Terms and conditions

1. Provider, scope

Sostivo is a service by Likafilm, owner Muhlis Karaca, Oberföhringer Straße 246a, 81925 München. These terms apply to the use of Sostivo, an online marketplace within the meaning of section 312l(2) German Civil Code, through which parking spaces of private and commercial hosts in Munich are brokered. Anyone of full age can rent, wherever they live. For now, only people and businesses resident or established in Germany can rent out.

2. Sostivo’s role

Sostivo brokers between host and driver. The rental agreement for the parking space is concluded directly between host and driver. Sostivo does not become a party to that rental agreement and does not owe you the provision of a parking space.

To what extent the host uses the platform to fulfil their obligations under the rental agreement (article 246d section 1 no. 6 of the Introductory Act to the German Civil Code): Sostivo collects the rent, releases the access code once the payment has arrived, sends reminders and dunning notices if payment is late, and withdraws access when the contract ends. All other obligations under the rental agreement, such as maintaining the parking space, remain with the host. This does not give the driver any contractual claims against Sostivo.

3. Account, roles, duty to be truthful

An account requires true details about you. False details can have consequences under civil or criminal law. An account can hold the role of host, driver or both.

4. Listing

A listing needs the mandatory details about the space, its dimensions and access, plus photos and a self-declaration about the legal status of the space: sole ownership, ownership within a homeowners’ association, or rented. For a homeowners’ association or a rented space, proof of consent is mandatory; without it the listing cannot go online. Sostivo provides a non-binding template for that, but does not check the proof for authenticity or validity.

5. Self-declaration: private or commercial

When publishing a listing you declare whether you rent out privately or commercially. That declaration decides whether the special rules for consumer contracts apply to the rental agreement (section 14 and cancellation, part B). We do not classify your VAT liability; it follows from section 2 and section 4 no. 12 sentence 2 of the German VAT Act, independently of this declaration. If your classification changes, for example because you rent out several spaces or do so permanently with a view to profit, you are obliged to update the declaration.

6. Request, viewing, conclusion of the contract

You answer a request within 48 hours, otherwise it lapses. The contract is concluded once both sides agree after a viewing.

7. Fees

The tenant pays nothing for the introduction. The host bears the introduction fee: a one-off 25 % of the first monthly rent, at most €60. It is kept back from the first rent when the contract is concluded. In addition the host bears a 3 % commission on every rent. With a monthly rent of €90 the tenant pays €90 when the contract is concluded, of which the host receives €64.80 (€22.50 introduction and €2.70 commission kept back). From the second month the host receives €87.30 out of every €90 of rent. These rates apply only to monthly rentals of one month or more. Clause 7a applies to hourly bookings.

7a. Fees for hourly bookings

For a booking from one hour up to 30 days the driver pays a one-off booking fee of 12 % of the rent, at least €0.79 and at most €2.29. The host bears a 3 % commission on the rent here and nothing else. The introduction fee from clause 7 does not apply.

8. Payment

For a monthly rental you pay the first rent when the contract is concluded, by card, including Apple Pay or Google Pay, and confirm it in your banking app. Stripe stores the card for the following months; from the second month we charge the rent to it on the first of the month. Bookings of up to 30 days are paid in full when booking. Stripe handles the processing.

Hosts receive their share (the rent less the fees under sections 7 and 7a) by transfer through Stripe: for short bookings (up to 30 days) after the parking period ends, in the next nightly run, usually early the following morning, for a monthly rental from the start of the rental and then for each month once its rent has been received. This requires a payout account. If a tenant disputes a payment with their bank, we hold payouts to the host until the matter is resolved.

If a dispute concerning rent that has already been transferred is lost, or if we do not recover a refunded rent from you, you reimburse the amount. If we have to claim money back from you, we send you an email with a statement (reason, amount, booking or contract, date) straight away. We may offset the amount against your next payouts 14 days after that at the earliest. We deduct only as much as the payout allows, we offset the rest later, and you receive a new statement for every offsetting. If no further payout to you is due, we may instead recover the amount from earlier transfers to your Stripe payout account; if the balance there does not cover it, Stripe collects the rest from your bank account by direct debit. You receive a statement for this as well. Until then you can object in the app or under Rent out on the website. We do not offset a disputed amount until we have sorted it out with you. Your right to offset undisputed or finally established claims against us is not affected.

If we lose a dispute about your booking and the reason lay in your service (the space could not be used or was not as described), we pass on the fee our payment provider actually charged for that dispute. You can show that we incurred no fee or a lower one. In all other cases, such as card fraud, disputes we win, and the fee that our own response to a dispute costs, we bear the fees. We treat the fee like any other claim under the previous paragraph. Offsetting and the fee apply to you once you have agreed to the current version of these terms.

If you as a renter dispute a payment with your bank and the bank decides in our favour, return a direct debit without reason, or a debit fails for lack of funds or wrong account details, you pay the fee our payment provider actually charged for it. You can show that we incurred no fee or a lower one. You still owe the rent. Until the fee is paid you cannot make new bookings or requests. This applies once you have agreed to the current version of these terms.

9. Brokerage

Sostivo brokers between the parties and provides the conclusion of the contract through the app. The brokerage is fully performed as soon as the rental agreement between host and driver has been concluded and is available as a PDF (section 356(5) no. 2 German Civil Code, details under cancellation).

