Terms and Conditions
1.1 The following general terms and conditions apply to contracts for the rental of furnished apartments, for accommodation and conferences as well as for all other services and deliveries provided by the apartment provider a-domo Apartments for the guest.
1.2 Deviating regulations are only valid if they have been individually agreed between a-domo Apartments and the guest.
- Conclusion of the contract
2.1 The contract (accommodation contract) is concluded when the guest submits an application (room booking) which is accepted by the apartment provider. The acceptance takes place through a confirmation of the room reservation.
The room booking can be confirmed orally, in writing, by telephone or by email.
The contract is binding if the guest has fulfilled the payment agreements in the terms and conditions. The validity of the contract, however, depends on the fulfillment of the duty of care towards the rental unit by the guest for the duration of the stay, as noted in paragraph 6.5.
2.2 If the room is booked by a third party for the guest, the apartment provider is jointly and severally liable with the guest for all obligations under the contract, unless the apartment provider has a corresponding declaration and booking by the third party.
2.3 The subletting and re-letting of the leased rooms and their use for purposes other than accommodation require the prior written consent of the apartment provider.
- Prices and Services
3.1 The apartment provider is obliged to keep the rooms or comparable rooms booked by the guest available in accordance with these General Terms and Conditions and to provide the agreed services. The apartment provider reserves the right to change the location and room category after consultation with the guest.
3.2 The guest is obliged to pay the applicable or agreed prices of the apartment provider for the provision of rooms and the other services used by him. This also applies to services and expenses of the apartment provider towards third parties initiated by the guest or the customer.
3.3 The agreed prices include the respective statutory value added tax.
3.4 The prices can be changed by the apartment provider if the guest subsequently wishes to change the number of rooms booked, the service provided by the apartment provider or the length of stay of the guests, and the apartment provider agrees to this.
3.5 Invoices from the apartment provider are payable immediately upon receipt without deduction. The invoice must be paid no later than 3 days after moving in, otherwise the apartment provider reserves the right to request a move out. A deviation from these two rules requires the written consent of the apartment provider to the guest.
The default occurs if the guest does not make payment within 14 days of the due date and receipt of an invoice; this only applies to a guest who is a consumer if these consequences have been specifically pointed out in the invoice. In the event of default in payment, the apartment provider is entitled to charge consumers default interest at a rate of 5% above the base rate. In business transactions, the default interest rate is 9% above the base rate. The apartment provider reserves the right to assert higher damages. The apartment provider can charge a reminder fee of 50 EUR for each reminder after the occurrence of default.
3.6 The apartment provider is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and its due date can be agreed in writing in the contract. The apartment provider is also entitled to make claims that have accrued during the guest’s stay in the apartment due at any time by issuing an interim invoice and to demand immediate payment.
3.7. The apartment provider can make further claims against the guest at any time, which must be paid immediately after receipt of the invoice. Further claims can be caused by damage to the premises, by damage to the furniture, by the development of smoke odors and by theft and theft.
3.8 The guest can only offset or reduce an undisputed or legally established claim against a claim by the apartment provider.
- Unused services, cancellation, withdrawal by the guest
4.1 The apartment provider grants the guest the right to withdraw at any time. The following provisions apply:
- If the guest withdraws from the booking, the apartment provider is entitled to appropriate compensation.
- The apartment provider has the choice of claiming a flat rate cancellation fee instead of a specifically calculated compensation. The flat rate cancellation fee is 30% of the contractually agreed price for overnight stays. The guest is free to prove that the apartment provider has not suffered any damage or that the damage incurred by the apartment provider is lower than the required flat-rate compensation.
- If the apartment provider specifically calculates the compensation, the amount of the compensation is max. the amount of the contractually agreed price for the service to be provided by the apartment provider.
4.2 The above regulations on compensation apply accordingly if the guest does not use the booked room or the booked services without notifying the apartment provider in good time.
