Terms of Service

Version: 2026-09-23

1. Operator, scope and definitions

1.1 Leihnachbar is an online marketplace for the temporary rental of movable items. The platform at https://leihnachbar.de is operated by:

Grundwerk Technologies UG (haftungsbeschränkt) Bretonischer Ring, 4-6a
85630 Grasbrunn
Deutschland Geschäftsführer: Grigorii Budakov-Shetelia
Email: finanz@leihnachbar.de

hereinafter “Leihnachbar”, “we”, “us” or “our”.

1.2 These Terms and Conditions (“Terms”) govern

1. the use of the Leihnachbar platform by registered users;
2. the marketplace, payment, communication and documentation services provided by Leihnachbar;
3. the standard terms applicable to rental agreements entered into between Lenders and Renters through Leihnachbar; and
4. additional terms applicable to Business Lenders.

1.3 “Lender” means a user who offers an item for rent.

1.4 “Renter” means a user who requests or completes a rental through Leihnachbar.

1.5 “Private Lender” means an individual acting outside a trade, business or profession.

1.6 “Business Lender” means an individual or legal entity acting for purposes relating to its trade, business, craft or profession.

1.7 “Consumer” and “Trader” have the meanings assigned to them under applicable German and EU consumer law.

1.8 The information displayed for a particular booking, including the item, rental period, Rental Price, Lender Payout, fees, Security Deposit and expressly incorporated additional conditions, forms part of that booking.

Part A – Use of Leihnachbar

2. Leihnachbar's role

2.1 Leihnachbar provides a technical online marketplace through which Lenders and Renters can get in touch and conclude rental agreements.

2.2 The rental agreement for an item offered on the platform is concluded exclusively between the respective Lender and the Renter. Leihnachbar becomes neither lender nor renter and in particular owes neither the handover nor the return of the item.

2.3 In particular, Leihnachbar generally does not possess the items offered on the platform and gives no general guarantee that a user, listing or item will meet another user's expectations.

2.4 Leihnachbar supports the transaction in particular through

• presentation and search of listings,
• booking and communication functions,
• concluding the rental agreement on behalf of the Lender (section 7),
• the technical integration of the payment service provider Stripe, through which Renters pay directly into the Lender's Stripe account (section 9),
• identity and, where applicable, business verification,
• handover and return documentation,
• photo and messaging functions,
• handling the Security Deposit as a reservation on the Renter's payment method (section 17),
• review functions and
• administrative support in disputes.

2.5 In concluding and administering rental agreements, Leihnachbar acts exclusively as the Lender's authorised representative (sections 7 and 9). Leihnachbar is granted no authority to make declarations on behalf of the Renter. Where Leihnachbar otherwise relays declarations between Lender and Renter technically, it does so as a communication service.

2.6 Leihnachbar provides no payment services and holds no funds of Renters or Lenders. Payments are processed by Stripe directly between the Renter and the Lender's Stripe account (section 9).

3. Registration and accounts

3.1 An account is required to make bookings or list items.

3.2 Users must be at least 18 years old and have full legal capacity.

3.3 A user may normally maintain only one personal account unless Leihnachbar expressly permits multiple or corporate accounts.

3.4 Information supplied during registration and use of the platform must be complete and accurate. Material changes must be updated without undue delay.

3.5 Users must verify their email address. Leihnachbar may also verify a mobile number, address, payment details or other information.

3.6 Where the total value of a booking including the Security Deposit exceeds EUR 100, Leihnachbar may require additional identity verification. Verification may also be required below this threshold where reasonably necessary for security, fraud prevention, payment, regulatory or similar purposes.

3.7 Business Lenders may be subject to additional identity and business verification regardless of the booking value.

3.8 Account credentials must not be shared. Users must promptly notify Leihnachbar of suspected unauthorised account access.

4. Private and Business Lender status

4.1 Lenders must accurately declare whether they are acting privately or commercially.

4.2 The relevant status is displayed to Renters.

4.3 Where the Lender declares that it is a Private Lender, the Renter will be informed that statutory consumer-contract protections applying to contracts between a trader and a consumer generally do not apply to the rental agreement.

4.4 Leihnachbar may request evidence or review a user's status where objective indications suggest that a user registered as private is acting commercially.

4.5 An incorrect declaration does not release the Lender from any legal obligations that apply to it.

5. Listings

5.1 Listings must describe the relevant item fully, accurately and without misleading statements.

5.2 Listings should include, where relevant:

• item type and model;
• material characteristics;
• included accessories;
• known damage or limitations;
• important conditions for safe use;
• Rental Price;
• Security Deposit;
• availability; and
• special conditions of use.

5.3 Photographs must accurately depict the listed item or its condition unless clearly identified as manufacturer or reference images.

5.4 A listing normally constitutes an invitation for potential Renters to submit a booking request and is not itself a legally binding offer to rent.

5.5 Lenders must deactivate or update a listing when the item is no longer available.

6. Prohibited items and uses

6.1 Items whose listing, possession, transfer or use is unlawful or creates an unreasonable safety risk must not be listed.