10. Term and termination

The rental agreement runs for an indefinite period. Either side can terminate it in the app with 28 days’ notice to the end of the month.

11. Deposit

An agreed deposit is neither collected nor held by Sostivo. You settle the deposit directly between yourselves, and it is accounted for between the parties.

12. Access

Access to the parking space, whether a code or a description, is released as soon as the first rent has arrived. When the contract ends, the authorisation is withdrawn. A fixed code is considered disclosed once the contract has ended.

13. Late payment

If a rent payment does not arrive, we send a reminder on the third day, a dunning notice on the tenth day and collect the rent a second time. If the rent is still outstanding on the thirtieth day, the contract ends and access is withdrawn. Sostivo does not pay rent that has not been received and does not guarantee payment.

14. Withdrawal

Different withdrawal rules apply to the brokerage by Sostivo and to the rental agreement, see cancellation. Both sides find their respective notice there.

15. The host’s obligations

You must be entitled to dispose of the parking space and, where necessary, provide the consent of the homeowners’ association or of your own landlord. This consent must also cover the access you give the renter, that is, passing on a key, a master key, a remote control or transponder, or an access code for the garage or underground car park. Only pass on access means as far as the house rules or garage rules allow, and make sure you get them back or the code is changed when the rental ends. Your details about dimensions and access must be correct. Please check whether your liability insurance covers renting out to third parties; we do not recommend a particular insurer. By listing the space you warrant that you are entitled to rent it out. If third parties, such as the owner, the homeowners’ association or your own landlord, bring claims against Sostivo because of this, you indemnify Sostivo against them to the extent that you are responsible for the breach of duty.

16. The driver’s obligations

You use the parking space only to park the vehicle named in the contract or in the booking. That vehicle is registered and covered by liability insurance. You do not store flammable or dangerous substances there and you comply with the house rules of the property. You do not pass access on to third parties and you do not sublet the space.

17. Sostivo’s liability

We are liable without limitation for intent and gross negligence, and likewise for injury to life, body and health. Otherwise we are liable only for foreseeable damage typical of this type of contract, and liability for slight negligence exists only where material contractual duties are breached. We are not liable for damage to the vehicle or the property, for the content of listings or for the behaviour of other users, because Sostivo neither provides nor hands over the parking space and is not a party to the rental agreement. We do not owe you permanent availability of the platform.

18. Not an insurance product

Sostivo does not sell insurance cover. Damage caused by the vehicle is covered by the driver’s motor liability insurance; damage to the parking space is settled between driver and host.

19. Tax and reporting duty

Hosts run as small businesses under section 19 of the German VAT Act do not show VAT. Income from renting out belongs in your tax return.

Sostivo is run by a sole proprietorship and, according to the German Federal Central Tax Office, is therefore not a reporting platform operator under sections 3(2) and 6(1) of the German Platform Tax Transparency Act. We do not report hosts to the Federal Central Tax Office and do not ask for a tax identification number or date of birth. You declare your income yourself. We are not tax advisers and do not give tax advice.

20. Final provisions

German law applies. Declarations in text form are sufficient. Should a clause be invalid, the remaining ones stay valid, without this operating to the detriment of a consumer. We announce changes and you have a right to object. We are happy to settle concerns directly with you at info@sostivo.de. We do not take part in dispute resolution proceedings before a consumer arbitration body (section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters), nor are we obliged to.

21. Short-term parking

Spaces with an hourly or daily price can be booked immediately. The total price shown includes the host’s parking fee and Sostivo’s booking fee (12 %, at least €0.79 and at most €2.29 per booking). With the button “Book with payment” the rental agreement for the period is concluded with the host. Extending is a new booking directly afterwards, provided the space is free.

If the host has set a space to “Bookings only after my confirmation”, the booking is a binding offer by the driver; the amount is only reserved on the card. The rental agreement is concluded when the host accepts, and only then is the amount charged. If the host declines or does not answer by the deadline shown (at most 24 hours, no later than 1 hour before the start), the request expires and the reservation is released. Until the host accepts, the driver can withdraw the request free of charge.

If the driver cancels before the start, the parking fee is refunded, the booking fee is not. If the host cancels, everything is refunded. The driver sees the key box code from 30 minutes before the start until the end. The host can block times and pause listings; bookings already paid for are not affected.

22. Reviews

Only someone who has completed a paid booking can leave a review, once per booking and only after it has ended: the driver reviews the space, the host reviews the driver. Reviews must be true and factual. Sostivo checks that a real booking is behind them, does not change reviews and does not take money for removing or favouring reviews.

23. Reports and blocking

Anyone can report a listing in the app, for example if the host is not allowed to rent it out or the details are wrong. We confirm receipt, review the report and communicate the decision with reasons. We take unlawful listings offline and may block accounts; you can object by email to the address in the legal notice.

24. Deleting your account

You can delete your account at any time in the app or on the website, as soon as no booking and no monthly rental is running any more. Your listings are closed in the process.

25. Complaints

Complaints about Sostivo, for example about a suspension, a decision on a listing, a payout or how a booking went, can be sent informally by email to info@sostivo.de, ideally with the booking or listing number. The procedure is free of charge and open to drivers and hosts, including business hosts (Art. 11 of Regulation (EU) 2019/1150). We confirm receipt within two working days, review the case ourselves and reply with reasons within ten working days. If the reply does not settle it, the owner of the business reviews the case a second time.