Terms of Service

§ 1 Scope

• These Terms and Conditions ("Terms") apply to all services of the MilesMarket platform (hereinafter "MilesMarket", "Platform" or "we").
• The platform is operated by:
• MilesMarket Owner: Selcuk Akarsu Melissenweg 18 51061 Cologne Germany Email: info@selcuk-osman.com
• MilesMarket operates an online marketplace for trading airline miles, hotel points and other loyalty, rewards and bonus programs.
• MilesMarket does not itself sell or buy miles, points or bonus balances. The platform serves solely as an intermediary between registered users.
• Any contract for the purchase or sale of loyalty programs is concluded exclusively between buyer and seller. MilesMarket is not a party to such contracts.
• Deviating terms and conditions of individual users do not apply unless MilesMarket has expressly agreed to them in writing.

§ 2 Definitions

The following definitions apply within these Terms:

Platform

The marketplace provided at milesmarket.de.

Seller

Any natural or legal person offering loyalty programs via MilesMarket.

Buyer

Any natural or legal person acquiring loyalty programs via MilesMarket.

Loyalty programs

Includes in particular: airline miles, hotel points, credit card points, cashback points, loyalty programs, membership programs, travel credits, vouchers and other digital reward balances.

Order

Acceptance of an offer published on the platform.

Transaction

The complete flow between order placement and successful completion.

Resolution Center

MilesMarket's internal dispute resolution system.

§ 3 Description of Services

• MilesMarket only provides the technical infrastructure on which buyers and sellers may conclude contracts with each other.
• MilesMarket in particular provides: hosting of the platform, user management, payment intermediation via Stripe Connect, fee handling, communication between the parties and dispute resolution via the Resolution Center.
• MilesMarket does not owe any successful match.
• There is no right to have an offer published.
• MilesMarket may reject or remove offers at any time where there are indications of legal violations, fraud or breaches of these Terms.

§ 4 Registration

• Use of the platform requires registration.
• Only truthful information is permitted.
• As a rule, each user may operate only one account.
• The minimum age is 18 years.
• Companies may only register through duly authorized representatives.
• MilesMarket may request proof of identity.
• There is no right to registration.
• MilesMarket may reject registrations without stating reasons.

§ 5 User Account

• Users must keep their login credentials confidential.
• Sharing an account is prohibited.
• Users are liable for all activities performed under their account to the extent they are responsible for them.
• Suspicious access must be reported to MilesMarket without undue delay.
• MilesMarket may temporarily or permanently suspend accounts if false information has been provided, fraud is suspected, laws are violated, these Terms are breached, legitimate complaints of other users exist, or official orders require it.

§ 6 Contract Between Buyer and Seller

• The purchase contract is concluded exclusively between buyer and seller.
• MilesMarket is neither buyer nor seller.
• MilesMarket does not warrant that an offer complies with the terms of any specific loyalty program.
• Buyer and seller are solely responsible for complying with all participation conditions of the relevant loyalty program.
• MilesMarket generally does not review offers for compatibility with the terms of individual airlines, hotels or loyalty programs.

§ 7 Loyalty Programs

• Only lawfully available loyalty programs may be offered on the platform.
• Sellers warrant that they are entitled to transfer or use the offered rewards.
• Sellers bear sole responsibility for all offers they publish.
• MilesMarket does not warrant: the transferability, redeemability, validity, existence, value or future value of loyalty programs.
• Changes to the terms of a loyalty program are solely the responsibility of the respective program operator.

§ 8 Compliance with Program Rules

• Each user is obliged to comply with the terms of the respective airline, hotel chain or loyalty program.
• MilesMarket does not verify whether a transaction is permitted under the rules of a loyalty program.
• Users act at their own risk.
• MilesMarket accepts no responsibility for actions of a loyalty program, in particular for: account suspensions, revocation of status benefits, forfeiture of points, clawback of miles, termination of a customer account, program restrictions or future changes to the participation conditions.
• To the extent permitted by law, MilesMarket is not liable for economic losses arising from actions of a loyalty program.

§ 9 International Use

• The platform can be used worldwide.
• Each user is responsible for complying with the laws applicable in their country.
• MilesMarket does not warrant that offers or transactions are permissible in all jurisdictions.
• Users undertake not to circumvent any applicable export, sanctions, tax or consumer protection rules.

§ 10 Communication

• Communication between the parties generally takes place via the platform.
• MilesMarket may store messages to the extent necessary for contract performance, fraud prevention, abuse mitigation or handling of disputes.
• Insults, threats, discrimination, spam or deception are prohibited.
• Violations may result in account suspension.

§ 11 Payment Processing

• All payments on the platform are processed via the external payment service provider Stripe Connect.
• MilesMarket does not receive customer funds in trust and does not custody any funds of buyers or sellers.
• Payouts to sellers are handled exclusively in accordance with the terms and processes of Stripe Connect.
• MilesMarket is not liable for delays, outages or restrictions caused by Stripe Connect or other payment service providers.
• Users agree to comply with the terms of use of the payment service provider used.

