Terms
§ 1 Validity of Terms1.1 The services provided take place only according to these terms of service. They are still valid for all future business agreements even without being agreed upon once again. The final point these terms become valid is at booking confirmation by the guest and the service provider.
1.2 The following terms apply exclusively; different or contrary terms of guests do not apply unless the service provider specifically confirms their validity in writing. The following terms remain valid even in case the service provider has knowledge of different or contrary terms of guests and still chooses to provide the full service.
1.3 Changes to these terms apply only in case the service provider confirms those specifically in writing.
§ 2 Offer and Contract
2.1 The service provider’s offer is subject to change and not binding. Acceptance of service and all related descriptions of services offered require the service provider’s written confirmation to become legally valid. The same rule applies to changes, additions or particular agreements.
2.2 The service provider’s staff members are not authorized, to make oral agreements or give assurances which are not covered by this written contract.
§ 3 Booking
3.1 On-line booking becomes binding at the moment of a successful down payment transfer. The apartments and guest rooms are at your disposal on the day of arrival from 2 p.m. until
11:30 a.m. on your check-out day.
3.2 The apartment or guest room will be kept free until 8 p.m. Please give us a short notice in case of later arrival by email or phone.
§ 4 Pricelist, Payment Due Date und Delayed Payment
4.1 Your booking only becomes valid through a follow up down payment within 24 hours from the moment of booking via Online-Payment by Pay Pal a) Credit Card (VISA / MasterCard), b) Online Debit (transfer)
4.2 The total fee less by the sum of the down payment is due on the day of arrival. Payment options: cash.
4.3 The transfer or credit card payment conditions are part of the accommodation contract.
4.4 The pricelist may be updated. Updated prices take place of formerly valid prices and become part of this contract. Guests will be informed about price updates by mail at least 1 month in advance. In case of price increase see § 8 for termination reasons in addition to the extraordinary termination right you are granted from the date of expected price increase.
In order to make use of the extraordinary termination right it is necessary to deliver a written declaration at least 1 week before the price increase becomes valid. Delivery date is decisive it terms of terminating the service on time.
4.5 In case of delayed payment of unsettled bills guests will be charged an additional default interest fee of 5% above the basic rate of interest of the European Central Bank (currently 3.42%) p.a. Further financial claims of the service provider, especially by proving a higher loss in rates of interest may follow.
4.6 A reservation cancelled after arrival before the initial check-out date will be charged at full price for the entire reservation time, or it has to be renegotiated with the service provider. In this case the already accepted listed price is valid.
Additionally a one off processing fee of € 20,00 will be charged.
4.7 Opposing claims of the service provider is only possible based on undisputed or legally valid arguments that are part of this contract agreement. The same rule applies to withholding of payments.
§ 5 Canceling a Reservation
5.1 We can not be made liable for bad weather conditions, cases of illness, itinerary changes or late arrivals. In case of a confirmed reservation we are to be informed about the cancellation at least 8 days in advance to the check-in day. Otherwise you will be charged a part of the total accommodation fee as compensation. See data below for maximal canceling fees. We try to keep the canceling fees as low as possible as often there is a possibility to rent the apartment to third parties. We remain strict in cases guests DON’T SHOW UP. In case of emergencies we reserve the right to change the apartment for a similar or even better one.
5.2 Reservation for 1-8 or more days:
5.2.1 canceling 8 days before arrival or more: - no canceling fee
5.2.2 canceling within 7 days before arrival: the down payment made will be kept as canceling fee.
5.2.3 canceling 6-1 days before arrival: 40% of the total accommodation fee will be charged
5.2.4 canceling on the day of arrival or later: the total accommodation fee will be charged
5.3 Alternate agreements are only valid in cooperation with the service provider and as a signed document.
§ 6 Warranty and Liability
6.1 The service provider can’t be made liable in cases of lost or damaged private property, apartments and inventory if happened as results of deliberate action and/or gross negligence while using the inventory and rooms or when guests failed to perform their supervisory role properly.
6.2 The service provider is not liable in case of unexpected, inevitable and extraordinary events influencing the service quality which occur due to circumstances beyond our control. Circumstances beyond our control are those we cannot influence as a service provider, such as natural disasters
6.3 The service provider is liable in case of minor negligence only if basic contracted obligations (cardinal obligations) are not fulfilled. Otherwise the service provider’s
pre-contractual, contractual and non-contractual liability is limited to cases of gross negligence and deliberate action. The limited liability also applies if the damage is fault of a vicarious agent of the provider. The service provider’s liability of damage is limited in sum to contract typical and foreseeable damages.
§ 7 Privacy Policy, Data Protection and Exchange
7.1 We herewith instruct our guests according to § 33 BDSG (Federal Data Protection Act Germany) as well as according to § 3 TDDSG (Tele Services Data Protection Act Germany) that the service provider processes mechanically their personal data (name/address) in machine reading condition, only for tasks which result from the contract. The provider is authorized to publish the guests’ data should this be necessary for ensuring the company’s operation (public authorities).
§ 8 Final Agreements
8.1 All contracts are governed exclusively by the law of the Federal Republic of Germany. All disputes arising out of or relating to the contracts shall be resolved in Berlin (Germany) as exclusive court of jurisdiction.
8.2 The place of service performance is Berlin (Germany).
8.3 Should individual terms of this contract be or become invalid due to later occurring circumstances, this will not affect the validity of the contract as a whole. To replace the invalid term, the term that is nearest in meaning to that which the two parties had tried to achieve regarding their economical and individual needs, will be used, providing that they had considered this point. The same shall apply to any gaps in this contract.