General Terms and Conditions

General Terms and Conditions of City Apartment Rhein-Neckar GmbH

This applies to City Apartment Rhein-Neckar GmbH, hereinafter referred to as the provider, as well as to City Apartment Deutschland GmbH.


I. Scope
 

1. These terms and conditions apply to all contracts and agreements on the temporary provision of apartments for accommodation, as well as all other services and deliveries provided by the provider for the guest, hereinafter referred to as the user.

2. Subletting and subletting of the provided apartments, as well as their use for other than accommodation purposes require the prior written consent of the provider, whereby § 540 para. 1 sentence 2 BGB is waived.

3. The user’s terms and conditions shall only apply if this has been expressly agreed in writing in advance.

4. The provider is not necessarily the owner of the respective apartment, but has rented the object of use from the respective owner or other entitled person for the purpose of temporary accommodation, if applicable. Offered furnished living space exclusively for limited time for temporary use.


II. Conclusion of contract, contracting parties, limitation period
 

1. The accommodation contract/booking agreement comes into effect through the acceptance of the user’s application by the provider. The provider is free to confirm the apartment booking in writing.

2. The contracting parties are the provider and the user. If a third party has ordered on behalf of the User, for example a company or institution, he/she shall be liable to the Provider together with the User as joint and several debtors for all obligations arising from the accommodation contract/booking agreement, provided that the Provider has a corresponding declaration from the third party. The third party then becomes the contractual partner.

3. All claims against the provider are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages are subject to a limitation period of five years, irrespective of knowledge. The reductions in the statute of limitations do not apply to claims based on an intentional or grossly negligent breach of duty or on justified withdrawal by the accommodation provider.


III. Services, Prices, Payment, Offsetting, Invoicing
 

1. The user has the possibility to pay the reservation in advance by credit card through our website, in the designated area (with input protected by SSL encryption) within the framework of an advance payment through the payment platforms mentioned below, directly entering the number of the credit card without spaces between the digits, as well as the validity date (the credit card used must be valid at the time of the stay) and the visual cryptogram. The provider has SIX Payment Services (Europe) S.A. as payment service provider to secure online payments by credit card. The customer’s payment card is subject to validation by these partners and may be rejected for several reasons: Card stolen or blocked, credit limit exhausted, input error, etc. In case of problems, the customer must contact his bank on the one hand, and the provider and confirm his payment method on the other hand. The available online payment methods mentioned on the payment page of the website can be Visa and Mastercard cards.

2. All apartments of the provider are fully furnished, equipped (kitchenette with cabinet and refrigerator, bed, closet, desk, TV set, basic equipment cooking utensils) and inventoried. In the price of accommodation are also all running. Operating costs for electricity, water, heating, internet connection via W/Lan, etc. included as a lump sum. The user is responsible for proper, non-excessive use (fair use) of the run. Operating costs to provide. Here, special attention must be paid to proper consumption of electricity, water and heating. GEZ fees are to be paid by the user (these are only due if the user is registered with the local residents’ registration office). A placement fee does not have to be paid.

3. The provider is obliged to keep the apartments booked by the user, or equivalent substitute ready and to provide the agreed services.

4. The user is obliged to pay the prices of the provider, which are valid or agreed upon, for the renting of the apartment and the other services used by him. This also applies to services and expenses of the provider to third parties initiated by the user.

5. The agreed prices include the respective legally valid value added tax.

6. Prices may also be changed by the Provider if the User subsequently requests changes in the number of apartments booked, the Provider’s service or the length of stay of the User(s) and the Provider agrees.

7. Invoices of the provider without due date are payable immediately upon receipt of the invoice without deduction. Invoicing is always on the 1st of each month, or late. 3 working days before the date of arrival. When paying the respective invoice, it is imperative that the invoice number is stated as/in the reason for payment for the purpose of correct, accounting allocation of the payment. The timeliness of the payment is not determined by the date of dispatch, but by the date of receipt of the money. The Provider shall be entitled to declare accrued claims due at any time and to demand immediate payment. In the event of default in payment, the Provider shall be entitled to charge the statutory default interest applicable at the time, as well as a flat-rate reminder fee of 10.00 euros. The provider reserves the right to prove higher damages.

