General Terms and Conditions (GTC) of Glück Auf Appartements GmbH

§ 1 Scope of Application & Contracting Party

These General Terms and Conditions apply to all contracts for the temporary rental of apartments for accommodation purposes concluded between Glück Auf Appartements GmbH, Am Stadtbad 37, 45219 Essen, Germany (hereinafter referred to as the “Provider”) and third parties (hereinafter referred to as the “Guest”).

They also apply to all additional services provided by the Provider in connection with such contracts.

Prior to the handover of the apartment, there is no entitlement to the use of a specific apartment.

§ 2 Description of Services

The Provider makes apartments available for temporary use pursuant to Section 549 (2) No. 1 of the German Civil Code (BGB). The rental period is limited to a maximum of six months.

The services include, in particular, provision of the apartment, heating, and final cleaning after termination of the rental period.

The apartments are intended exclusively for residential purposes. Commercial or unlawful use (e.g., prostitution) is prohibited. Any improper use of the apartment by the Guest constitutes grounds for extraordinary termination of the contractual relationship by the Provider.

§ 3 Conclusion of Contract & Right of Withdrawal

1. Contracts may be concluded in writing, by telephone, or via online booking.
2. By completing the booking, clicking the booking button, and accepting these GTC, the Guest submits a binding offer. The contract is concluded only upon acceptance by the Provider (e.g., through booking confirmation or handover of the accommodation).
3. The Guest warrants that all information provided is accurate and complete, particularly personal identification details.
4. There is no statutory right of withdrawal (Section 312g (2) No. 9 BGB).

§ 4 Prices, Payment, Security Deposit

1. The gross prices stated at the time of booking shall apply.
2. The agreed rent for the entire contractual period is due in full no later than the day of arrival. If a booking is made under the Advanced Purchase Rate or Last Minute Rate, payment is due on the day of booking. In the event of late payment attributable to the Guest, the Provider reserves the right to terminate the contract extraordinarily before the start of the rental period. The assertion of claims for damages remains unaffected. Payments must be made by bank transfer, credit card, or PayPal. Cash payments are excluded.
3. Direct payment or provision of a security deposit (e.g., credit card guarantee) secures the booking.
4. For stays of 14 days or longer, the Provider is entitled to request a security deposit of up to one monthly rate prior to arrival. This may be provided by credit card pre-authorization or bank transfer.

§ 5 Cancellation & Non-Arrival (No Show)

1. A reservation is considered guaranteed once payment has been received. A guaranteed reservation may be cancelled by the Guest in accordance with the applicable cancellation terms (see booking confirmation), stating the reservation number. After expiry of the cancellation period, cancellation is excluded and the Provider retains the right to the agreed remuneration. The same applies in the event of non-arrival (No Show).
2. Special regulations: During trade fairs, special events, or group bookings (defined as four or more apartments booked simultaneously by the same Guest or organization), separate cancellation periods shall apply as individually agreed.
3. For stays exceeding 28 nights, the reservation may be shortened free of charge with 14 days’ notice.
4. For stays of up to 27 nights, no refund shall be granted in the event of early departure after check-in.

§ 6 Check-in/Check-out, Keys, Cleaning

1. Check-in from 3:00 p.m., check-out until 11:00 a.m.
2. Early check-in (from 1:00 p.m.) and late check-out (until 1:00 p.m.) are available subject to availability and subject to a fee (€40 incl. VAT each). For check-out after 2:00 p.m., the full daily rate will be charged.
3. Loss of a key attributable to the Guest will be charged at €150. If replacement of the locking system becomes necessary due to such loss, the Guest shall bear the necessary costs as damages.
4. For stays of 30 days or more, a monthly interim cleaning will be carried out at a cost of €40 incl. VAT, to be borne by the Guest.

§ 7 Use, Conduct, House Rules

1. The apartments must be treated with care. Noise, parties, and disturbances of other guests are prohibited.
2. Smoking is prohibited. In case of violation, a flat fee of €250 will be charged.
3. Any kind of party or celebration is prohibited. This includes gatherings with multiple visitors, organized meetings, events, or other activities exceeding a normal, quiet stay – regardless of noise level. In case of violation, a flat fee of €500 will be charged.
4. Tampering with safety devices (e.g., smoke detectors) will result in a €250 flat fee.

§ 8 Internet Use & Technical Equipment

1. The Guest may not misuse the provided internet access (e.g., illegal downloads, file sharing).
2. In the event of violations, the Guest shall be liable and indemnify the Provider against third-party claims.

§ 9 Pets

Pets are not permitted. Exception: guide dogs/assistance dogs with appropriate proof.

§ 10 Liability & Maintenance

1. The Provider shall be liable without limitation in cases of intent, gross negligence, and injury to life, body, or health. In cases of slight negligence, liability is limited to breaches of essential contractual obligations.
2. The Guest shall be liable for all damages culpably caused by the Guest, visitors, or accompanying persons.
3. Damages must be reported without undue delay.
4. Violations may result in immediate termination.
5. Repairs carried out independently by the Guest are not permitted.

§ 11 Access to the Apartment

The Provider or an authorized representative may enter the apartment after prior notice for inspection, cleaning, or maintenance purposes. Immediate access is permitted in cases of imminent danger.

§ 12 Termination of Contract & Return

1. Unless otherwise agreed (e.g., late check-out), the apartment must be vacated in a broom-clean condition by 11:00 a.m. on the day of departure. Personal belongings, waste, and food must be removed.
2. Apartments not vacated properly may be cleared and cleaned at the Guest’s expense.

§ 13 Subletting & Commercial Use

Subletting or transfer of the apartment to third parties as well as any commercial use is prohibited.

§ 14 Registration Requirement

The Guest is obliged to complete the registration form in full prior to arrival and submit it digitally. The registration form will be sent automatically with the booking confirmation. Without a fully completed registration form, key handover or access to the apartment cannot be granted. In the event of false information, the Provider reserves the right to report this to the authorities.

§ 15 Data Protection

Data collected for booking processing will be processed exclusively for contract fulfillment and in accordance with statutory retention obligations. Our privacy policy applies and can be accessed at: www.glueck-auf-appartements.de/datenschutz

§ 16 Final Provisions

1. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction shall be Essen, provided the customer is a merchant or not a private individual.
3. Should individual provisions be invalid, the remainder of the contract shall remain unaffected.
4. In the event of discrepancies between language versions, the German version shall prevail.