Legal
Terms of Service
General Terms and Conditions (GTC) for the Use of the N824 PMS & Channel Manager (SaaS)
(The term “N824” refers to the brand and the service, operated by N824 GmbH i. G., Ettlinger Straße 22, 76337 Waldbronn, Germany.)
1. Scope, Definitions
1.1 These GTC govern the use of the cloud-based Property Management System and Channel Manager (hereinafter “N824 Service” or “Service”) by commercial customers (“Hosts”), in particular operators of apartments, holiday rentals and other accommodation. They apply exclusively in the B2B context; consumers within the meaning of Sec. 13 German Civil Code (BGB) do not conclude a contract for the N824 Service.
1.2 The contracting party is N824 GmbH i. G., acting under the brand N824, and upon its registration in the commercial register N824 GmbH (“N824”). Host means the natural or legal person who creates a user account and uses the N824 Service to manage its accommodation and bookings. Guests are the Host’s end customers (accommodation customers).
1.3 Conflicting or deviating terms and conditions of the Host shall not apply unless N824 expressly agrees to their application in text form.
2. Subject Matter of the Contract and Description of Services
2.1 N824 provides the Host with the N824 Service as Software-as-a-Service (SaaS) via the Internet. The N824 Service includes in particular:
- Management of properties, units, rates and availability (PMS functions),
- Booking and guest management,
- Connection to online travel agencies and other distribution channels (e.g. major booking platforms) via technical interfaces,
- Connection to external services such as payment service providers, pricing tools and other third-party services,
- Reporting and analytics functions, and
- optional AI-based functions (e.g. forecasts, automation, text suggestions).
2.2 The specific scope of services, such as available modules, interfaces, storage capacity, number of users/properties, is described in the respective offer, order process or plan. Any additional service descriptions and SLA provisions shall apply if agreed separately.
2.3 N824 owes the operational availability of the N824 Service at the handover point (router output of the data centre used). The Host is responsible for its own Internet connection, end devices and browser.
2.4 Consulting, customisation, integration, migration, training or other project-based services are only owed if they are agreed and remunerated separately.
3. Conclusion of Contract, Account and Term
3.1 The contract is concluded by
- the Host registering and completing the online order process (e.g. clicking “Order now” / “Subscribe”), or
- N824 accepting an individual offer in text form.
3.2 The Host is obliged to provide complete and truthful information during registration and to keep this information up to date during the term of the contract.
3.3 Unless otherwise agreed, the contract is concluded for an indefinite period with an initial term of 12 months and a notice period of 1 month to the end of the respective term period. If no timely notice of termination is given, the contract is automatically renewed for further periods of 12 months.
3.4 Test or demo accounts may be limited in time and functionality. They serve solely for evaluation; there is no entitlement to a specific availability or data migration from test environments to productive systems unless expressly agreed.
4. Prices, Payment Terms
4.1 The fees (e.g. monthly or annual licence fees, usage-based fees, setup/onboarding costs) are set out in the applicable price list, offer or individually agreed plan.
4.2 Prices are quoted net plus statutory VAT. Any public charges or fees (e.g. payment processing charges of payment service providers) may be charged additionally.
4.3 Unless otherwise agreed, N824 invoices the fees in advance (monthly or annually). Invoices may be made available electronically or sent by email.
4.4 Payments are due without deduction within the period stated on the invoice (as a rule 14 days). In the event of default, statutory provisions apply; N824 is entitled to charge default interest and dunning costs and, after prior notice, temporarily suspend access to the N824 Service.
4.5 N824 is entitled to reasonably adjust prices for ongoing contracts, in particular in the event of changes in market conditions or increased costs of third-party providers. Price changes will be notified to the Host in text form at least 4 weeks prior to taking effect; if the Host does not accept a price change, it may terminate the contract with effect from the date of adjustment.
5. Use of the N824 Service, Duties of the Host
5.1 N824 grants the Host a simple, non-transferable and non-sublicensable right of use to the N824 Service for the term of the contract, limited to the number of properties, units, users and other parameters agreed in the contract/plan.
5.2 The Host may use the N824 Service only for its own business purposes. Use for or by third parties (e.g. resale of the N824 Service as an independent SaaS without a separate partner agreement) is prohibited, unless N824 has expressly approved this as a partner/reseller model.
5.3 The Host is obliged to
- keep its access data strictly confidential and only provide it to authorised employees,
- ensure that all content entered into the N824 Service (e.g. property descriptions, images, texts) is lawful (in particular does not infringe third-party rights, contains no unlawful content),
- independently comply with all applicable legal requirements for its offering (including price display, consumer protection, tax and registration obligations).
5.4 The Host may not use any technical measures that impair the functionality or security of the N824 Service (e.g. automated mass access, unlawful API use, circumvention of security mechanisms).
5.5 In case of suspected misuse or a security incident (e.g. compromised passwords), the Host shall notify N824 without delay. The Host shall report disruptions and errors to N824 without undue delay in text form (e.g. by email, ticket system) and shall cooperate reasonably in error analysis and remediation.
6. Availability, Maintenance and Support
6.1 N824 aims to provide high availability of the N824 Service. Unless otherwise agreed, the targeted availability is at least 99% on an annual average during normal service hours, excluding agreed maintenance windows and periods of force majeure.
6.2 To ensure secure and performant operation, N824 performs regular maintenance work and updates. Where possible, these are scheduled outside peak usage times; in case of planned measures that affect availability, the Host will be informed in advance.