6.2 Further details are contained in the current Prohibited Items List.

6.3 The Prohibited Items List forms part of these Terms.

6.4 Leihnachbar may remove or restrict listings that violate applicable law, these Terms, the Prohibited Items List or legitimate safety requirements.

7. Booking and formation of the rental agreement

7.1 The Renter selects the item, rental period and any options and, by using the booking function marked accordingly, makes a binding offer to conclude a rental agreement with the Lender (booking request).

7.2 Before submission, the Renter is shown in particular the Rental Price, any Security Deposit, the total amount payable, the time of the charge (section 9.6) and the information under section 7.9.

7.3 With the booking request, the Renter's payment details are captured via Stripe (section 9.6). No amount is charged or reserved at that point.

7.4 The Lender authorises Leihnachbar to conclude rental agreements for items the Lender offers on the platform in the Lender's name and for the Lender's account, in accordance with these terms.

7.5 The Lender generally has 24 hours to confirm that the item is available for the requested period. Confirming availability is not itself the acceptance of the booking request. It confirms the item's availability and the booking parameters set by the Lender, and authorises Leihnachbar to conclude the rental agreement on the Lender's behalf.

7.6 Leihnachbar accepts the booking request on behalf of the Lender once the Lender has confirmed availability and the requirements of platform use are met. The rental agreement between Lender and Renter is formed by that acceptance. The Renter receives an electronic booking confirmation naming the Lender and the time the agreement was concluded.

7.7 Leihnachbar is entitled to refuse or not carry out the conclusion of an agreement in particular where requirements of platform use, identity or payment verification, security requirements or other requirements set out in these terms are not met. Lender and Renter are informed; no rental agreement is formed in that case and the Renter is not charged.

7.8 If the Lender does not confirm availability within the deadline or declines the request, no rental agreement is formed. The Renter is not charged.

7.9 Before submitting the booking request, the Renter is shown whether the Lender has declared themselves a trader (Unternehmer). If the Lender is not a trader, the special rules for consumer contracts do not apply to the rental agreement (§ 312l BGB, Art. 246d § 1 EGBGB). The Lender is responsible for performing the rental agreement (section 12).

7.10 The Lender authorises Leihnachbar to receive declarations of the Renter insofar as they concern the conclusion, performance, amendment, cancellation or termination of a rental agreement concluded through Leihnachbar. Leihnachbar acts exclusively as the Lender's representative in doing so.

8. Prices and Leihnachbar fees

8.1 The Lender sets the amount they wish to receive for the rental (Payout Amount).

8.2 The Rental Price shown to the Renter consists of the Lender's Payout Amount, Leihnachbar's Platform Fee (section 8.3) and an amount equal to the expected fees of the payment service provider, which the Lender bears (section 9.4). The Rental Price is in full the Lender's consideration under the rental agreement. The Renter owes Leihnachbar no separate fee.

8.3 For every rental agreement successfully concluded through the platform, the Lender owes Leihnachbar the Platform Fee (commission) shown before the booking is completed. It is calculated under the fee model published on the platform; the rate shown at the time of booking is decisive and does not change afterwards for that booking.

8.4 In simplified terms:

Lender's Payout Amount + Platform Fee + expected payment provider fees = Rental Price (payable by the Renter, excluding the deposit)

8.5 Example: for a desired Payout Amount of EUR 36.00 for one rental day at the base rate:

• Payout Amount: EUR 36.00
• Platform Fee (incl. VAT): EUR 8.07
• expected Stripe fees (EU card): EUR 0.93
• Rental Price: EUR 45.00.

8.6 The amount added to the Payout Amount (Platform Fee plus expected payment provider fees) is 25 % of the Payout Amount at the base rate and falls to as low as 20 % under the published fee model. The fee model reflects both parties' track record in equal halves: for a party's first successfully completed rental as Renter or as Lender its share of the reduction applies in full; from five qualifying reviews its share follows its average rating.

8.7 The sum of the Platform Fee and the expected payment provider fees is at least EUR 5.00 per booking. On small amounts the Rental Price increases accordingly; the Lender's Payout Amount is unaffected.

8.8 The Platform Fee shown by Leihnachbar includes statutory VAT.

8.9 The Lender is responsible for the tax treatment of the Rental Price and of their own rental activity.

9. Payments

9.1 The Lender's Stripe account. To rent out for a fee through Leihnachbar, the Lender must hold a Stripe account connected to Leihnachbar that is suitable for the payment function concerned ("Connected Account"). Stripe's applicable agreements also apply between the Lender and Stripe. The payment services relating to the Connected Account are provided by Stripe under those agreements.

9.2 The Lender authorises Leihnachbar, within the platform's technical integration, to make towards Stripe the declarations and instructions and to trigger the technical operations required to perform rental agreements concluded through the platform, insofar as the agreements between Stripe, the Lender and Leihnachbar permit.

