§ 1 GENERAL

The following General Terms and Conditions apply to all services of GLÜCK AUF Appartements GmbH, Am Stadtbad 37, D-45219 Essen (hereinafter referred to as the User), which it makes available to customers in conjunction with the renting out of apartments.

§ 2 PERFORMANCE DESCRIPTION

The services provided by the User comprise granting the use of apartments in the houses specified in the booking process. The provision is for temporary use within the meaning of Section 549 II, No. 1, BGB (German Civil Code) usually in conjunction with a temporary stay of the customer in the respective region.

Services also include the heating and cleaning of the rooms.

§ 3 CONCLUDING A CONTRACT

(1) The contract shall be concluded in writing, by telephone or via online booking procedures.

(2) As part of the online booking process, the customer selects the desired apartment in the desired service period at the prices offered by the User and submits a binding offer to conclude the contract by clicking on the corresponding button. The customer can change and view the data at any time before submitting the offer. However, the offer can only be submitted and forwarded if the customer accepts these terms and conditions by clicking on the “Accept terms and conditions” button and these thus become part of the offer.

(3) By submitting an offer, the customer warrants that the data provided is complete and truthful. The customer undertakes to notify us without delay of any changes to his personal data.

(4) A contract between the customer and the User is only concluded when the user states acceptance.

(5) In the event that a written contract is concluded between the Customer and the User outside of the online booking procedure, the content of which varies in full or in part from these General Terms and Conditions of Business, the content of the written contract shall take precedence in this respect.

(6) The User is authorized to ask the Customer to present a valid passport/identity card.

§ 4 TERM OF CONTRACT, TERMINATION, CANCELLATION

(1) The start and end of the contract term are determined by the contract concluded between the parties.

(2) The rented apartment shall be available to the customer from 15 h on the first day of the contract period.

(3) If the first payment specified in Section 5 (2) is not received at least 7 days before the start of the contract term and, in the case of a booking made less than 7 days before the start of the contract term, not at the latest one workday after the booking, the User reserves the right to terminate the contract concluded between the parties without notice.

(4) The other right to cancellation without notice for good cause is based on the statutory provisions. A reason for extraordinary termination on the part of the User shall also be deemed given, in particular, if the customer is in arrears with the payment of the rent or a significant part of the rent on two consecutive dates or is in arrears with payment of the rent during a period of more than two dates in an amount equal to the rent for two months. A reason for extraordinary cancellation without notice on the part of the User shall also apply, in particular, if the customer fails to comply with the rules of conduct listed below, in particular the smoking ban.

(5) Any termination is subject to the written form.

(6) Cancellation free of charge is possible in writing up to the following dates.

⦁          In the case of bookings with a maximum duration of 14 nights: Up to 2 days before arrival

⦁          In the case of bookings with a maximum duration of 30 nights: Up to 7 days before arrival

⦁          In the case of bookings with a duration of 31 nights or more: Up to 14 days before arrival 

Special cancellation deadlines may apply for trade fairs and special events; these shall be agreed separately.  

The following applies in the case of bookings of 30 nights or more:

⦁          If notice of departure is given up to 14 days before the end of the contract period, the remaining amount shall be canceled free of charge.

⦁          In the event of cancellation up to 7 days before the end of the contract term, 30% of the agreed monthly price is to be paid.  

⦁          In the event of cancellation up to 3 days before the end of the contract term, 50% of the agreed monthly price is to be paid.

⦁          In the event of cancellation up to 2 days before the end of the contract term, cancellation free of charge shall no longer be possible.

§ 5 TARIFFS AND TERMS AND CONDITIONS OF PAYMENT

(1) All prices are gross prices and refer only to the services stated at the time of booking. Services extending beyond this are to be paid for separately. The User’s separately stated tariffs/prices apply.
(2) One-off payments are due immediately upon conclusion of the contract. If payments are to be made monthly, these are due three working days before the beginning of a respective month. Insofar as the term of contract does not begin at the beginning of a calendar month in individual cases, the first day of the month shall be the day that corresponds numerically to the day on which the contract term begins.