8. The provider is entitled to require the advance payment or a security deposit at the conclusion of the contract or thereafter. The amount of the advance payment and the payment dates may be specified in writing in the agreement.

9. The user can only offset, retain or reduce a claim of the provider with an undisputed or legally binding claim.


IV. Withdrawal of the user (cancellation), non-utilization of the services of the provider (no show)

1. Withdrawal of the user from the contract concluded with the provider requires the written consent of the provider. If this is not done, the agreed price from the contract must be paid even if the user does not make use of contractual services. This shall not apply in the event of a breach of the Provider’s obligation to show consideration for the rights, legal assets and interests of the User, if the User can no longer reasonably be expected to adhere to the contract as a result or is entitled to any other statutory or contractual right of withdrawal.

2. If remaining more than 14 days before the arrival date, a flat rate of 119,00 Euro incl. VAT, per apartment will be charged. Equal or less than 14 days before the arrival date remaining, 50% of the monthly amount for long-term bookings, or 50% of the total amount for a short-term booking, per apartment will be due.

3. The user/visitor can cancel the accommodation contract/booking agreement during the stay in writing (e-mail) with a notice period of 30 days in advance, to the end of the month, without giving any reasons. In this case the user/visitor is obliged to pay the respective accommodation costs for the apartment until the confirmed date of departure.

4. If the provider and the user agreed in writing on a date for withdrawal from the contract free of charge, the user can withdraw from the contract until then without triggering payment and compensation claims of the accommodation provider. The right of withdrawal expires if he does not exercise his right of withdrawal in writing to the Provider by the agreed date, unless there is a case of withdrawal of the User pursuant to Section IV No. 1 Sentence 3.

5. In case of apartments not used by the user, the provider has to credit the income from the subcontracting of the apartments as well as the saved expenses.

6. The provider is free to demand the contractually agreed remuneration and to make a lump-sum deduction for saved expenses. The user is then obliged to pay 90% of the contractually agreed price for the rental of the apartments. However, the user is entitled to prove that the provider has not suffered any damage or that the damage is significantly lower.


V. Withdrawal of the provider

1. The provider reserves a special right to (premature) termination of the booking agreement with a notice period of 2 working days in advance! (e.g. in case of late payment of due bills, noise nuisance, extreme soiling of the apartment or similar). Furthermore, in case of extraordinary circumstances (pandemic emergencies, avoidance of economic damages due to unavoidable surrender of the respective accommodations, etc.), the Provider reserves the right to cancel the booking agreement at any time, with a notice period of 30 days in advance.

2. If the payment for the accommodation is not paid by the User/Buyer/Orderer in due time, the Provider reserves the right to deny the use of the respective apartment to the respective Guest.

3. If a free right of withdrawal of the user within a certain period was agreed in writing, the provider is entitled to withdraw from the contract during this period if there are requests from other interested parties for the contractually booked apartments and the user does not waive his right to withdraw upon inquiry by the provider.

4. If an agreed advance payment or an advance payment demanded above in accordance with point III No. 5 and/or 6 is not made even after a reasonable grace period set by the supplier has expired, the supplier shall also be entitled to withdraw from the contract.

5. Furthermore, the provider is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if:
a) force majeure or other circumstances for which the provider is not responsible make the fulfillment of the contract impossible
b) apartments are booked under misleading or false information of essential facts, e.g. in the person of the guest or the purpose.
c) the Provider has reasonable grounds to believe that the use of the accommodation service may jeopardize the smooth operation of the business, the safety or the reputation of the accommodation business in public, without this being attributable to the Provider’s sphere of control and organization.
d) There is a violation of clause I No. 2 above.