9.3 Payment of the rent. The Rental Price is processed by Stripe as a Direct Charge on the Lender's Connected Account; the payment transaction is attributed to the Lender's Connected Account and processed as a payment from the Renter to the Lender. Leihnachbar does not receive the Rental Price and does not receive it on behalf of the Lender; Leihnachbar only gives Stripe the instructions covered by section 9.2. Once Stripe confirms the successful payment, the Lender's rent claim against the Renter is satisfied in the confirmed amount.

9.4 Payment provider fees. Stripe's fees for processing the payment are borne by the Lender; Stripe deducts them from the payment processed through the Connected Account. They are included in the Rental Price at their expected amount as a flat allowance (section 8.2). Where the actual fees exceed that amount, in particular for payment methods from outside the European Economic Area, Leihnachbar reduces its Platform Fee for that booking by the difference, though not below zero, so that the Lender's Payout Amount is unaffected; a lower actual amount is to the Lender's benefit.

9.5 Platform Fee. The Lender authorises Leihnachbar and Stripe to deduct the Platform Fee owed from the payment processed through the Connected Account as an application fee or by a comparable function provided by Stripe, and to credit it to Leihnachbar. The deduction does not alter the fact that the underlying rent claim belongs to the Lender.

9.6 Time of payment. Leihnachbar may have the payment details required for the booking captured by Stripe when the booking request is made. The actual charge of the rent is made immediately after the agreement is concluded where the rental period starts within 48 hours, and otherwise 48 hours before the rental period begins. The exact time is shown to the Renter in the booking process.

9.7 If the charge fails, the Renter receives a payment request with a deadline. If payment is not received by 24 hours before the rental period begins (for a start within 48 hours of conclusion: within two hours of the charge falling due), the booking ends without any charge; sections 20.7 and 20.8 apply insofar as the period is released and the missing payment counts against the Renter as a no-show.

9.8 Leihnachbar provides no payment services. Leihnachbar holds no funds of the Renter or the Lender and keeps no balance for any user.

9.9 Proof of handover. The only accepted proof that the item was handed over is the confirmation of the handover with the handover code provided by Leihnachbar (section 14.2).

9.10 Chargebacks and payment disputes. Payment disputes, chargebacks and comparable processes relating to the rent, an extension or a captured deposit concern the payment processed through the Lender's Connected Account and are settled by Stripe with the Lender under Stripe's terms, including Stripe's fees for the procedure.

9.11 Leihnachbar may support the Lender in handling a payment dispute and, under the authority granted by the Lender, submit the required information or evidence, in particular the booking documentation, to Stripe. Leihnachbar assumes the economic risk of a payment dispute only where expressly agreed elsewhere; voluntary goodwill payments create no entitlement.

9.12 While a dispute procedure is running, deposit movements and refunds on the booking concerned are paused; the Renter cannot make new bookings until the procedure has closed.

9.13 The Lender's claims against the Renter under the rental agreement are unaffected by a chargeback.

10. No platform circumvention

10.1 A rental initiated, requested, negotiated or booked through Leihnachbar must be completed through Leihnachbar's designated booking and payment functionality.

10.2 Users must not move the relevant transaction to cash, bank transfer or another external payment method in order to avoid platform fees, documentation or protection mechanisms.

10.3 This does not prevent a Lender from offering items independently through other channels or on different terms where the relevant customer or transaction was independently sourced outside Leihnachbar.

10.4 Circumvention may result in account restrictions or suspension.

Part B – Standard rental terms between Lender and Renter

11. Parties and rental terms

11.1 The rental agreement exists solely between the Lender and Renter identified in the booking.

11.2 The agreement includes, in particular:

• the booked item;
• agreed accessories;
• rental start and end;
• agreed handover and return;
• Rental Price;
• any Security Deposit; and
• special conditions displayed before booking.

11.3 These standard rental provisions form part of the rental agreement.

11.4 Additional terms of a Business Lender apply only where they were validly made available to the Renter before submission of the booking request and incorporated into the booking.

11.5 Mandatory law, including mandatory consumer law, takes precedence.

12. Lender obligations

12.1 The Lender must have the right to rent out the item.

12.2 The Lender must provide the item at the agreed time, in the agreed condition and with the agreed accessories.

12.3 Before handover, the Lender must carry out a reasonable check that the item is functioning and safe for its ordinary intended use.

12.4 Known faults, damage, missing components and important safety-related limitations must be disclosed before booking or, where appropriate, no later than handover.

12.5 Necessary operating and safety instructions must be provided to the Renter.

12.6 Business Lenders must additionally comply with all applicable product, safety, consumer, pricing, tax and information requirements.

13. Renter obligations

13.1 The Renter must use the item carefully and only for its intended or expressly agreed purpose.

13.2 Manufacturer instructions, operating instructions, safety rules and applicable laws must be observed.

13.3 Without the Lender's consent, the Renter must not:

• sublet or transfer the item to a third party;
• materially modify it;
• tamper with it;
• dismantle it except where required for normal use;
• use it for unlawful purposes; or
• use it outside agreed operating conditions.

