General terms and conditions (GTC) for tenants
1.1 These terms and conditions apply to contracts for the rental of fitter rooms / apartments for residential purposes, as well as all other services provided for the guest. They can be replaced by conditions negotiated on a case-by-case basis. This must be in writing.
1.2. The subletting or re-letting of the leased rooms as well as their use for purposes other than residential require prior written consent.
1.3. Terms and conditions of the guest / tenant only apply if this has been agreed in writing beforehand.
2. Conclusion of the contract
2.1. The rental contract is deemed to be concluded when the provision of a room / apartment has been reserved and confirmed by the tenant by telephone, e-mail, internet or fax. A signed written booking confirmation can also be requested from the tenant / customer.
2.2. The contracting parties are the landlord and the tenant / purchaser. Details on the contractual partners can be found in the concluded rental contracts. If a customer acts on behalf of or for guests registered by him, he is responsible for the liabilities and all obligations arising from the rental contract. Keeping pets is only possible with written approval in individual cases.
3. Services, prices and payments
3.1. The landlord is obliged to keep the rooms booked by the tenant or customer available and to provide the agreed services.
3.2. Before moving into the room / apartment, the entire invoice amount is to be paid in cash against an invoice in advance. Checks, credit or 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 has to fulfill the contract in full. The agreed rental price remains due for the full rental period without any deductions. In the case of a rental period of more than one month, the landlord bills the agreed rent in monthly installments in advance.
3.3. Invoices without a due date are payable within one week of the invoice date without deduction. In the event of default in payment, the landlord is entitled to charge interest at a rate of 5% points above the respective base rate (main refinancing rate) of the European Central Bank. If payment is delayed by more than 3 working days, the landlord is entitled to terminate the contractual relationship without notice. In this case, 75% cancellation fees on the total invoice amount are due as compensation.
3.4. The agreed prices are always net plus statutory VAT.
3.5. The prices can also be changed by the landlord if the tenant / customer subsequently wishes to change the number of rooms booked, the landlord’s services or the length of stay of the guests and the landlord agrees.
3.6. The lessor is entitled to request an appropriate advance payment of 50% or a security deposit upon conclusion of the contract or thereafter.
4. Withdrawal by the customer (cancellation, cancellation)
4.1. A resignation of the guest from the concluded contract requires the written consent of the landlord. If this is not done, the price agreed in the contract must be paid without any deductions even if the guest does not make use of the contractually agreed services. This does not apply in cases of delay in performance by the landlord or if the landlord is responsible for the impossibility of performance.
4.2. If a right to withdraw from the contract has been individually agreed in writing between the landlord and the tenant / customer in individual cases, the tenant / customer can withdraw from the contract in writing by the deadline specified in this separate written regulation without triggering payment or damage claims by the landlord. The guest’s right of withdrawal expires if he does not exercise his right of withdrawal in writing against the landlord by the agreed date, unless there is a case of delay in performance by the landlord or an impossibility of performance for which he is responsible.
4.3. In the case of rooms not used by the guest, the landlord must credit the income from renting the rooms to other parties as well as the saved expenses and reimburse them retrospectively.
The guest is free to prove that no damage has occurred or that the damage caused to the landlord is lower than the required flat rate.
4.5. Cancellation fees in the case of a separate written individual cancellation agreement:
30 days or more before the separately and individually agreed cancellation date in writing
1 to 29 days before the separately and individually agreed cancellation date
From or after a separately and individually agreed cancellation date or in the event of no-show
of the entire invoice amount.
5. Resignation of the landlord
5.1. If the guest’s right of withdrawal has been agreed separately in writing within a certain period of time, 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 if the customer does not ask the landlord about his right to withdraw waived.
5.2. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the landlord with a threat of rejection has expired, the landlord is also entitled to withdraw from the contract.
5.3. Furthermore, the landlord is entitled to extraordinarily withdraw from the contract for an objectively justified reason, 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 with misleading or false information about essential facts, e.g. regarding the person of the guest or the purpose; the landlord has justified cause to believe that the use of the service can endanger the smooth business operations, the safety or the public image of the landlord, without this being attributable to the landlord’s sphere of control or organization; there is a violation of the scope of paragraph 2 above.
5.4. The landlord has to inform the tenant / purchaser immediately of the exercise of the right of withdrawal.
5.5. If the lessor is justified in withdrawing from the contract, the customer has no right to compensation. The full amount remains due.
6. Room provision, handover and return
6.1. Unless otherwise agreed, the tenant / customer has no right to the provision of specific rooms or apartments. Mentioning an apartment number or room number in the confirmation is expressly NOT an explicit agreement.
6.2. Check-In: The rooms are available between 4 p.m. and 10 p.m. Guests must contact the contact person identified on the booking confirmation 1 hour prior to arrival. Otherwise no check-in can be guaranteed. Other arrival times are to be discussed with the landlord. If you arrive outside of these times, a service fee of € 50 + 19% VAT will be charged.
6.3. Check-out: On the agreed departure date, the rooms must be vacated and made available to the landlord by 10:00 a.m. at the latest. In the event of late departure, we charge a flat rate of € 250 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 next working day at the latest. If there is no notification of defects, the apartment is deemed to have been accepted free of defects.
7.2. The landlord is not liable to the guest or the contractual partner if the provision of the service becomes impossible due to force majeure. In these cases, the landlord will endeavor to obtain equivalent services elsewhere – without any legal obligation.
7.3. It is the guest’s responsibility to insure objects brought along against theft, damage or destruction. Liability on the part of the landlord in the event of their loss, theft, damage or destruction is excluded.
7.4. Should disruptions or deficiencies in the lessor’s services occur, the lessor will endeavor to remedy the situation if he becomes aware of this or if the customer complains immediately. After handing over an apartment, the guest has 24 hours to report any defects to the landlord. After the deadline, the apartment is deemed to have been handed over free of defects. The tenant is therefore liable for any defects that exist at the time of acceptance.
For his part, the guest is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum. The liability claims expire if the customer does not notify the landlord immediately after becoming aware of the loss, destruction or damage.
7.5. Wake-up calls, messages, mail and goods for guests are not part of the landlord’s range of services. If these services are to be undertaken in exceptional cases by agreement, they must be carried out with the greatest care. Claims for damages, except for gross negligence or intent, are excluded.
8. Final provisions
8.1. The place of jurisdiction is Essen
8.2. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In addition, the statutory provisions apply. If there is still a notification of defects, the apartment is deemed to have been accepted free of defects.
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