6. The Provider shall notify the User of the exercise of the right of withdrawal/termination without undue delay.

7. In case of justified withdrawal of the provider, the user has no claim for damages.


VI. Apartment provision, handover, return

1. At least two working days before the arrival date, the user will receive an e-mail with all the information about the arrival, the key collection and the protocol of the apartment takeover. A personal handover of keys does not take place.

2. Booked apartments are available to the user from 15.00 on the agreed day of arrival. The key(s) will be deposited in one of our central key boxes in the respective city on the day of arrival, starting at 3:00 pm. As a rule, the user receives 1 key for building entrance door and 1 key for apartment entrance door and 1 mailbox key if necessary. Duplicate keys are not usually issued. The user has no right to earlier provision of the apartment, unless this was agreed in writing and possibly for an additional charge with the provider (early check-in).

3. The user is responsible for the ongoing cleaning of the apartment during his stay in all houses. Appropriate cleaning utensils are provided. A one-time final cleaning we charge the user with 60 euros, incl. VAT. This service is not cancelable. Thus, the provider ensures that subsequent guests will always find a cleaned apartment. Towels and personal belongings are to be brought by the user. Bed linen is provided in all apartments.

4. The user receives a protocol of the apartment handover at the latest on the date of arrival. The user of the apartment is obliged to fill in this protocol and send it back to the provider within three days from the date of arrival. This can be done by email, fax, or postal letter. If the user sends this protocol back to the provider later than three days after the date of arrival, or not at all, the provider can reject the protocol and charge the user/booker for any defects/damage found upon departure and any resulting repair measures.

The arrival protocol is compared with the actual state of the apartment on the day of departure. Any defects/damage found which are not recorded in writing in the arrival report will, if necessary, be repaired by qualified specialist companies and invoiced to the user/booker. The user/occupant is liable for any damage caused, especially if he/she has improperly handled supply and waste water pipes, electronic installations, toilet and heating systems. Likewise, the user/booker is liable for any fire or water damage caused. We recommend that the user check their liability insurance. The user will not be permitted to make any structural changes, such as alterations, installations, drilling, etc. Desired structural changes must be discussed with the provider in advance. The user/occupant is 100% liable for damages caused by unauthorized structural changes.

5. Smoking is not allowed in our studios and apartments. (Exception: on the balconies, of the respective apartments). Should smoking still take place, we will have to charge an additional basic cleaning fee of EUR 250.00. In consideration of allergy sufferers, pets are not allowed.

6. On the agreed day of departure, the apartments must be vacated by 11.00 a.m. at the latest. After that, the provider can charge 50% of the full accommodation price (list price) due to the late vacating of the apartment for its use beyond the contract until 18.00 o’clock, from 18.00 o’clock 100%. Used dishes must be washed properly and put away in the cupboards. The refrigerator must be emptied completely: do not leave food, drinks, etc. behind. The apartment should be handed over broom-clean (sweep neatly and remove coarse dirt). Otherwise, the provider will charge the user another 60.00 euros, including VAT, for special cleaning. Remaining objects of the user will be removed by the provider and stored at the expense of the user/booker (10.00 Euro, incl. VAT / cubic meter / day) for a period of 2 months. If the user does not pick up his objects within 2 months, they will also be disposed of by the provider at his expense. Contractual claims of the user are not justified by this. The user is free to prove that the provider has no or a significantly lower claim to a usage fee.

7. For the loss of the keys for the locking system of the house, the apartment door, or the mailbox, the user/booker will be charged a flat rate of 100,00 Euro, incl. VAT, per key. If the user locks himself out by leaving the key in the apartment and pulling the door shut from the outside, we can open the apartment door in the period 8.00 – 18.00, Monday – Friday, for a flat fee of 100,00 Euro. After 18.00 o’clock, as well as on Saturdays, Sundays and holidays, a locksmith must be commissioned. In this case the flat rate is 250,00 Euro. If the key is stuck inside the lock, the locksmith must be commissioned in any case. The costs for the use of the locksmith are to be borne 100% by the user / visitor.