13.4 The Renter must take reasonable measures to protect the item against loss, theft and damage.

13.5 Any defect or safety issue arising during the rental must be reported promptly. Use must cease if continued operation would clearly be unsafe or materially worsen the damage.

14. Handover and return

14.1 Handover and return generally take place in person between Lender and Renter.

14.2 The agreed step is confirmed with a one-time code provided by Leihnachbar (handover code or return code) or a comparable technical function. The handover code is provided to the Lender; the Lender disclosing it to the Renter and the Renter then entering it on the platform documents that the handover took place under the platform procedure.

14.3 Lender and Renter should record the item's condition at handover and return using the photo and documentation functions provided by Leihnachbar.

14.4 Booking communication, timestamps, handover and return confirmations and photos posted by the parties may be used to document the course of the transaction.

14.5 The exact handover address is generally provided between the parties for the agreed appointment only after the agreement has been concluded.

14.6 The Renter must return the item completely and including the agreed accessories no later than the agreed time.

14.7 The handover code serves solely to document the handover. Entering the handover code is in particular not a payment instruction, a release of payment or a disposition by the Renter over any balance held by Leihnachbar, and it triggers no payout of rent held by Leihnachbar. The handover can only be confirmed once the rent has been paid and any agreed deposit has been reserved (section 17.3).

15. Ordinary wear and damage

15.1 The Renter is not responsible for ordinary wear resulting from proper contractual use.

15.2 The Renter is liable for loss or damage in accordance with applicable law where the Renter is legally responsible for that loss or damage.

15.3 Recoverable losses may include reasonable and documented costs of:

• repair;
• necessary replacement parts;
• replacement where the item is economically irreparable or not returned; and
• other direct loss arising from the breach.

15.4 Age, previous condition and normal depreciation must be reasonably taken into account when determining replacement value. The Lender is not entitled to an unjustified betterment through replacement of an old item with a new one.

15.5 Damage claims must be reasonably documented.

16. Late return and non-return

16.1 If the Renter expects to be unable to return the item on time, the Renter must notify the Lender promptly through the platform.

16.2 Any extension requires the Lender's consent and should be documented or booked through Leihnachbar.

16.3 In the event of late return, the Lender may claim any agreed additional rental charge or recoverable loss available under applicable law.

16.4 In the event of non-return, the Lender may require immediate return and may, where applicable, claim damages.

16.5 Other statutory rights remain unaffected.

17. Security Deposits

17.1 A Lender may specify a Security Deposit for an item. It serves solely to secure the Lender's claims under the rental relationship as described in these terms.

17.2 The amount is displayed to the Renter before the booking request is submitted.

17.3 The deposit is handled separately from the rent and is not charged but reserved: at the handover, the deposit amount is authorised via Stripe on the Renter's payment method in favour of the Lender's Connected Account. An authorisation is time-limited; Leihnachbar renews it via Stripe during the rental period. If the deposit cannot be reserved, the handover is not confirmed; the Renter may try again or save another payment method.

17.4 The authorisation gives Leihnachbar no claim to the deposit amount, and Leihnachbar keeps no deposit balance for the Renter. The deposit is not held as a bank deposit or as a trust or escrow account of Leihnachbar.

17.5 After a proper return with no claim raised, the authorisation is cancelled or lapses under the terms of Stripe or the card issuer.

17.6 Where the Lender has a claim under the rental agreement and the requirements of section 18 for drawing on the deposit are met, the corresponding amount may be captured via Stripe in favour of the Lender under the agreed deposit procedure. The part of the reservation not captured is released at the same time.

17.7 Reservation during the review. If the Renter contests a damage report, or does not respond within the period under section 18.4, nothing is captured before the review under section 18 is complete. The reservation is maintained for the duration of the review and renewed for that purpose where necessary (section 17.4). A capture is made only once, and only to the extent that, the claim is accepted or established under section 18; the rest of the reservation is released with the capture. If the claim cannot be sufficiently established on the agreed objective criteria, the deposit reservation is released. The Lender may pursue the claim directly against the Renter regardless. The Lender authorises Leihnachbar to instruct Stripe accordingly on their behalf.

17.8 If a reservation cannot be renewed during the rental period, the rental agreement is unaffected; Lender and Renter are informed. The Lender's claims under the rental relationship are then put to the Renter as a payment request; section 18.14 applies accordingly.

17.9 The actual release or credit may depend on the processing times of the bank, card company or payment service provider.

18. Damage, late-return and non-return procedure

18.1 The Lender should document and report a problem visible at return immediately in the return process.

18.2 If an immediate report is not possible for understandable reasons, or damage was not visible at return, the report must be made without delay after discovery.

18.3 The report should contain in particular:

• a description of the problem,
• the item or accessory affected,
• photos or other documentation,
• the amount claimed, and
• where available, a repair quote, invoice or other basis of calculation.

