General terms and conditions - Berlin Habitat Last updated: 25.03.2019 General terms and conditions Berlin Habitat Stefan Hiller Bärbel-Bohley-Ring 13355 Berlin - hereinafter called provider – General terms and conditions for holiday flats (1 – 30 nights) These general terms and conditions apply to contracts regarding the rental provision of holiday flats for accommodation purposes as well as all further services and deliveries made to the guest by the provider. The provider’s services are exclusively carried out on these general terms and conditions. § 1. Contract (1) The contact for accommodation becomes effective upon the provider confirming the booking request in writing via email and/or telefax and thereby accepting the booking (application acceptance) or if a booking is made directly through an internet portal. (2) The contractual partners are the provider and the guest. Should a third party have ordered for the guest, this person and the guest are jointly liable for all obligations arising from the contract. § 2. Payment and services (1) The provider is obligated to make the booked holiday flat available and to deliver the agreed services. The provider only guarantees for the explicitly agreed upon features and not for the subjective quality of them (e.g. ventilation). (2) The guest is obligated to pay the effective or agreed upon prices for the rented holiday flat and the further services that were provided. This also applies to expenses and services to third parties caused by the guest. (3) All prices include the statutory value-added tax, WLAN use, final cleaning, electricity, water and heating. (4) The guest is obligated to give a truthful statement of the number of guests that stay at the holiday flat. The holiday flat is provided according to §2 (1) for no more than the maximum number of guests stated in the booking confirmation. The occupancy with a higher number of people requires the previous written agreement of the provider. In this case, the price of the rental provision of the holiday flat increases by the amount commonly calculated by the provider for this number of occupants. (5) The payment of the agreed price for the rental provision of the holiday flat as well as for the agreed upon further services is to be made at the latest on the day of arrival upon the hand-over of the keys. (6) The provider reserves the right to demand the preliminary payment of the agreed price for the rental of the holiday flat and all further services agreed upon with the guest. (7) Should the guest/tenant not comply with his payment obligations after their due date, we are entitled to charge a debt collection agency of our choice with the recovery of our claims. All costs incurred as part of the debt collection shall be paid in full by the guest/tenant. (8) Should a flat be unavailable, the landlord is obligated to refund the guest already made rent payments or to offer an alternative flat. (9) The guest explicitly relinquishes further claims from the contract. The landlord is not liable for the temporary malfunction of fixtures, public services, lifts, cable and DSL connections, etcetera. A reduction in price is excluded. §3 Cancellation (Rescission) (1) The cancellation of a contract agreed upon with the provider by the guest requires the written agreement of the provider. Should this not be submitted, the price agreed in the contract shall still be paid, even if the client does not avail of the contractual services. This does not apply in cases of default by the provider or a reasonable impossibility to provide services justifiable by him. (2) The guest can rescind the contract until 30 days before arrival and no longer than 60 days after the reservation was made. Later than 60 days after a reservation and less than 30 days previous to arrival the provider can claim possible damages through credit card or Paypal charges. As of 30 days previous to arrival, the provider is entitled to 90% of the agreed price. (3) Cancellation by provider: Due to the current legal situation in Berlin short term rentals may be limited. Provider has a permit until the German Supreme Court has decided. If the court decides against the provider, the provider can cancel the reservation. The guest will not have right for compensation but will receive a full refund of paid charges. §4 House rules (1) The guest has to treat the rented flat and its furnishings with care. The guest is obligated to obey the house rules. Sleeping hours are enforced between 10 pm and 7 am. During this time, special consideration has to be given to the neighbors, also in the entry ways and stairways of the houses. Television and audio equipment should be set to low volume to avoid disturbances. In cases of non-compliance, the landlord reserves the right to terminate the provision of the rented property without refunding already made payments or to inform the police. (2) For the duration of the lease of the holiday flat, the guest is obligated to close all windows (except tilted) and doors, set the heaters to low level and to switch off all lights and technical equipment previous to leaving the flat. (3) The accommodation of pets of any kind is only allowed, if the provider has previously given his permission in writing. The provider can charge a suitable surcharge for the accommodation of animals. Should animals be accommodated without the previous permission of the provider, he can charge a cleaning fee of up to 250.00 € (net). (4) Smoking is prohibited in the holiday flats. In cases of non-compliance, the provider can charge a cleaning fee of up to 250.00 € (net). Smoking is