VII. Liability of the accommodation facility

1. The provider is liable with the diligence of a prudent businessman for his obligation under the contract. Claims of the user for damages are excluded. Excluded from this are damages from injury to life, body or health, if the provider is responsible for the breach of duty. Other damages based on an intentional or grossly intentional breach of duty by the provider and damages based on an intentional or negligent breach of duties typical for the contract by the provider. A breach of duty by the accommodation provider is equal to that of a legal representative or fulfillment.

2. The provider is liable to the user for objects brought in according to the legal regulations. The liability claims expire if the user does not notify the provider immediately after becoming aware of the loss, destruction or damage (§ 703 BGB). Any further liability of the Provider shall be governed by the foregoing number 1 sentences 2 to 4 mutatis mutandis.

3. In case of loss or damage to motor vehicles and bicycles parked or maneuvered on the property and their contents, the provider is not liable, except in case of intent or gross negligence. Number 1 sentences 2 to 4 above shall apply mutatis mutandis.

4. Messages, mail and consignments of goods for users are handled with care. This does not constitute a custody agreement.

5. The user is liable for all damages culpably caused by himself, his employees or his visitors in the respective apartment or to the inventory itself.

6. No liability is assumed for lost property. They will only be returned upon request for a fee. The provider undertakes to keep the data for 3 months.

7. If the provider procures external services, technical or other equipment from third parties for the user, the provider acts on behalf and for the account of the user; the user is liable for the careful handling and proper return of the equipment and indemnifies the provider from all claims of third parties arising from the provision of this equipment.

8. The provider provides the user with W/Lan internet connection in all apartments. Further costs arising from the use of the Internet connection (e.g. chargeable or illegal downloads, etc.) are to be borne by the user. Upon arrival, the Provider shall provide the User with the router and the access data for the WLAN connection. Both parties agree that the user is solely responsible for the use of Internet connections and illegal Internet use. In case of illegal use, the provider may block the Internet connection without notice. In this case, the user is not entitled to a price reduction. The Provider expressly draws the User’s attention to the fact that the provision of access within the framework of a publicly used W/LAN involves special risks for data security. These risks are again significantly increased compared to conventional access switching via wireline telecommunications. The provider expressly bears no liability for the fact that a third party stores or modifies the user’s data transmitted via the W/Lan.

The user undertakes to use the Internet in a lawful manner. He assures that he will not retrieve or disseminate any content relevant to criminal law or violate any other rights of third parties within the scope of use. Violation of this provision entitles the Provider to immediately terminate the booking agreement and exclude the User from the Internet. The user indemnifies the provider from any claims of third parties due to illegal use of the internet. The user shall inform the provider immediately of any claims made by third parties due to unlawful use of the Internet.
The provider is not liable for lost profits, lost savings, damages from claims of the user or third parties and other direct and indirect consequential damages.


VIII. Final Provisions / General

1. Our office and service hours are from Monday to Friday from 8:00 – 17:00. In case of emergencies (burst water pipe, loss of keys or similar) you can reach our emergency service at: 0621 / 437 313 21.

2. Changes and additions to the contract, the acceptance of the application or the General Terms and Conditions for Accommodation Accommodation must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the user or booker are invalid.

3. Place of performance and payment are the registered office of the provider.

4. The exclusive place of jurisdiction – also for disputes concerning checks and bills of exchange – in commercial transactions shall be the registered office of the supplier. Insofar as a contracting party fulfills the prerequisite of § 38 para. 2 ZPO (German Code of Civil Procedure) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the Provider.

5. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

6. Should individual provisions of these general terms and conditions for accommodation be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.

City_Apartment_Logo_hoch_invers
Contact Head Office

City Apartment Rhein-Neckar GmbH
Berliner Str. 22a
68161 Mannheim

Phone: +49 (0) 621/ 43 73 13 20
E-Mail: info@city-apartment-deutschland.de