18.4 The Renter is given the opportunity to respond and submit their own evidence within generally five calendar days, and at least three working days, of receiving the complete damage report. When the period starts, the Renter is expressly informed that after it ends Leihnachbar may continue handling the deposit on the basis of the information then available, and that the deposit reservation remains in place until the review is complete (section 17.7).

18.5 If the Renter does not respond within the period, the claim is not deemed accepted. Leihnachbar then carries out the review under section 18.6 and may, on the basis of the available documentation, leave the amount claimed, in whole or in part, with the Lender out of the reserved deposit. The amount so left depends on the available evidence and not merely on the absence of a response.

18.6 Where Lender and Renter do not reach agreement, Leihnachbar reviews, solely for the purpose of handling the deposit, whether the formal and objectively verifiable requirements of a damage report set out in these terms are met — in particular deadlines, handover and return documentation, photos, proof of costs and agreed maximum amounts — and on that basis arranges for the deposit to be released or refunded, or to remain with the Lender. In doing so Leihnachbar does not decide conclusively on disputed civil-law claims between Renter and Lender.

18.7 The following may be taken into account in particular:

• condition at handover,
• condition at return,
• age and normal wear,
• photos and timestamps,
• message history,
• plausibility of the alleged damage,
• repair or replacement costs, and
• statements of both parties.

18.8 Such an assessment is not a binding legal decision on the parties' civil-law claims.

18.9 Where the Renter substantively contests a claim and its merits cannot be established under the agreed objective criteria, both parties' statutory and contractual rights to out-of-court or judicial resolution remain unaffected; the parties may pursue their claims regardless of the assessment under section 18.6.

18.10 Claims exceeding the deposit amount exist exclusively between Lender and Renter. Leihnachbar may provide the available transaction documentation to the extent legally permitted.

18.11 Where only part of the deposit is affected by a reported claim, the part of the reservation not affected is released with the decision. A partial release of a reservation is technically not possible before a capture; until the decision, therefore, nothing is captured and the reservation is maintained as a whole (section 17.7).

18.12 Leihnachbar endeavours to complete the administrative deposit review within 14 days of the problem being reported. Where the review exceptionally requires further evidence, in particular a cost estimate, a technical inspection or official documents, the processing period may be extended reasonably. The parties are informed.

18.13 The deposit remains reserved only for as long as reasonably required for the administrative review. Absent exceptional circumstances, deposit handling should be completed within 30 days of return. The parties' statutory rights remain unaffected.

18.14 If no deposit was agreed for a booking, the Lender may nevertheless document a problem found at return under section 18.3. Such a report serves documentation only: Leihnachbar makes no administrative assessment under section 18.6, releases no amounts and captures no amounts. The Renter is informed of the report and may respond in the booking's message history. Claims arising from such facts exist exclusively between Lender and Renter; section 18.10 sentence 2 applies accordingly.

19. Insurance

19.1 Unless expressly stated for a particular booking, use of Leihnachbar does not include insurance for the rented item or either party.

19.2 Users are responsible for determining whether any personal, business, liability, household or other insurance policy covers the relevant rental or use.

Part C – Cancellation and withdrawal

20. Contractual cancellation

20.1 As long as Leihnachbar has not yet concluded the rental agreement on the Lender's behalf, the Renter may withdraw the booking request free of charge. No charge is made.

20.2 After the agreement is concluded, the Renter may generally

1. cancel free of charge until 48 hours before the rental starts. A charge not yet made is not made; a Rental Price already charged (for instance for a start at short notice) is refunded in full from the Lender's Connected Account;
2. cancel less than 48 hours before the rental starts; in that case the Renter owes 25 % of the agreed Rental Price, to the extent legally permissible. The remaining 75 % is refunded from the Lender's Connected Account; the Platform Fee is refunded in the same proportion.

20.3 Insofar as a payment under section 20.2(b) is legally to be regarded as liquidated damages, the Renter expressly remains free to prove that no damage or substantially lower damage was incurred.

20.4 A deposit reservation already in place at the time of a cancellation is cancelled unless needed on another legal basis.

20.5 If the Lender cancels, a Rental Price already charged is refunded to the Renter in full; a charge not yet made is not made.

20.6 Repeated or short-notice unjustified cancellations by a Lender may lead to reduced visibility of listings, temporary deactivation of listings or other proportionate account measures.

20.7 If the handover is not confirmed with the handover code within three calendar days of the rental start (including the start day) (section 9.9), the booking is deemed not to have gone ahead. The Renter receives the Rental Price paid back in full from the Lender's Connected Account; for the Lender this counts as a cancellation by the Lender under section 20.6.

20.8 If the Renter does not appear at the agreed handover, the Lender may report this within the period under section 20.7. If the Renter does not object within 24 hours, the Renter owes 50 % of the agreed Rental Price, to the extent legally permissible; the remaining 50 % is refunded from the Lender's Connected Account and the Platform Fee in the same proportion; section 20.3 applies accordingly. If the Renter objects, Leihnachbar decides on the basis of the available documentation; sections 18.8 and 18.9 apply accordingly. If a Renter misses three handovers within twelve months — a booking ended for non-payment under section 9.7 counts as one — they cannot make new bookings until the oldest of those cases is twelve months old.