only permitted on balconies and terraces with closed doors. (5) The use of the internet is permitted in so far as no legal requirements are infringed. Punishable actions (especially illegal downloads, page views) will be reported and prosecuted. The guest is solely liable for any illegal use of the internet. (6) The installation and/or insertion of materials to decorate the holiday flat is prohibited. The guest alone is liable for any installed and/or inserted decorations or the like and exempts the provider from any claims made by third parties. He is further required to cover any damages caused by the installation or insertion of decorations and the like. (7) The provider has the right of access at all times, in particular if there is danger ahead. Suitable consideration shall be given to the interests of the guest, when the right of access is enforced. The provider will notify the guest in advance of the enforcement of the right of access, except in specific cases, where the circumstances make this unreasonable or impossible. (8) Photos and videos for fashion, pornography etcetera are not permitted and will be prosecuted! The provider reserves the right to claim damages for breaches of contract up to an amount of 10,000 €. The upload or publication of pictures taken within the apartment on public networks, such as Facebook, Twitter, Trip Advisor etcetera, is also prohibited. §5 Liability (1) The provider is liable for his contractual obligations. The liability is limited to intent and gross negligence. Should disruptions or deficiencies occur in the services of the provider, he will promptly attempt to remediate the disruption or deficiency upon becoming aware or being reprimanded by the guest because of it. The guest is obligated to contribute within reason to the remediation of the disruption or deficiency and the limitation of any possible damage. (2) The provider is not liable for any items brought by the guest; they do not count as brought in items in terms of the §§701 ff of the German Civil Code. A liability on part of the provider based upon these regulations is thereby explicitly excluded. This also explicitly applies to articles of value, which are stored and/or left behind by the guest in the holiday flat. (3) The guest is liable for all damages, which he, his fellow travelers or his guests culpably cause to the building within which the holiday flat is located, the holiday flat itself and/or the furnishings of the holiday flat. A personal liability insurance is recommended to all guests. The guest is obligated to notify the provider immediately of damages. This especially applies to damages, which can also affect further flats within the building (e.g. water damages, fire damages). (4) Claims by the guest lapse after six months, except if the provider is liable for intent. Claims by the provider lapse after the respective statutory times. §6 Arrival, departure and key hand-over The time of arrival should be communicated to the provider until 7 days before arrival. The hand-over of the keys will take place together with an orientation on location at the flat. (1) The holiday flat is regularly available as of 3 pm on the day of arrival. The arrival has to take place by 9pm, except if a later time of arrival has been specifically agreed upon with the provider. An arrival before 3 pm is also only possible, if this has been previously specifically agreed upon with the provider. In cases of early arrivals, luggage can be stored in our gallery. Please notify us in time. (2) Should an arrival have been arranged and taken place between 9 pm and 8 am, a surcharge can be imposed. (3) The guest is obligated to present the provider with a valid identification card or travel pass. (4) On the day of departure, the guest has to vacate the holiday flat by 11 am or the latest time of departure that was agreed with the provider. Should the holiday flat be vacated at a later time, the provider is entitled to claim an additional fee from the guest. The fee amounts to a) 50,00 € (net), if the departure takes place after 11 am but before 1 pm; b) 100 % of the agreed price of stay/night, if the departure occurs after 1 pm. The provider is further entitled to the coverage of all resulting damages arising from the late departure. (5) The departure according to §6 (4) is only considered effective after all keys have been relinquished to the provider or his representative. For this, if this has been explicitly arranged with the provider, the guest can leave all keys on the table in the holiday flat, when he departs finally, and pull the door to the flat closed. The guest is obligated to check that the door to the flat is closed correctly. (6) The provider can demand a deposit in cases of stays longer than 30 days. The provider will refund this deposit upon the timely departure from the holiday flat and the relinquishing of all keys on the day of departure, if nothing else has been agreed upon and in so far as that the holiday flat does not show any damage for which the guest is liable. Should there be damages to the holiday flat and/or its furnishings that are not covered by the sum of the deposit, the guest has to pay the required amount immediately in cash while still present (§249 (2) of the German Civil Code). The guest is obligated to pay the current price for the new purchase value of furnishings in full. The amount can be offset against the deposit. (7) Should one or more keys be lost, the guest has to cover the cost of the replacement key(s) as well as the exchange of the locks, if applicable. The exclusive place of jurisdiction is Berlin.