4.3 The right to compensation does not apply if the apartment provider has given the guest an option in the contract to withdraw from the contract within a certain period of time without further legal consequences, the apartment provider has no claim to compensation. The guest must declare their withdrawal in writing.
- Resignation of the apartment provider
5.1 If the guest has been granted a free right of withdrawal in accordance with section 4.3 in the contract, the apartment provider is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked rooms and the guest does not make the booking on request from the apartment provider finally confirmed.
5.2 If an advance payment or security deposit agreed in accordance with section 3.6 is not made within a period set for this, the Apartment Provider is also entitled to withdraw from the contract.
5.3 This does not affect the right to withdraw from the contract for an important reason. There is especially if
- force majeure or other circumstances for which the apartment provider is not responsible make it impossible to fulfill the contract;
- Room with misleading or false information about essential facts, e.g. B. relating to the person of the guest or the purpose;
- the apartment provider has justified cause to believe that the use of the services may jeopardize the smooth business operations, the security or the public reputation of the apartment provider without this being attributable to the sphere of control or organization of the apartment provider;
- there is an unauthorized subletting or re-letting in accordance with section 2.3;
- there is a case of section 6.3;
- the apartment provider becomes aware of circumstances that the guest’s financial circumstances have worsened significantly after the conclusion of the contract, in particular if the guest does not settle claims due by the apartment provider or does not provide sufficient security and therefore payment claims of the apartment provider appear at risk;
- the guest has filed an application for the opening of insolvency proceedings about his assets, has provided asset information in accordance with Section 807 of the Code of Civil Procedure, has initiated an out-of-court debt settlement procedure or has suspended his payments;
- Insolvency proceedings are opened against the guest’s assets or the opening of the same is refused for lack of assets or for other reasons.
5.4 The apartment provider must inform the guest of the exercise of the right of withdrawal immediately in writing.
5.5 In the aforementioned cases of withdrawal, the guest has no right to compensation.
- Arrival and departure
6.1 The guest does not acquire the right to be provided specific rooms.
6.2 Booked rooms are available to the guest from 11 a.m. on the agreed arrival date. The guest is not entitled to earlier availability.
6.3 Booked rooms must be used by the guest by 2 p.m. on the agreed arrival date at the latest. Unless a later arrival time has been expressly agreed, the apartment provider has the right to reassign booked rooms after 2 p.m. without the guest being able to derive any claims for compensation. The apartment provider has the right to withdraw from the contract.
6.4 On the agreed departure date, the rooms must be vacated and made available to the apartment provider by 11 a.m. at the latest. Keys are to be handed over to the apartment provider or deposited at an agreed location.
6.5. The apartment provider has the right to enter the booked rooms during the stay after a written or verbal announcement, for the purpose of intermediate cleaning as well as for controls. If the service team notices drastic defects and damage to walls, floors, furnishings or extreme soiling and littering of the rental unit, this can be a reason for terminating the contract without notice and result in an immediate move out of the rental unit. The apartment provider reserves the right to reimburse the invoice amount.
7.1 The apartment provider is liable in cases of willful intent or gross negligence in accordance with the statutory provisions.
7.2 The regulation of the preceding paragraph (8.1) extends to compensation for damages in addition to the performance, compensation for damages instead of the performance and the claim for compensation for futile expenses, regardless of the legal reason, including liability for defects, delay or impossibility.
7.3 Although public parking spaces are available around the apartment provider’s houses, the apartment provider is not obliged to monitor and is in no way liable.
7.4 Messages, mail and deliveries of goods for guests are handled with care. The apartment provider takes care of delivery and storage. Claims for damages, except for gross negligence or intent, are excluded. The apartment provider is entitled, after a storage period of one month at the latest, to hand over the aforementioned items to the local lost property office at a reasonable fee.
7.6 The statute of limitations for the guest’s claims takes place in accordance with the statutory provisions.
- Final provisions
The law of the Federal Republic of Germany is applicable.