20.9 Refunds. The financial consequences of a cancellation are governed by the cancellation terms agreed at the time of conclusion. The Lender authorises Leihnachbar to instruct Stripe on the Lender's behalf to make refunds or partial refunds from the Connected Account insofar as they follow directly from the agreed cancellation terms, from section 17 or from any other agreement between Renter and Lender. Where the Platform Fee is to be refunded in whole or in part with a refund, Leihnachbar may instruct Stripe to refund the corresponding application fee in whole or in part. Refunds go to the Renter's original payment method.

20.10 Statutory rights of rescission, termination, price reduction and withdrawal remain unaffected by this section.

21. Statutory right of withdrawal

21.1 The contractual cancellation policy in section 20 is separate from any statutory consumer right of withdrawal.

21.2 Platform agreement with Leihnachbar. The platform agreement between the user and Leihnachbar is legally separate from the rental agreement between Lender and Renter. Whether and to what extent a statutory right of withdrawal exists for the platform agreement is governed by the statutory provisions. Where a statutory right of withdrawal exists, the applicable withdrawal information is provided separately; for Lenders who conclude a platform agreement against payment (the Platform Fee) as consumers, this happens when the Stripe account is set up. Details are set out in the current withdrawal notice.

21.3 Rental from a Business Lender. Where a Consumer rents from a Business Lender, the Consumer may also have a statutory withdrawal right in respect of the rental agreement unless a statutory exception applies. The Business Lender remains responsible for compliance with its applicable consumer-information obligations.

21.4 Rental from a Private Lender. There is generally no statutory consumer withdrawal right for a contract between two private individuals. The contractual cancellation rights in section 20 remain available.

21.5 Early performance. Where a Consumer expressly requests commencement of a service before expiry of the statutory withdrawal period, the statutory rules relating to compensation for performance already provided and expiry of the withdrawal right may apply. Any declarations required by law will be obtained separately during the booking process.

21.6 Electronic withdrawal function. Where required by law, Leihnachbar provides a prominently positioned electronic withdrawal function through its online interface. Where the withdrawal relates to the Leihnachbar platform contract, the declaration is submitted to Leihnachbar. Where the withdrawal relates to a rental agreement with a Business Lender, Leihnachbar may technically forward the declaration to the relevant Business Lender. The Business Lender remains legally responsible for the rental agreement.

Part D – Content, reviews and moderation

22. User content and intellectual property

22.1 Users retain their rights in photographs, text, logos and other content they upload.

22.2 For the duration of publication, the user grants Leihnachbar a non-exclusive, worldwide and royalty-free licence, to the extent reasonably necessary, to:

• store the content;
• technically reproduce it;
• display it on Leihnachbar;
• make it accessible to search engines;
• use it through Leihnachbar-controlled social-media and marketing channels to promote the relevant listing or platform; and
• provide it to technical service providers where necessary for those purposes.

22.3 Intellectual-property ownership is not transferred to Leihnachbar.

22.4 After deletion, the licence normally ends subject to reasonable temporary backup, caching, evidentiary and statutory retention requirements.

22.5 Users warrant that they have the rights required to upload and use their content.

23. Reviews

23.1 Reviews are intended to provide other users with a genuine assessment of completed transactions.

23.2 Leihnachbar normally permits reviews only from users who participated in a booking recorded by the platform as completed.

23.3 Leihnachbar thereby verifies that a review is linked to a transaction. Leihnachbar does not guarantee that every subjective or factual assertion within a review is objectively correct.

23.4 Prohibited review content includes:

• fake or manipulated reviews;
• reviews unrelated to the transaction;
• unlawful or abusive content;
• threats or extortion;
• unnecessary personal information; and
• consideration offered in return for a particular review.

23.5 Leihnachbar may remove or restrict reviews that are unlawful or violate these rules.

24. Ranking and sorting

24.1 Unless the user selects another sorting method, listing order is determined using several parameters.

24.2 The principal parameters are:

1. match with the search term, category and requested features – very high importance;
2. availability for the requested rental period – very high importance;
3. geographical proximity to the search area – high importance;
4. listing quality/completeness and Lender reliability, including response behaviour and cancellation history – medium to high importance;
5. reviews and successfully completed rentals – medium importance;
6. price and listing recency – additional, normally lower importance.

24.3 Relative weighting may vary with the search. For example, availability may outweigh reviews where the Renter selects a specific period.

24.4 User-selected sorting or filters may replace or materially alter the default ranking.

24.5 Paid placement does not currently influence the organic default ranking. If Leihnachbar introduces sponsored placement in future, such placement will be identified and the ranking disclosure updated accordingly. A fuller description is available at How the ordering works.

