APARTS GmbH acting commercially (hereinafter referred to as "Lessor")
represented by the managing directors Kevin Christophe Stobbe and Robin Marlon Minden,
Lilienthalstr. 3d, 12529 Schönefeld for the accommodation of persons.
Contact details of the landlord:
Tel: +49 1579-251221-0
E-Mail: contact@aparts-germany.de
In the following, the tenant is referred to as the lessee.
The contractual language is German.
1.1 These terms and conditions apply to contracts for the rental of apartments for residential purposes and all other services provided to the guest. They may be replaced by terms and conditions negotiated in individual cases. This must be done in writing.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than residential purposes require prior written consent.
1.3 Terms and conditions of the guest / tenant shall only apply if this has been agreed in writing in advance.
2.1 The guest accommodation contract is concluded when the provision of a room / apartment has been reserved and confirmed by the tenant by telephone, e-mail, Internet or fax or, if a confirmation was no longer possible due to time constraints, has been provided. A signed written booking confirmation may also be requested from the tenant / customer.
2.2 All claims against the Landlord arising from the contractual relationship shall become time-barred one year after the commencement of the regular limitation period under Section 199 (1) of the German Civil Code (BGB). Excluded from this are claims for damages due to injury to life, limb or health or due to damage caused by gross negligence or intent.
23 The contractual partners are the Lessor and the Lessee / Customer. Details of the contractual partners can be found in the rental agreements concluded. If a customer acts on behalf of or for guests registered by him, he shall be responsible for the resulting liabilities and all obligations arising from the rental agreement. Pets may only be kept with written permission in individual cases.
3.1 The conclusion of the guest accommodation contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.
3.2 The landlord is obliged to keep the rooms booked by the tenant or customer available and to provide the agreed services.
3.3 The entire invoice amount must be paid in advance before moving into the room / apartment after the invoice has been issued. Checks, credit/debit cards or cash cannot be accepted unless an exception has been agreed in writing. An earlier departure has no influence on the concluded tenancy. The tenant / customer must fulfill the contract in full. The agreed rental price remains due for the full rental period without deduction. If the rental period is longer than one month, the landlord shall invoice the agreed rent in advance in monthly installments.
3.4 Invoices without a due date are payable without deduction within 3 days of the invoice date. In the event of late payment, the lessor shall be entitled to charge interest at a rate of 5% points above the respective key interest rate (main refinancing rate) of the European Central Bank. If payment is more than 3 working days overdue, the lessor is entitled to terminate the contractual relationship without notice. In this case, a cancellation fee of 75% of the total invoice amount shall be due as compensation.
3.5 The agreed prices are always net prices plus statutory VAT.
3.6 The Landlord may also change the prices if the Tenant / Customer subsequently requests changes to the number of rooms booked, the Landlord's services or the duration of the guests' stay and the Landlord agrees to this.
3.7 The Lessor is entitled to demand a reasonable advance payment of 50% or a security deposit upon conclusion of the contract or thereafter.
3.8 Reserved rooms confirmed by the landlord shall be made available from 5:00 p.m. on the day of arrival and by 9:00 a.m. on the day of departure. The landlord is entitled to allocate reserved rooms to other guests after 20:00 on the day of arrival, unless a later arrival time has been expressly agreed.
3.9 Arrival and departure days count as one day.
4.1 Withdrawal by the guest from the concluded contract requires the written consent of the landlord. If this is not given, the agreed price from the contract must be paid without deduction even if the guest does not make use of contractually agreed services. This shall not apply in cases of default on the part of the landlord or an impossibility of performance for which the landlord is responsible.
4.2 If a right to withdraw from the contract has been agreed separately in writing between the landlord and the tenant / customer in individual cases, the tenant / customer may withdraw from the contract in writing by this separate written deadline without triggering payment or compensation claims by the landlord. The guest's right of withdrawal expires if he does not exercise his right of withdrawal in writing to the landlord by the agreed date, unless there is a case of delay in performance on the part of the landlord or an impossibility of performance for which he is responsible.
4.3 If rooms are not used by the guest, the landlord must offset the income from renting the rooms to other parties as well as the saved expenses and reimburse them subsequently.
4.4 The guest is free to prove that no damage has occurred or that the damage incurred by the landlord is lower than the lump sum demanded.
4.5 The guest is obliged to pay the full amount in the event of non-utilization (cancellation), provided that the start of the contractual service is 14 days in the future.
Irrespective of the duration of the booking, the time of cancellation is calculated exclusively from the first day of booking.
The above cancellation fees shall also apply if the ordered/reserved services are only partially canceled by the guest or if the guest does not make use of the ordered/reserved services without express cancellation.
The guest can voluntarily book a different cancellation policy. This exceeds the guidelines mentioned here.
5.1 If the guest's right to withdraw from the contract within a certain period has been agreed separately in writing, the landlord is entitled to withdraw from the contract during this period if there are inquiries from other guests about the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by the landlord.
5.2 If an agreed advance payment or security deposit is not made even after expiry of a reasonable grace period set by the Lessor with a threat of refusal, the Lessor shall also be entitled to withdraw from the contract.
5.3 Furthermore, the landlord is entitled to withdraw from the contract extraordinarily for objectively justified reasons, for example if force majeure or other circumstances for which the landlord is not responsible make it impossible to fulfill the contract; rooms are booked under misleading or false statements of material facts, e.g. in the person of the guest or the purpose; the landlord has justified cause to believe that the use of the service may jeopardize the smooth running of the business, the security or the reputation of the landlord in public, without this being attributable to the landlord's sphere of control or organization; there is a breach of paragraph 2 above.
