

§ 16 Term, termination and suspension

Term and notice periods result from the respective contract. The right to extraordinary termination for good cause remains unaffected.

myNextDays may temporarily suspend access to the Platform or individual functions (including acceptance of payments and payouts) if there are concrete indications of a breach of these Terms, of fraud or of abusive use, or if myNextDays is required to do so by law or by order of a payment service provider. The User will be informed of the suspension to the extent legally permissible.

After the end of the contract, myNextDays will, on request, make the User’s data available for export in a common format within 30 days; thereafter the data will be deleted unless statutory retention obligations require otherwise.

§ 17 Changes to these Terms

myNextDays may amend these Terms with effect for the future where this is necessary for valid reasons (in particular changes in legislation, case law or requirements of payment service providers) and the User is not unreasonably disadvantaged as a result.

Amendments will be announced to the User in text form at least six weeks before they take effect. If the User does not object within the announcement period or continues to use the Platform after the amendments take effect, the amended Terms are deemed accepted; the announcement will specifically point out this consequence.

§ 18 Final provisions

The law of the state in which the operator has its registered office applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which the User has its registered office remain unaffected.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is — to the extent legally permissible — the registered office of the operator.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.