(3) The User may, at its discretion, offset payments by the customer against outstanding claims, unless the customer has specified a different purpose for the payment.

§ 6 RULES OF BEHAVIOR

(1) Smoking is strictly prohibited in the apartments. In the event of non-compliance, the User may charge the customer for the cost of any special final cleaning required due to the smell of nicotine, among other things.

(2) Disturbing noise is to be avoided in the building and apartment. Notwithstanding official regulations, disturbing housework and disturbing activities are to be refrained from between 12.00 noon and 2:00 pm and between 8:00 pm and 8:00 am on weekdays. Such work and activities are, at all times, prohibited on Sundays and public holidays.

(3) Parties are not permitted in the apartments.

(4) Radio and television sets and other sound reproduction devices may only be operated at room volume. Music may only be played at room volume and only between 8:00 am and 8:00 pm.

(5) The parking of items, in particular motorbikes, bicycles and prams in corridors, stairwells and the courtyard is only permitted, notwithstanding official regulations, insofar as this does not obstruct other tenants.

(6) Household waste may only be disposed of in the garbage bins made available for this purpose. The official regulations are to be complied with when disposing of special waste, in particular bulky waste.

(7) As a matter of principle, if a separate washing or drying room is available, neither washing nor drying may be undertaken in the apartment.

(8) The customer is advised to take out liability insurance in light of the dangers that may arise from water ingress in washing machines and dishwashers.

(9) If a laundry room or drying room is used by several people, the applicable usage regulations are to be complied with and the reserved times adhered to.

(10) Building and fire regulations are to be observed and complied with.

(11) Flammable or highly flammable materials may not be stored or kept in the attic or cellar. In addition, no furniture, mattresses, textiles or similar items may be stored in the attic.

(12) Doors and windows must be carefully closed at night and in stormy and rainy weather. This also applies to windows in cellar and storage compartments as well as for the respective User of communal rooms.

(13) The apartments are to be adequately heated and ventilated. The floors and all equipment in the apartment are to be treated with due care.

§ 7 ELECTRONIC DEVICES AND TECHNICAL CONNECTIONS

(1) The customer is permitted to use the electronic devices available in the apartment.

(2) The customer is prohibited from connecting their own electronic devices that are not intended for daily use in the rented apartment without the consent of the user. If faults occur in the technical equipment of the apartments in the event of non-compliance, the customer shall be liable for any damage incurred by the User as a result.

(3) The customer is not authorized to upload or download copyright-protected files via the internet made available to the customer. Should this nevertheless occur, the customer shall be liable for all damages incurred by the customer.

§ 8 KEEPING ANIMALS

(1) Bringing pets into the apartments it not permitted. However, exceptions include guide dogs, dogs for the deaf and other comparable service dogs. These may be brought along free of charge and at any time upon presentation of proof.

(2) The customer shall be liable, regardless of culpability, for all damage caused to the User by the animal and shall also indemnify the User against claims by third parties in relation to the animal.

§ 9 ACCESS TO THE APARTMENT

The User, or a person authorized by the User or the User accompanied by authorized persons, is entitled to enter the apartments to determine damage and defects or necessary construction work as well as read measuring devices following prior, timely notification.

In the event of imminent danger, the User, or a person authorized by the User, may also enter the rooms without prior notice to avert the danger if the Customer is absent.

§ 10 MAINTENANCE AND REPAIR OF THE RENTED PREMISES, OTHER LIABILITY

(1) The strict liability in tort on the part of the User for material defects that exist at the time of concluding the contract (warranty liability) is excluded. Section 536 a(1), BGB, shall not, insofar, apply. The exclusion of liability does not apply to damage resulting from grievous bodily harm, physical injury or detrimental effects on health that are based on an intentional or negligent breach of duty by the User or an intentional or negligent breach of duty by a legal representative or vicarious agent of the User. In addition, the exclusion of liability does not apply to other damage that is based on intent or a grossly negligent breach of duty by the User or a legal representative or vicarious agent of the User.