5.4 The Lessor must inform the Lessee / Customer of the exercise of the right of withdrawal without delay.
5.5 In the event of justified withdrawal by the lessor, the customer shall not be entitled to compensation. The full amount remains due.
6.1 Unless otherwise agreed, the tenant / customer does not acquire any claim to the provision of specific rooms or apartments. Mention of an apartment number or room number in the confirmation is expressly NOT deemed to be an explicit agreement.
6.2 Check-in: Rooms can be occupied between 5 pm and 8 pm. Guests must contact the contact person indicated on the booking confirmation 1 hour before arrival. Otherwise check-in cannot be guaranteed. Other arrival times must be agreed with the landlord. A service charge of €50 + 19% VAT will be made for arrivals outside the times stated.
6.3 Check-out: On the agreed day of departure, the rooms must be vacated and made available to the landlord by 09:00 a.m. at the latest. For late departures we charge a flat rate of € 100 plus VAT.
7.1 The tenant / customer or contractual partner is liable to the landlord for any damage caused by him or his guests. After the apartment has been handed over, all defects must be reported in writing immediately, i.e. within 24 hours. In the case of weekends or public holidays, the defect must be reported on the following working day at the latest. If no notice of defects is given, the apartment shall be deemed to be free of defects.
7.2 The landlord is not liable to the guest or the contractual partner if the provision of services becomes impossible due to force majeure. In such cases, the landlord shall endeavor to procure equivalent services elsewhere - without legal obligation.
7.3 It is the guest's responsibility to insure any items they bring with them against theft, damage or destruction. Liability on the part of the landlord for loss, theft, damage or destruction is excluded.
7.4 The following contractual penalties may be imposed in the event of non-compliance with the rules:
7.4. a) If keys are lost, the costs of up to €300.00 shall be borne by the Tenant. If the locking system is replaced as a result, all costs incurred must be borne by the tenant.
7.4. b) Smoking is not permitted. In the event of non-compliance with the smoking ban, the tenant shall bear the costs of € 1,000.00 for a complete cleaning as well as the costs of the fire department call-out. Each room has smoke detectors that are connected to the fire alarm center.
7.4 c) The Landlord uses the "Minut" system to monitor the rental properties, including in the respective
rooms. This registers violations of the smoking ban,
the condition of the windows, the heating, the room temperature and the duration and intensity
of noise from a level of 75 dB. This is only done anonymously, i.e.
without recording conversations or video recordings. The contractual partner agrees to
the use of the system and acknowledges the data unless he can prove
the contrary. He further undertakes to inform his guests about this at
7.4. d) The dishes must be left washed by the guest. Dishwashing is not included in the accommodation price. In the event of non-compliance, the tenant must pay the landlord an amount of € 100.00 for the work involved.
7.4. e) Meetings with open invitations and disruptive parties are prohibited in their entirety. Contractual penalties amount to up to € 500.00
7.4. f) All illegal downloads and network activities are strictly prohibited when using the APARTS WLAN and generally within the accommodation. Fines and a lump sum of €1000.00 will be forwarded directly to the perpetrator.
7.4. g) The removal and manipulation of electronic devices that are not intended for the regular use of guests (e.g. smoke detectors, smart devices, WLAN routers, etc.) is strictly prohibited. The contractual penalty is up to € 450.00 per device removed.
7.4. h) Subletting to third parties without permission is prohibited and will be penalized with up to € 25,000.00 in the event of non-compliance.
7.4. i) Under no circumstances may apartments be heated if windows or doors are open for more than 5 minutes. Regular airing is mandatory at least twice a day for at least 5 minutes to prevent mold. The temperature in the home should always be between at least 17 °C and a maximum of 23 °C. If the temperature repeatedly falls below/exceeds this, up to €100.00 per day of non-compliance may be charged.
7.5 For his part, the guest is obliged to do what can reasonably be expected of him to remedy the disruption and minimize any possible damage. Liability claims shall lapse if the customer does not notify the landlord immediately after becoming aware of the loss, destruction or damage.
7.6 The check-in/access data will be sent after receipt of payment or confirmation one day before arrival. The tenant is responsible for forwarding these to the guests for check-in. The landlord is no longer responsible for forwarding the data once it has been sent to the contact channel provided by the tenant.
7.7 Wake-up calls, messages, mail and deliveries of goods for guests are not part of the Landlord's scope of services. Should these services be provided by agreement in exceptional cases, they must be carried out with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
7.8 Should faults or defects occur in the Landlord's services, the Landlord shall endeavor to remedy the situation upon knowledge thereof or upon immediate complaint by the Customer. After handover of an apartment, the guest has 24 hours to report the existing defects to the landlord. Once this period has expired, the apartment is deemed to have been handed over free of defects. The tenant shall be liable for any defects existing at the time of acceptance.
7.9 The tenant undertakes to comply with the house rules. In the event of violations, fines may be imposed and the contract may be terminated without notice.
7.10. Section 701-703 of the German Civil Code (BGB) applies to the Lessor's liability. Liability for other reasons is excluded, unless damage was caused intentionally or through gross negligence by the Lessor, its legal representatives or vicarious agents.
8.1 The exclusive place of jurisdiction is the place of business.
8.2 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.
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