T&Cs

GENERAL TERMS AND CONDITIONS FOR THE BOARDINGHOUSE ACCOMMODATION AGREEMENT

I. SCOPE OF APPLICATION

These General Terms and Conditions apply to services provided by KEWOG Kommunale Entwicklungs- und Wohnungsbaugesellschaft mbH, Falkenberger Straße 10, 95643 Tirschenreuth, Germany, or affiliated companies (hereinafter referred to as the “Longstay Apartments Operator”) to the purchaser of the respective services (hereinafter referred to as the “Customer”). The services and deliveries to be provided by the Longstay Apartments Operator to the Customer consist in particular of the temporary rental of apartments and rooms for accommodation purposes against payment, as well as other related services and deliveries. The Longstay Apartments Operator shall be entitled to provide its services through third parties.

Any deviating terms and conditions of the Customer shall not apply. This shall also apply if the Longstay Apartments Operator does not expressly object to the inclusion of such terms and conditions.

General terms and conditions of the Customer shall only apply if expressly agreed in writing in advance.

In addition, any supplementary terms agreed at the time of contract conclusion shall apply.

II. CONCLUSION OF CONTRACT

The respective contract (e.g. regarding the temporary rental of apartments and rooms for accommodation purposes or regarding additional services booked in advance or on site, etc.) shall be concluded by the Customer’s oral or written request and acceptance by the Longstay Apartments Operator. Text form and transmission by means of distance communication within the meaning of Section 312c para. 2 German Civil Code (BGB) shall also be permissible. The Longstay Apartments Operator shall be free to choose the form of declaration of acceptance. By submitting the request, the Customer waives receipt of the declaration of acceptance by the Longstay Apartments Operator. Booking proposals sent to the Customer by the Longstay Apartments Operator shall merely constitute non-binding invitations to submit an offer.

Upon arrival of the Customer, the Longstay Apartments Operator shall be entitled to request presentation of a valid identity card or passport. If the Customer fails to comply, the Longstay Apartments Operator shall be entitled to refuse performance. In this case, Clause VII.2 shall apply accordingly.

If the Customer books the services of the Longstay Apartments Operator for use by a third party, the following shall apply:

(i) The Customer shall inform the Longstay Apartments Operator of the third party’s name and address; upon arrival, the Longstay Apartments Operator shall be entitled to request presentation of a valid identity card or passport of the third party, as well as a declaration by the third party to comply with these General Terms and Conditions.

(ii) If the third party fails to comply with the request of the Longstay Apartments Operator, the Longstay Apartments Operator shall be entitled to refuse performance. In this case, Clause VII.2 shall apply accordingly.

III. PROVISION, HANDOVER AND RETURN OF APARTMENTS AND ROOMS

Booked apartments and rooms shall be available to the Customer from 3:00 p.m. on the agreed day of arrival. The Customer shall have no right to earlier availability.

On the agreed day of departure, apartments and rooms must be vacated and returned to the Longstay Apartments Operator no later than 11:00 a.m. If the Customer returns the apartment or room later without prior agreement (e.g. late checkout), the Longstay Apartments Operator may demand lump-sum compensation amounting to 50% of the daily accommodation rate, or 100% if returned after 3:00 p.m., for the withholding of the apartment or room, increased cleaning costs due to delayed vacating, and loss of profit. The Customer shall be entitled to prove that no damage occurred or that the damage was significantly lower than the lump sum.

IV. USE, OCCUPANCY, SUBLETTING

The Longstay Apartments Operator grants the Customer use of the respective apartment or room exclusively for accommodation purposes and exclusively for temporary use. Subletting or any other transfer of use to third parties not named in the contract shall not be permitted without prior written consent of the Longstay Apartments Operator. Section 540 BGB shall apply accordingly, with the proviso that Section 540 para. 1 sentence 2 BGB shall be excluded unless the Customer is a consumer. If consent to subletting has been granted, the Longstay Apartments Operator may revoke such consent for good cause.

Keeping animals and smoking are generally prohibited within the scope of these General Terms and Conditions. Animals shall only be permitted upon express approval and only in designated apartments and rooms subject to availability, and exclusively limited to dogs.

The Customer shall be obliged to treat the apartments, rooms, common areas and facilities with due care. The Longstay Apartments Operator reserves the right to claim damages for negligent or intentional damage caused by the Customer beyond normal wear and tear. This applies in particular to damage to provided furniture, water, moisture, fire and heat damage caused by improper use of windows or kitchen appliances, as well as damage and contamination caused by animals or smoking in the apartments and rooms.

V. SERVICES, PRICES, PAYMENT, SET-OFF

The Longstay Apartments Operator shall be obliged to keep available the booked apartments and rooms of the booked category and to provide the agreed services. There shall be no entitlement to a specific apartment or room.