(2) The customer is to notify the user without delay of any damage to the apartment. If the customer performs repair work without having previously requested remedy from the User within a reasonable period of time, the customer shall not be reimbursed for such expenses. This does not apply if immediate action by the customer is required and the User cannot be contacted. The customer shall be liable for any further damage caused by failure to notify the User in good time.

(3) The customer shall be liable for damage culpably caused by him, his family members, visitors, household members, subtenants or by tradesmen and suppliers he commissions. Proving that no culpable behavior applied shall be incumbent upon the customer.

(4) Insofar as the User’s scope of services also includes the provision of a car parking space, the User shall only be responsible for the parking space as such, but not for monitoring the vehicle. Accordingly, there is no custodial relationship between the parties.

§ 11 CONSTRUCTION MEASURES

(1) The customer is to tolerate repair measures and structural changes that are necessary to maintain the house, apartments, avert imminent dangers or eliminate damage in accordance with Section 555 a, BGB.

(2) Modernization measures to save final energy, primary energy, protect the climate, sustainably reduce water consumption, sustainably increase the utility value of the rented property, improve general living conditions in the long-term or to create new living space are to be tolerated by the customer in accordance with Sections 555b, et seq., BGB.

§ 12 SUBLETTING

The customer is only permitted to sublet the apartment with the written consent of the User.

§ 13 END OF THE CONTRACTUAL RELATIONSHIP

(1) The customer is to return the apartment at the end of the contract period by 11 a.m. at the latest, swept clean and with all rented equipment, appliances and keys, including those procured by the customer. Insofar as the customer has not left the apartment by 11:00 am at the latest, the User shall be entitled to pack up the customer’s personal belongings and deposit them, excluding liability for damage to these items (with the exception of damage caused by an intentional or grossly negligent breach of duty by the user or a vicarious agent of the user), if the customer cannot be reached by telephone or his booking portal.

(2) All items brought into the apartment by the customer must be taken away by the customer on the day of departure. Unused food and rubbish produced by the customer must be removed by the customer and disposed of properly.

(3) The customer is to compensate the User in full and without “Deduction new for old” for damage to the furnishings caused by the customer or lost furnishings.

(4) If the customer does not honor his obligation to vacate the apartment in a swept clean condition, the customer shall bear the cost of the additional cleaning work required as a result. Insofar as the customer is required to pay a contractually agreed flat rate for the final cleaning, such a flat rate shall not be offset against the additional obligation to bear the costs. This does not affect potential claims for damages by the user due to loss of expected profits.

(5) Contrary to Section 545, BGB, the tenancy shall not be extended for an indefinite period if the tenant continues to use the rented property following expiry of the rental period.

(6) In the event of loss of keys handed out to or procured by the customer, the User shall be entitled to procure new keys at the customer’s expense or to fit new locks or locking systems and have them fitted with the required number of keys.

§ 14 FINAL PROVISIONS

(1) The User is entitled to amend these General Terms and Conditions of Business unilaterally insofar as this is necessary to eliminate any subsequent equivalence disturbances or to adapt matters in line with changed legal or technical framework conditions. The customer shall be informed by email of the amendment to the General Terms and Conditions of Business. The customer has the option of objecting to the new General Terms and Conditions of Business in text form within 4 weeks. If no express objection is made within the four-week period, the customer shall be deemed to have consented to the validity of the new General Terms and Conditions of Business.

(2) Terms and conditions of business of the customer that contradict or extend beyond these General Terms and Conditions of Business shall not apply without the express written confirmation of the User.

(3) The law of the Federal Republic of Germany applies by way of exclusion of international private law and the UN Convention on Contracts for the International Sale of Goods, insofar as the customer is not a consumer.

(4) The City of Essen is deemed the place of jurisdiction, irrespective of the location of the apartments, insofar as the customer is not a consumer.