On freestays, creators exchange content for a hotel stay. This page describes how usage rights to the content, labelling as advertising, and the expense allowance are planned. It is not a pure barter: an expense allowance is added to the stay. The platform is operated by SnapNext GmbH & Co. KG. It acts as an intermediary and provides the technology and, under the planned contract text, is not a party to the agreement between creator and hotel. This classification is under legal review.
Usage rights
The rights are governed by the agreement for a specific stay. The hotel sets the scope per listing. When the hotel confirms, the scope is frozen in the agreement and cannot be changed unilaterally afterwards. The following details are present in the code:
| Detail | Meaning |
|---|---|
| Use | Type of use, for example the hotel's own channels, website, paid ads, print |
| Territory | Country or region of use |
| Duration | unlimited or in months |
| Exclusivity | non-exclusive, exclusive in the travel category, or fully exclusive |
| Sublicensing | whether the hotel may pass rights on to third parties |
| Editing | whether the hotel may cut and adapt content |
| Credit | whether the creator is to be credited |
| Raw files | whether the creator hands over raw files |
| Paid amplification | whether the hotel may distribute content with an advertising budget |
Planned for the contract text: A right exists only to the extent of the agreement and only in content the creator has delivered. Where the agreement leaves something open, the narrowest scope is planned to apply: a simple, non-exclusive right for the hotel's own channels. Passing rights on to third parties requires the creator's consent. The creator can revoke the grant of rights only for good cause. When the duration ends, the rights revert to the creator and the hotel removes the content from its channels. The creator warrants that they hold the necessary rights in image, sound and music and that accompanying persons have consented, as far as they are recognisable. The grant of rights is planned to be compensated by the stay and the expense allowance. The contract text itself is not yet available and is under legal review.
Labelling as advertising
The creator is responsible for labelling posts that are advertising as advertising, so that the commercial purpose is recognisable (section 5a(4) UWG). It is planned that the agreement specifies the type of labelling, for example a note at the start of the caption, the paid partnership function, an overlay in the image or a spoken note.
Present in the code: Every deliverable carries the labelling obligation. When submitting a post, the creator confirms the labelling and states its type. The hotel reviews the submission and can accept it, request changes or reject it. Confirmation and type are stored. The operator does not itself check whether a post is labelled correctly. Repeated missing labelling is planned as good cause for terminating the agreement.
Expense allowance
It is planned that the hotel designates the stay as a necessary trip for content production, and that hotel and creator agree an expense allowance for the creator's effort. It is not the price of the stay. The allowance is settled between hotel and creator outside the platform, and the amount is agreed between them in text form. The platform processes no payment and stores no amount. The amount is currently not provided for in the data model.
Currently assumed: The allowance falls due 30 days after acceptance of all owed deliverables. If deliverables are not delivered after a grace period of 14 days, the hotel can reduce it proportionally. These values are working assumptions.
Tax treatment
How the exchange of a stay for content, and the expense allowance, are to be treated for tax purposes is assessed by each side for itself. The question is open and should be reviewed by a tax advisor. This page and the platform give no tax advice.