25. Reporting illegal content

25.1 Users and third parties may report a listing or other content using Leihnachbar's designated reporting function.

25.2 A report should identify:

• the specific content;
• its exact location;
• the reasons why it is alleged to be illegal;
• supporting information where relevant; and
• the reporting person's contact details where legally required.

25.3 Leihnachbar confirms receipt of sufficiently specific electronic reports and processes them in a timely, diligent, objective and non-arbitrary manner.

25.4 Where technically used, automated systems may assist with signals such as spam, fraud, duplicates, prohibited terms or other risks. Material decisions may be subject to human review through the complaint process.

26. Moderation, restrictions and complaints

26.1 Where justified, Leihnachbar may remove content, reduce its visibility, restrict payment or booking functionality, or temporarily or permanently restrict an account.

26.2 Reasons may include:

• illegal content or items;
• violations of these Terms;
• safety risks;
• fraud or reasonably suspected fraud;
• false identity or business information;
• material payment problems or abusive chargebacks;
• platform circumvention;
• review manipulation;
• infringement of third-party rights;
• harassment or threats;
• repeated material cancellations or failure to perform bookings; or
• legal or regulatory orders.

26.3 Measures are applied proportionately, taking account of the nature, seriousness, frequency and consequences of the conduct.

26.4 Where legally required, Leihnachbar informs the affected user of the measure, the principal reasons and available means of redress.

26.5 A user may challenge a moderation decision by email to finanz@leihnachbar.de. The decision will be reviewed again and, where appropriate, subject to human review.

Part E – Additional terms for Business Lenders

27. Business Lender obligations

27.1 Business Lenders operate in their own name and for their own account.

27.2 They remain responsible in particular for:

• complete business and contact information;
• required registration and tax information;
• pricing, including VAT where applicable;
• invoicing;
• statutory pre-contractual information;
• withdrawal information;
• product and operational safety;
• statutory consumer rights;
• tax reporting of their revenue; and
• all other legal requirements applicable to their business.

27.3 Leihnachbar may provide technical tools to assist with these obligations but does not thereby assume the Business Lender's legal responsibilities.

27.4 Where Leihnachbar technically generates an invoice or document on behalf of a Business Lender, the Business Lender remains responsible for its substantive and tax correctness unless expressly agreed otherwise.

28. Business verification

28.1 Business Lenders must provide business information requested by Leihnachbar.

28.2 This may include:

• legal or trading name;
• legal form;
• business address;
• telephone number and email address;
• authorised representatives;
• commercial or other registration number;
• VAT identification number or other tax information;
• identification documentation;
• payout account details; and
• declarations regarding the legality of the items or services offered.

28.3 Leihnachbar may use appropriate supporting documentation and official registers to assess plausibility.

29. Ranking of Business Lenders

29.1 The ranking parameters in section 24 also apply to Business Lenders.

29.2 Business Lenders do not currently receive preferential organic ranking merely because they act commercially.

29.3 Payment of ordinary platform fees does not currently result in preferential organic ranking.

30. Additional distribution channels and intellectual property

30.1 Leihnachbar may additionally make published listings visible through its own marketing channels, search engines, social-media channels and online advertising.

30.2 Use of logos, photographs, names and listing content for those purposes is governed by section 22.

30.3 As of the date of these Terms, Leihnachbar does not operate a general affiliate programme that automatically distributes listings through independent third-party marketplaces. Business Lenders will be informed if such a programme is introduced.

31. Business Lender access to data

31.1 During the contractual relationship, Business Lenders can normally access through their accounts the data made available in relation to them, including:

• their profile and business information;
• listings;
• booking data;
• booking messages;
• reviews;
• transaction and payout information; and
• available billing documents.

31.2 Business Lenders do not generally receive access to personal or business data relating to other users except where necessary for a particular booking or otherwise lawfully available.

31.3 Leihnachbar has access to data supplied by Business Lenders or their customers and data generated through the platform to the extent necessary for platform operation, safety, payment processing, analysis, support, enforcement and legal obligations.

31.4 Data may be supplied to payment, identity-verification, hosting, communications and other service providers and, where a lawful basis exists, to public authorities.

31.5 Personal-data processing is described in the Privacy Policy.

31.6 Direct account access may end when the account is terminated. Leihnachbar may retain data where permitted or required for statutory retention, existing claims, fraud prevention, security or other lawful purposes.

32. Restriction, suspension and termination of Business Lender accounts

32.1 The reasons set out in section 26 may justify restriction or suspension.

32.2 Where Regulation (EU) 2019/1150 applies, Business Lenders will receive the legally required statement of reasons for a restriction or suspension.

32.3 Where Leihnachbar terminates the entirety of its platform services to a Business Lender, the legally required notice period will be respected, normally at least 30 days, unless a statutory exception applies.

32.4 Advance notice may in particular be unnecessary where Leihnachbar is required to act by law or regulatory order, compelling regulatory grounds apply, or there has been a repeated or serious infringement, to the extent permitted by law.

32.5 Business Lenders may normally close their account at any time provided no ongoing booking, payment, Security Deposit or dispute prevents closure. Obligations already incurred remain unaffected.