§ 12 Fees

• For each successfully completed transaction, MilesMarket receives a commission of 10% of the respective sales price.
• The commission is withheld or settled through Stripe Connect during payment processing.
• Any taxes, duties or fees imposed by law shall be borne by the user liable to pay them.
• MilesMarket reserves the right to adjust the fee structure in the future. Users will be informed of changes in due time.

§ 13 Seller Obligations

• Sellers undertake to publish only lawful offers, provide complete and truthful information, be actually able to deliver the offered rewards, avoid misleading descriptions and not infringe any third-party rights.
• Sellers in particular may not list offers that are fraudulent, of unclear origin, in violation of applicable law, stolen or otherwise obtained without authorization.
• After a contract is concluded, sellers must promptly carry out all required cooperation actions.

§ 14 Buyer Obligations

• Buyers undertake to submit only serious purchase offers, pay the purchase price properly, provide required information in full and use loyalty programs only within applicable laws and program rules.
• Buyers may not initiate abusive disputes or unjustified chargebacks.

§ 15 Buyer and Seller Protection

• MilesMarket provides an internal Resolution Center for handling disputes.
• The Resolution Center serves solely as an out-of-court support tool between the parties.
• There is no right to a decision in favor of any party.
• MilesMarket may request evidence, documents or additional information.
• Users undertake to cooperate in clarifying a dispute.
• If requested information is not submitted in time, MilesMarket may decide or close the dispute based on the available information.

§ 16 Resolution Center

• Disputes may be opened when: the agreed performance has not been delivered, there are material deviations from the offer, fraud is suspected, or technical issues prevent completion of the transaction.
• MilesMarket is entitled to: request evidence, set deadlines, hear users, temporarily hide offers and restrict accounts pending clarification.
• Disputes are handled to the best of MilesMarket's knowledge and belief.
• The Resolution Center does not replace court proceedings.

§ 17 Prohibited Content

• It is in particular prohibited to use false identities, offer stolen loyalty balances, publish unlawful content, distribute malware, send spam, manipulate prices, deceive or threaten other users, carry out automated attacks against the platform or circumvent security mechanisms.
• Violations may result in immediate account suspension and removal of the affected content.

§ 18 Intellectual Property

• All rights in the platform, in particular in software, design, logos, texts and databases, remain with MilesMarket or the respective rights holders.
• Users are only granted a simple, non-transferable right of use for the intended use of the platform.
• Copying, reproducing or commercially exploiting the platform or its content without express consent is prohibited.

§ 19 Liability

• MilesMarket is liable in accordance with statutory provisions for damages arising from injury to life, body or health and for damages based on intent or gross negligence.
• For slightly negligent breaches of duty, MilesMarket is only liable for the breach of material contractual obligations and limited to the typically foreseeable damage.
• MilesMarket is in particular not liable for: the actual availability of loyalty programs, changes to or termination of loyalty programs, actions of airlines, hotels or other program operators, account suspensions, forfeiture of miles or points, loss of status, tax consequences, exchange rate fluctuations, or acts or omissions of buyers or sellers.
• Mandatory statutory liability rules remain unaffected.

§ 20 Suspension and Termination

• Users may terminate their account at any time, provided no open transactions or statutory retention obligations conflict with this.
• MilesMarket may in particular suspend or terminate user accounts in the event of: suspected fraud, repeated breaches of these Terms, violations of applicable law, misuse of the platform, official orders or security risks.
• Any claims already accrued remain unaffected by a termination.

§ 21 Data Protection

• Processing of personal data takes place in accordance with the separate Privacy Policy.
• Users consent to the processing of their data within the scope of applicable data protection laws to the extent necessary to use the platform.

§ 22 Amendments to these Terms

• MilesMarket is entitled to amend these Terms where there is a legitimate reason, in particular due to changes in law, technical developments, changes to the business model or security requirements.
• Users will be informed of material changes in due time.

§ 23 Applicable Law

• The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods.
• Mandatory consumer protection provisions of the state in which a consumer has their habitual residence remain unaffected.

§ 24 Severability

• Should any provision of these Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory rule shall replace the invalid provision.

§ 25 Final Provisions

• These Terms constitute the complete agreement between MilesMarket and users regarding the use of the platform.
• There are no side agreements.
• Place of performance and — to the extent legally permitted — jurisdiction is Cologne, Germany.

§ 26 Right of Withdrawal for Consumers

• Consumers have a statutory right to withdraw from the contract for the use of MilesMarket's services within fourteen days without giving reasons. Full details and the model withdrawal form are available at milesmarket.de/widerruf.
• The right of withdrawal expires early where we have fully performed the service with the consumer's express prior consent, and for digital content — in particular the transfer of miles, points or reward balances — once performance has begun with the consumer's express consent and confirmed acknowledgement of the loss of the right of withdrawal (sections 356(4) and 356(5) BGB).
• In practice this means: once an order has been paid and the transfer has been initiated, withdrawal is generally excluded. Issues with a transaction are handled through the Resolution Center.
• Contracts between buyers and sellers are not concluded with MilesMarket. Where a seller acts commercially, that seller is responsible for their own withdrawal information; between private individuals there is no statutory right of withdrawal.