6.3 N824 may further develop the N824 Service (e.g. new features, UI changes, changes or extensions of connected third-party services). The Host has no entitlement to a specific set of features as long as the main purpose of the contract is preserved.
6.4 N824 provides a support service (e.g. via email, ticket system). The scope, response times and service hours may be specified in a separate SLA.
7. Integration of Third-Party Services (Channels, Payment Services, Tools)
7.1 The N824 Service can technically integrate third-party services (e.g. online distribution channels, payment service providers, pricing tools, external PMS). The performance of such third-party services is governed by separate contractual terms between the Host and the respective third-party provider; N824 does not become a party to these contracts.
7.2 The Host is responsible for
- entering into separate contracts and creating accounts with the respective third-party providers,
- complying with their terms and privacy policies, and
- correctly linking and maintaining its access credentials within the N824 Service.
7.3 N824 is responsible for the proper transmission and processing of data within the scope of the technical interfaces, but is not responsible for
- content, decisions or behaviour of third-party systems,
- their availability, SLAs or errors, and
- any contractual breaches or privacy violations by third-party providers.
7.4 The Host acknowledges that some third-party providers may be based outside the EU/EEA and that data transfers to third countries may occur in the context of these integrations. Details are set out in the privacy notice and, where applicable, in the data processing agreement.
8. Data, Data Protection and Data Processing
8.1 N824 processes personal data of Hosts (e.g. contact data, log data) as controller within the meaning of Art. 4(7) GDPR. At the same time, N824 processes personal data of Guests on behalf of the Host (e.g. booking data, stay data) to the extent processed within the N824 Service.
8.2 For the processing of guest and booking data as processor, N824 and the Host conclude a data processing agreement (DPA) in accordance with Art. 28 GDPR (separate document). This agreement covers in particular:
- subject matter and duration of processing,
- nature and purpose of data processing,
- categories of data subjects and data,
- technical and organisational measures,
- use of sub-processors (e.g. hosting provider, interface provider, payment providers),
- data transfers to third countries (including appropriate safeguards such as standard contractual clauses),
- rights and obligations of the Host.
8.3 N824 provides a privacy notice that informs about the processing of personal data in the context of the N824 Service, including data subject rights, retention periods and third-country transfers.
8.4 The Host is solely responsible for the lawful collection of guest data, for informing data subjects (its own privacy notices to guests) and for compliance with any applicable reporting and retention obligations (e.g. registration forms, tax retention).
9. Warranty and Liability
9.1 In the B2B context, N824 does not warrant any specific quality beyond what has been expressly agreed. Usual deviations, minor defects or temporary impairments that do not significantly affect the purpose of the contract do not constitute defects.
9.2 The Host shall notify N824 of disruptions and errors without undue delay in text form and shall reasonably cooperate in error analysis and remediation.
9.3 N824 is liable without limitation for
- damage arising from injury to life, body or health caused by a breach of duty by N824, and
- damage caused by wilful misconduct or gross negligence on the part of N824, its legal representatives or vicarious agents.
9.4 In case of slightly negligent breaches of duty, N824 is only liable for the breach of essential contractual obligations (cardinal obligations) and only for the typical foreseeable damage. Cardinal obligations are duties the fulfilment of which is essential for the proper performance of the contract and on whose observance the Host regularly relies.
9.5 The aggregate liability of N824 for slightly negligent breaches of duty is limited to the total amount of fees paid by the Host to N824 in the 12 months preceding the damaging event. For free test accounts, N824’s liability is limited to a maximum of EUR 20.
9.6 N824 shall not be liable for loss of profit, indirect damages, consequential damages or for the availability, freedom from defects or legal compliance of connected third-party services, unless mandatory law requires otherwise.
9.7 Any mandatory liability under the German Product Liability Act remains unaffected.
10. Termination and Data Migration
10.1 Upon termination of the contract, the Host’s right to use the N824 Service ends; access will be deactivated. The Host is obliged not to use any locally stored software modules, access data or confidential information of N824 after termination.
10.2 The Host is responsible for exporting relevant data (e.g. booking, guest and billing data) from the N824 Service in good time before termination, to the extent this is possible via the export/API functions provided. N824 may provide supporting functions for this but does not owe a comprehensive data migration unless agreed separately.
10.3 After termination of the contract, N824 may delete or anonymise personal data within the retention periods defined in the DPA and the privacy notice, subject to statutory retention obligations.
11. Confidentiality
11.1 Both parties undertake to treat as confidential all information that becomes known in the course of the contractual relationship (in particular trade secrets, technical details, customer data) and to use it only for the purposes of performing the contract.
11.2 This obligation continues to apply after termination of the contract as long as there is a legitimate interest in confidentiality.
12. Amendments to these GTC
12.1 N824 may amend or supplement these GTC for the future if there is a legitimate reason (e.g. change in the legal situation, adaptation to new technical or economic developments).
12.2 N824 will inform the Host of amendments to the GTC in text form. If the Host does not object to the amendments within 6 weeks in text form (e.g. by email) from receipt of the notice, the amendments shall be deemed accepted. N824 will expressly point out this legal consequence in the amendment notice.
12.3 In the event of a timely objection, N824 may terminate the contract with an appropriate notice period.
13. Final Provisions
13.1 These GTC are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
13.2 If the Host is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with these GTC and the contractual relationship shall be the registered office of N824 (currently Waldbronn, Germany). N824 is, however, entitled to bring an action against the Host at the Host’s general place of jurisdiction.
13.3 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid provision, the parties shall agree on a provision that comes closest to the economic purpose of the invalid provision.
(End of GTC – version 2026-09-22)