Part F – Tax, data, liability and final provisions

33. Taxes and statutory reporting

33.1 Users are responsible for determining the tax obligations arising from their rentals or bookings.

33.2 Leihnachbar may collect, verify, retain and report tax or other legally required user information to competent authorities where legally required to do so.

33.3 Users must provide accurate information required for such purposes.

33.4 Reporting by Leihnachbar does not replace a user's own tax declaration obligations.

34. Privacy and retention

34.1 Personal-data processing is described in our Privacy Policy.

34.2 Leihnachbar retains personal and transaction data only for as long as required for the relevant purpose or permitted or required by law.

34.3 Operational booking information such as certain handover or return photographs and messages may be deleted or anonymised after the applicable evidence period.

34.4 Longer retention may in particular be necessary for:

• commercial or tax-law retention requirements;
• outstanding transactions;
• establishment, exercise or defence of legal claims;
• fraud and abuse prevention; or
• legal or regulatory obligations.

34.5 Applicable retention periods are described in more detail in the Privacy Policy.

35. Platform availability and changes

35.1 Leihnachbar seeks to maintain high technical availability but does not guarantee uninterrupted availability at all times.

35.2 Temporary restrictions may arise, in particular, from maintenance, security measures, technical faults, third-party failures or circumstances outside Leihnachbar's reasonable control.

35.3 Leihnachbar may further develop, replace or discontinue platform functions provided this does not unreasonably interfere with existing bookings or essential contractual rights.

36. Leihnachbar liability

36.1 Leihnachbar has unlimited liability:

1. for intent and gross negligence;
2. for injury to life, body or health;
3. to the extent of an expressly assumed guarantee; and
4. where liability is mandatory by law.

36.2 In the event of a slightly negligent breach of an essential contractual obligation, Leihnachbar's liability is limited to the typical damage foreseeable when the contract was entered into. Essential obligations are those whose performance is necessary for proper performance of the platform agreement and on which a user may normally rely.

36.3 Liability for other loss caused by slight negligence is excluded to the extent permitted by law.

36.4 In particular, Leihnachbar is not liable solely because:

• a user supplied false information;
• an item was defective or unsafe;
• a user failed to perform a rental agreement; or
• one user acted unlawfully toward another,

unless the relevant circumstances are attributable to Leihnachbar or mandatory law provides otherwise.

36.5 Mandatory liability rules applicable to intermediary or hosting services remain unaffected.

37. Changes to these Terms

37.1 Changes normally apply only to future bookings. Accepted bookings remain subject to the Terms incorporated when the relevant contract was formed unless a change is legally required or otherwise agreed.

37.2 Leihnachbar will notify registered users of material changes in an appropriate manner.

37.3 Where Regulation (EU) 2019/1150 applies to a Business Lender, amendments will normally be notified on a durable medium at least 15 days before they take effect.

37.4 A longer period will be provided where the amendment requires a Business Lender to make material technical or commercial adjustments.

37.5 The advance-notice period may in particular be disapplied where an immediate amendment is required by law or regulatory obligation or is required to address an unforeseen and imminent threat such as fraud, malware, data misuse or cybersecurity risk.

38. Termination of the platform agreement

38.1 Users may normally terminate their platform agreement at any time by closing or terminating their account.

38.2 Account closure does not affect rental agreements already entered into or outstanding payments, Security Deposits, damage claims or other existing obligations.

38.3 Leihnachbar may restrict or terminate a platform agreement for objective reasons in accordance with section 26.

38.4 The right to terminate for serious cause remains unaffected.

39. Consumer dispute resolution

39.1 Leihnachbar is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer conciliation body, unless otherwise expressly stated in a particular case.

39.2 Statutory information obligations arising after a particular consumer dispute has arisen remain unaffected.

39.3 This section concerns disputes between a Consumer and Leihnachbar only. A Business Lender remains separately responsible for statutory dispute-resolution information relating to its rental agreements.

40. Governing law and jurisdiction

40.1 These Terms are governed by the laws of the Federal Republic of Germany.

40.2 If a user is a Consumer habitually resident in another country, mandatory consumer-protection provisions of that country remain unaffected where they cannot validly be excluded under applicable private international law.

40.3 Where legally permissible, the registered office of Leihnachbar is the exclusive place of jurisdiction for disputes with merchants, legal entities under public law and special funds under public law arising from the platform agreement.

40.4 Statutory jurisdiction rules apply to Consumers.

41. Languages

41.1 These Terms are available in German and English.

41.2 Both versions are intended to have equivalent meaning.

41.3 To the extent legally permitted, if an irreconcilable inconsistency nevertheless exists, the German version will prevail for interpretation.

42. Final provisions

42.1 If any provision of these Terms is or becomes invalid in whole or in part, the remaining provisions remain unaffected.

42.2 The applicable statutory provision applies in place of the invalid provision.

42.3 Valid individually negotiated agreements between the relevant contracting parties take precedence over these Terms.