Agreed prices include taxes and local charges applicable at the time the contract is concluded. Not included are local charges owed directly by the guest under municipal law, such as visitor’s tax, even if collected and remitted by the Longstay Apartments Operator on behalf of the guest.

If statutory VAT is increased or local charges relating to the service object are newly introduced or increased after conclusion of contract, prices shall be adjusted accordingly. For contracts with consumers, this shall only apply if the period between contract conclusion and performance exceeds four months.

The Customer shall be obliged to pay the applicable or agreed prices of the Longstay Apartments Operator for the rental of apartments or rooms and any additional services used. This shall also apply to services commissioned by the Customer directly or through the Longstay Apartments Operator and bwrbbbbwrwrwrrwrwrwrwrwrwrrwbbbwbwb by the Longstay Apartments Operator but provided by third parties. Agreed prices include applicable statutory VAT.

The Longstay Apartments Operator may make consent to a requested subsequent reduction in the number of booked apartments or rooms, services, or duration of stay conditional upon an increase in price for apartments, rooms and/or other services.

Unless otherwise agreed, remuneration owed by the Customer shall become due immediately upon receipt of invoice. This applies equally to advance, interim and final invoices. In case of default of payment, the Longstay Apartments Operator shall be entitled to charge statutory default interest currently amounting to 9 percentage points above the base rate, or 5 percentage points above the base rate where a consumer is involved. Proof of higher damages remains reserved. The Longstay Apartments Operator may require, upon contract conclusion or no later than arrival, a security deposit in the form of a credit card guarantee of up to 100% of the remuneration for booked services, but not more than three monthly payments.

In justified cases, e.g. payment arrears or extension of the contractual scope, the Longstay Apartments Operator shall be entitled, even after contract conclusion and until the beginning of the stay, to request security in accordance with Clause 6 above or an increase of agreed advance payments or security up to the full agreed remuneration.

Furthermore, at the beginning and during the stay, the Longstay Apartments Operator may request a reasonable advance payment for existing and future claims arising from the contract. Monthly fees for the rental of Longstay Apartments shall be payable in advance; the first instalment shall be due upon arrival.
The Customer may only offset claims against claims of the Longstay Apartments Operator if such claims are undisputed, legally established or ready for decision.

If the consumer price index for Germany determined by the Federal Statistical Office (base year 2010 = 100) changes by more than five percent between contract conclusion and commencement of accommodation, the net accommodation fee shall change in the corresponding percentage ratio. Adjustment after commencement of accommodation is excluded.

VI. VAT TREATMENT, RENTAL PERIOD

The Customer acknowledges that the rental of apartments and rooms by the Longstay Apartments Operator is for short-term accommodation of guests within the meaning of Sections 12 para. 2 no. 11 and 4 no. 12 sentence 2 German VAT Act.

The Customer undertakes to use the provided premises only on a short-term basis, i.e. in any case not continuously for more than 6 months (179 days).

The Customer confirms that such use is neither intended nor demanded nor carried out. If the Customer books services for a third party, the Customer shall ensure that the third party is informed of and complies with the provisions of this Clause VI. The Customer shall indemnify the Longstay Apartments Operator against all disadvantages resulting from breach of the above obligations.

The Longstay Apartments Operator shall have the right to archive information on identity, residence and habitual place of residence of the Customer and any third party using the services in accordance with the reservation records. Clause XIII remains unaffected.

The Longstay Apartments Operator and the Customer agree to take all measures suitable under the current legal situation to ensure compliance with the above accommodation conditions. Should current or future tax circumstances differ from the present situation, both parties already agree to cooperate and mutually support each other in clarifying and, if necessary, correcting such matters.

VII. WITHDRAWAL FROM CONTRACT (CANCELLATION) / NON-USE OF SERVICES (NO SHOW)

If neither a contractual nor statutory right of withdrawal exists in favour of the Customer, the Longstay Apartments Operator shall retain entitlement to the agreed remuneration despite non-use of services. However, income from alternative rental and saved expenses shall be deducted.

If apartments and rooms are not used and not otherwise rented out, the Longstay Apartments Operator may demand the contractually agreed remuneration and calculate saved expenses, especially cleaning and catering costs, on a lump-sum basis. In this case, the Customer shall be obliged to pay 90% of the agreed price for overnight stays with or without breakfast, 70% for half-board arrangements, and 60% for full-board arrangements. The Customer may prove that higher savings were made or that the claim does not exist or not to the demanded extent.

If a deadline for free cancellation or free withdrawal in text form has been agreed between the parties, the Customer may cancel the booking or withdraw from the contract until that deadline without triggering payment or compensation claims. The right expires if not exercised in text form by the agreed deadline.

