1. Scope1.1 These terms and conditions apply to contracts for the rental of workers' rooms/workers' apartments for residential purposes, as well as all other services provided to 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 further rental of the rooms provided as well as their use for purposes other than residential purposes require prior written consent.
1.3. The guest/tenant’s terms and conditions only apply if this has been agreed in writing beforehand.
2. Conclusion of contract2.1The rental agreement is deemed to be concluded when the provision of a room/apartment has been reserved and confirmed by the tenant by telephone, email, internet or fax. A signed written booking confirmation may also be required from the tenant/orderer.
2.2. The contracting parties are the landlord and the tenant/customer. Details of the contracting parties are provided in the rental agreements concluded. If a customer acts on behalf of or for guests registered by him, he is responsible for the liabilities arising from this and all obligations from the rental agreement. Keeping pets is only permitted with written approval in individual cases.
3. Services, prices and payments3.1. The landlord is obliged to keep the rooms booked by the tenant or customer available and to provide the agreed services.
3.2The entire invoice amount must be paid in advance before moving into the room/apartment. Checks, credit or debit cards, or cash cannot be accepted unless an exception has been agreed in writing. An early departure has no influence on the concluded rental agreement. The tenant/customer must fulfill the contract in full. The agreed rental price remains due for the full rental period without deduction. For a rental period of more than one month, the landlord will invoice 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 late payment, the landlord is entitled to charge interest of 5% above the current base rate (main refinancing rate) of the European Central Bank. In the event of late payment of 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 will be 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 requests changes to the number of rooms booked, the services provided by the landlord or the length of stay of the guests and the landlord agrees to this.
3.6. The landlord is entitled, upon conclusion of the contract or thereafter, to demand an appropriate advance payment of EUR 50 or security.
4. Customer withdrawal (cancellation, cancellation)4.1. If the guest withdraws from the contract, the landlord must give his written consent. If this is not done, the agreed price from the contract must be paid without deduction even if the guest does not use 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 providing the service.
4.2. If the landlord and the tenant/customer have agreed separately in writing on a right to withdraw from the contract in individual cases, the tenant/customer can withdraw from the contract in writing up to the date specified in this separate written agreement without triggering any payment or compensation claims from 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 the landlord is in default of performance or is unable to provide the service for reasons for which he is responsible.
4.3. If the guest does not use the rooms, the landlord must take into account the income from renting the rooms to other parties as well as the expenses saved and subsequently reimburse them.
The guest is free to provide evidence that no damage was caused or that the damage suffered by the landlord is less than the flat rate demanded.
4.5. Cancellation fees in case of a separate written individual cancellation agreement:
30 days or more before the separately and individually agreed cancellation date in writing
50,00%1 to 29 days before the separately and individually agreed cancellation date in writing
75,00%From or after a separately and individually agreed cancellation date in writing or in case of non-arrival
100%of the total invoice amount.
5. Withdrawal by the landlord5.1. If a right of withdrawal for the guest within a certain period of time has been separately agreed in writing, the landlord is entitled to withdraw from the contract during this period if other guests request the contractually booked rooms and the customer does not waive his right of withdrawal when asked by the landlord.
5.2. If an agreed advance payment or security deposit is not made even after the expiry of a reasonable grace period set by the landlord with a threat of rejection, the landlord is also entitled to withdraw from the contract.
5.3. Furthermore, the landlord is entitled to withdraw from the contract for good cause, for example if force majeure or other circumstances beyond the landlord's control make the fulfillment of the contract impossible; rooms are booked with misleading or false information about essential facts, e.g. the identity of the guest or the purpose; the landlord has reasonable grounds to believe that the use of the service could endanger the smooth running of the business, the security or the reputation of the landlord in the public eye, without this being attributable to the landlord's sphere of control or organization; there is a violation of the scope of application paragraph 2 above.
5.4. The landlord must immediately inform the tenant/customer of the exercise of the right of withdrawal.
5.5. If the landlord withdraws for legitimate reasons, the customer is not entitled to compensation. The full amount remains due.
6. Room provision, handover and return
6.1. Unless otherwise agreed, the tenant/customer does not acquire any right to the provision of specific rooms or apartments. The mention of an apartment number or room number in the confirmation is expressly NOT considered an explicit agreement.
6.2. Check-in: The rooms can be occupied between 4 p.m. and 10 p.m. Guests must contact the contact person indicated in the booking confirmation 1 hour before arrival. Otherwise, check-in cannot be guaranteed. Other arrival times must be agreed with the landlord. For arrivals outside of the stated times, a service fee of €50 + 19% VAT will be charged.
6.3. Check-out: On the agreed departure day, 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. Liabilities7.1. The tenant/orderer 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 no later than the following working day. If no notification of defects is made, the apartment is deemed to have been taken over without 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 these cases, the landlord will endeavour to obtain equivalent services elsewhere - without any legal obligation.
7.3. It is the guest's responsibility to insure any items they bring with them against theft, damage or destruction. The landlord is not liable for any loss, theft, damage or destruction.
7.4. If there are any problems or defects in the services provided by the landlord, the landlord will endeavour to remedy the situation if he is aware of them or if the customer immediately complains. After the apartment has been handed over, the guest has 24 hours to report any defects to the landlord. After this period has expired, the apartment is deemed to have been handed over without defects. The tenant is therefore liable for any defects present at the time of handover.
The guest, for his part, is obliged to do what is reasonable to remedy the disruption and to minimize any possible damage. 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 deliveries for guests are not part of the landlord's scope of services. If these services are undertaken in exceptional cases by agreement, they must be carried out with the utmost care. Claims for damages, except for gross negligence or intent, are excluded.
8. Final provisions8.1. Place of jurisdiction is Essen
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. Otherwise, the statutory provisions shall apply. If a notice of defects is not received, the apartment shall be deemed to have been taken over as free of defects.
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