General Terms and Conditions (GTC)

I. Scope

These terms and conditions apply to contracts for the rental of rooms/apartments for accommodation as well as to all other services and deliveries provided by the landlord for the customer.

The customer’s terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

II. Conclusion of contract, contracting parties; limitation period

The contract is concluded when the tenant confirms in writing that he accepts an offer from the landlord. The confirmation of acceptance can be made by letter, email or fax. Acceptance also occurs when the booking is made via one's own or a third-party booking website on which the respective advertisement is listed.

The contractual partners are the landlord and the customer.

All claims against the landlord that are subject to the regular limitation period depending on knowledge generally expire within one year from the start (Section 199 Paragraph 1 of the German Civil Code); claims for damages expire within five years regardless of knowledge. The shortened limitation periods do not apply to claims that are based on an intentional or grossly negligent breach of duty by the landlord.

III. Services, prices, payment terms, offsetting

The landlord is obliged to keep the rooms/apartments rented by the customer ready and to provide the agreed services.

The customer is obliged to pay the landlord's applicable or agreed prices for the room/apartment rental and the other services used by the customer. This also applies to services and expenses incurred by the landlord for third parties at the customer's request.

The amount agreed for the provision of the room/apartment and any other services must be paid in cash before the rooms/apartments are handed over after the invoice is issued. There is no right to provision of the rooms/apartments and any other services until full payment has been made. Checks, credit or debit cards or cash cannot be accepted. The landlord is entitled to make expired claims due at any time and to demand immediate payment. In the event of late payment, the landlord is entitled to demand the applicable statutory default interest of currently 8.17% or, in the case of legal transactions involving a consumer, 5% above the base interest rate. The landlord reserves the right to prove that the damage is greater.

A cleaning fee per person per stay is charged for each rental. If the rental is for a period of more than one month, this fee will be charged again each subsequent month and a comprehensive cleaning will be carried out by the landlord.

Further payment conditions are to be agreed individually between the landlord and the customer.

An early departure does not entitle the tenant to reclaim or retain the pro rata rent.

If the rental period is longer than one month, the tenant is obliged to pay the rent after the invoice is issued before the start of the new month. If the original rental period is extended, the rent must be paid accordingly before the start of the extension period. If the rent and the fee for any additional services are not paid on time, the tenant is obliged to vacate the rental property immediately. In the event of late payment, the landlord is entitled to demand statutory default interest. Any claims for damages remain reserved.

The agreed prices are per bed/person and overnight stay; the day of handover is to be paid in full, the day of return is free of charge in accordance with section VI, 3. The prices are exclusive of the applicable statutory value added tax.

After conclusion of the contract, the landlord is entitled to demand an advance payment of a maximum of 50% of the rent and/or the costs for any additional services. Section III, 3 applies accordingly.

The customer can only offset or reduce a claim against the landlord with an undisputed or legally binding counterclaim.

IV. Non-use and non-provision of rooms/apartments

The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract.

If the landlord does not provide the rooms/apartments, he is obliged to pay compensation to the tenant after he has been given the opportunity to provide adequate alternative rooms or apartments.

If the tenant does not use the contractual services, he is obliged to pay the agreed price, less the expenses saved by the landlord.

The landlord is obliged in good faith to rent out unused rooms/apartments to other tenants if possible in order to keep the tenant's payment obligation as low as possible. The tenant can prove that less damage was caused.

V. Extraordinary right of withdrawal of the landlordThe landlord is entitled to terminate the contract for good cause. Good cause exists in particular if:

force majeure occurs or other reasons beyond the control of the landlord make the performance of the contract impossible,

a violation of Section VIII of these Terms and Conditions occurs by the tenant or the residents,

material facts regarding the residents or the purpose of the rental were stated incorrectly or misleadingly,

Damage to the rooms/apartments or the building/property beyond normal use,

There are ongoing disruptions or threats to the business operations, security or reputation of the landlord,

unauthorized third parties are allowed to stay overnight or

any other use of the rental property that violates the contract occurs. If the landlord terminates the contract for good cause, the tenant has no right to compensation. The legal reasons for extraordinary termination remain unaffected.

VI. Room provision, handover and return

The tenant is not entitled to a specific room or apartment number. The number stated in the offer or confirmation is for guidance purposes only.

The rented rooms/apartments are available from 3:00 p.m. on the agreed handover day. Earlier access is not guaranteed.

On the day of return, the rooms/apartments must be returned to the landlord in a clean condition by 10:00 a.m. at the latest. In the event of late return, a flat rate of €250 plus VAT may be charged. In the event of dirt beyond normal use, a flat rate cleaning fee of €500 plus VAT may be charged.

All rooms/apartments are non-smoking rooms/apartments. If the smoking ban is violated, compensation of €1,000 plus VAT will be charged.

Any damage caused by the tenant must be paid immediately after the invoice is issued.

VII. Liability

The landlord is only liable for damages that are based on an intentional or grossly negligent breach of duty, in particular in the case of injuries to life, body or health. Claims for damages are limited to the extent permitted by law.

The tenant is liable for all damage caused by him or the residents. Any defects must be reported to the landlord in writing within 24 hours.

No liability is assumed for motor vehicles parked on the property by the tenant and their contents, unless there is intent or gross negligence.

VIII. Subletting, use for purposes other than those intended Subletting or use of the rooms/apartments for purposes other than those intended requires the prior written consent of the landlord. In this case, Section 540 Paragraph 1 Sentence 2 of the German Civil Code is waived if the customer is not a consumer.

IX. Other provisions

The landlord reserves the right to establish binding house rules.

Pets are not allowed.

The loss of a key will incur a flat fee of €50.

The tenant is obliged to separate and dispose of waste themselves. If waste is not disposed of properly, a fee of €50 may be charged.

The landlord and his employees are permitted to enter the rooms/apartments at any time to carry out cleaning, repairs or inspections.

X. Cancellation

Free cancellation:The tenant can cancel the contract free of charge up to 5 days before arrival, provided that no non-refundable rate was booked.

Cancellation for non-refundable rates:If a non-refundable rate has been booked, there is no free cancellation.

Cancellation after 5 days before arrival: For cancellations made less than 5 days before arrival, 100% of the agreed rent will be charged as cancellation fees.

XI. Final Provisions

Changes or additions to the contract, the acceptance of the application, the confirmation, the house rules or these General Terms and Conditions must be made in writing.

Should individual provisions of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

The place of performance is the registered office of the subject matter of the contract.

The exclusive place of jurisdiction in commercial transactions is Essen, provided that a contractual partner fulfils the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and has no general place of jurisdiction in Germany.

German law applies.