VIII. WITHDRAWAL BY THE LONGSTAY APARTMENTS OPERATOR

If the Customer fails to pay a due invoice by the payment deadline, or fails to pay a due interim invoice or agreed instalment within a reasonable grace period set by the Longstay Apartments Operator, the Longstay Apartments Operator shall be entitled to withdraw from the contract, terminate without notice and/or claim damages for non-performance. Further rights remain unaffected.

Furthermore, the Longstay Apartments Operator shall be entitled to withdraw from the contract before handover of the apartment or room for good cause or, after handover, to terminate extraordinarily without notice for good cause. Good cause exists in particular if:

• the security deposit under Clause V.6 is not provided within a reasonable period;
• force majeure or other circumstances beyond the control of the Longstay Apartments Operator make contract fulfilment impossible;
• services were booked under misleading or false information regarding essential facts;
• justified reason exists to assume that use of the services may jeopardise smooth operations, safety or public reputation of the Longstay Apartments Operator;
• the Customer transfers the apartment or room to a third party without authorisation;
• the Customer uses the apartment or room contrary to contract, e.g. commercially or for purposes unrelated to mere overnight accommodation;
• the Customer persistently and substantially disturbs the peace of the premises.

IX. LIABILITY OF THE LONGSTAY APARTMENTS OPERATOR

The Longstay Apartments Operator shall be liable for damage caused by it resulting from injury to life, body or health. It shall also be liable for other damage resulting from intentional or grossly negligent breach of duty or breach of essential contractual obligations for which it is responsible. Further claims for damages are excluded unless otherwise provided in this Clause IX.

Should disruptions or defects occur in the services, the Longstay Apartments Operator shall endeavour to remedy them upon knowledge thereof or immediate complaint by the Customer. Liability independent of fault for initial defects is excluded. Clause 1 remains unaffected.

Recognisable defects or other damage in the apartment, room or its furnishings must be reported immediately by the Customer. The Customer shall be liable for further damage caused by delayed notification. The Customer shall contribute what is reasonably expected to remedy disturbances or reduce possible damage.

For items brought in, the Longstay Apartments Operator shall be liable according to statutory provisions, but limited to one hundred times the daily room rate, maximum EUR 3,500, and for money, securities and valuables up to EUR 800. Money, securities and valuables up to EUR 15,000 should be stored in the boardinghouse or apartment/room safe if available. The Longstay Apartments Operator recommends use of this option.

If a parking space is provided on the premises, even for a fee, no safekeeping contract shall arise. The Longstay Apartments Operator shall have no duty of supervision. It shall not be liable for loss of or damage to vehicles parked on the premises or their contents except in cases of intent or gross negligence. Clause 1 applies accordingly.

Wake-up calls shall be provided upon request. Liability is excluded except in cases of intent or gross negligence. Clause 1 applies accordingly.

X. INTERNET USE

Use of the internet in apartments, rooms and other premises shall be at the Customer’s own risk. The Customer shall be solely responsible for data transmitted via the internet, services used and legal transactions concluded, and shall bear all related costs. The Customer undertakes to comply with applicable law when using the internet and in particular not to access or distribute immoral or unlawful content, unlawfully reproduce or distribute copyrighted material, comply with youth protection regulations, not send harassing, defamatory, threatening or otherwise unlawful content, not use internet access for mass or chain messages (“spam”) or other unlawful advertising, and generally refrain from any conduct that could expose the Customer and/or the Longstay Apartments Operator to third-party liability claims. The Customer shall indemnify the Longstay Apartments Operator against all damage and third-party claims resulting from unlawful internet use or breach of this Clause X, including all costs of judicial or extrajudicial defence.

XI. LIMITATION PERIOD

All claims of the Customer against the Longstay Apartments Operator arising from or in connection with the contract shall become time-barred after one year. The limitation period begins when the claim arises and the creditor obtains knowledge of the circumstances giving rise to the claim and the identity of the debtor, or would have obtained such knowledge without gross negligence. This shortening shall not apply to claims based on intentional or grossly negligent breach of duty or injury to life, body or health. Section 199 para. 2 to 5 BGB shall otherwise apply.

XII. FINAL PROVISIONS

Amendments or supplements to the contract, acceptance of application or these General Terms and Conditions must be made in writing. This also applies to waiver of this written form requirement.
Place of performance and payment shall be the place where the apartment or room made available for accommodation is located.

German law shall apply. Application of the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules is excluded. Place of jurisdiction shall be the place where the apartment or room made available for accommodation is located.

Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. In the event of invalidity, Sections 133 and 157 BGB shall apply accordingly. The same applies to any contractual gaps.

XIII. COLLECTION AND STORAGE OF PERSONAL DATA

The collection, storage and use of personal data by the boardinghouse operator shall take place within the framework of the applicable legal provisions. Details can be found in the boardinghouse operator’s privacy policy available at www.the-place-to.be.