Conditions

1. AREA OF APPLICATION & CONTRACTUAL PARTNERS
1. These General Terms and Conditions (GTC) apply to all contracts for the rental of flats and apartments for accommodation, which are concluded between Apartmento 365 GmbH (hereinafter APARTMENTO) and third parties (guests), as well as for all other services and deliveries provided by aforementioned company.

2. RESERVATIONS/BOOKING
1. When a guest books an apartment, the guest submits a request for accommodation, which APARTMENTO will confirm if the booked apartment is available. This creates an accommodation contract between APARTMENTO and the guest.
2. All APARTMENTO offers are subject to change and non-binding. APARTMENTO reserves the right to refuse to conclude the accommodation contract at its own discretion.
3. If only one category is booked in an offered property, the guest has no right to a specific apartment/unit. APARTMENTO may provide industry standards such as minimum stays, booking guarantees or deposits on specific travel dates.

3. CANCELLATION PERIODS/CUSTOMER WITHDRAWAL/FAILURE TO USE THE SERVICES (NO SHOW)
1. A reservation is considered guaranteed once the guest has made payment. According to the displayed cancellation conditions, a guaranteed reservation can be canceled free of charge by the guest by providing the reservation number. After the cancellation period has expired, further cancellation is excluded and APARTMENTO reserves the right to demand the agreed remuneration, less any expenses saved. The same principle applies if the guest does not show up (no show). In the case of multi-day guaranteed reservations, each additional night including the second night will be canceled in the event of no-show; in this case, the guest is not entitled to the following nights.
2. For reservations received on the day of arrival, the guest has one hour to make the payment according to §5.

4. ACCOMMODATION PRICES & OTHER PRICES
1. The currently displayed prices of APARTMENTO apply. The validity of the prices results from the time of the conclusion of the contract.
These applicable and reported prices are gross prices and include all statutory taxes, fees and charges. However, the guest is responsible for local taxes such as tourist taxes, which are not included in the price.

5. TERMS OF PAYMENT & INVOICE
1. The price for the entire accommodation service is always to be paid in advance by the guest.
2. The guest cannot offset unless the offset relates to an undisputed or legally established claim.
3. Accepted payment methods are MasterCard, Visa, American Express, Instant bank transfer /Klarna, PayPal or normal bank transfer. Cash payments are not accepted.
4. APARTMENTO reserves the right to deduct the outstanding amount from the deposited payment method for subsequent charges resulting from the use of additional services or breaches of the general terms and conditions.
5. By booking, the guest agrees that the guest will receive their invoice via download or email.

6. USES OF RESERVED APARTMENTS
1. A reserved apartment can be booked from 3 p.m. on the day of arrival until 11 a.m. on the day of departure.
2. Unless otherwise agreed, provided keys, parking or code cards are to be handed over to a third party commissioned by APARTMENTO or left at a previously agreed or designated storage location in the apartment. A fee of EUR 40.00 will be charged if a key or a parking or code card is lost or not handed over at check-out. APARTMENTO is entitled to demand additional compensation from the guest for the damage incurred if the damage exceeds EUR 40.00. This includes the costs for replacing the affected locking system, insofar as this is necessary for security reasons.
3. APARTMENTO can arrange late check-out for guests upon request and subject to availability. If APARTMENTO accepts a late check-out, APARTMENTO reserves the right to charge EUR 10.00 for each additional hour of use of the apartment. If consent is not obtained, APARTMENTO reserves the right to charge EUR 30.00 for each commenced hour. For departures after 2 p.m., the full daily price of the apartment will be charged and the guest must also pay the full accommodation fee and compensate for the additional damage caused. The guest has the opportunity to prove that APARTMENTO suffered less damage or no damage at all.
4. Upon request and subject to availability, APARTMENTO can arrange an earlier check-in (early check-in) in advance. If APARTMENTO accepts an early check-in, APARTMENTO reserves the right to charge EUR 10.00 per hour or part thereof for further use of the apartment. There is no contractual right to early check-in.

7. TRANSFER, SUBLET, USE
1. Subletting or brokering of the booked apartment is prohibited. This includes, among other things, offering apartments or apartment combinations to third parties at prices that are higher than those displayed by APARTMENTO. An assignment or sale of the claim against APARTMENTO is also not permitted. In these cases, APARTMENTO reserves the right to cancel the reservation, especially if the guest has given false information about the reservation or the payment method to third parties during the transfer/sale.
2. The use of the apartment for purposes other than accommodation, in particular any commercial use by the guest, is expressly prohibited.

8. LIABILITY OF APARTMENTO
1. APARTMENTO is fully liable for damage to life, limb or health for which it is responsible. In addition, APARTMENTO is liable for other damages that are based on an intentional or grossly negligent breach of duty by APARTMENTO. APARTMENTO is only liable for simple negligence and limited to the contract-typical, foreseeable damage in the event of a breach of an obligation, the fulfillment of which is essential for the proper execution of the contract and the observance of which you as a guest regularly pay attention to (cardinal obligations). A breach of duty by APARTMENTO is equivalent to a breach of duty by its legal representatives, employees or vicarious agents. The assertion of further damage is excluded, unless otherwise stated in these General Terms and Conditions.
2. In the event of disruptions or defects in the service provided by APARTMENTO, APARTMENTO will endeavor to remedy the situation if the guest complains immediately or if it becomes aware of it. The customer is also obliged to remedy the disruption or defect to an extent that is reasonable for him and to keep any resulting damage to a minimum. In addition, the guest is obliged to inform APARTMENTO in good time of any serious damage that may occur.
3. APARTMENTO is liable for items brought in according to the statutory provisions. If the guest fails to notify APARTMENTO immediately after becoming aware of the loss, destruction or damage to the delivery item, the claim expires, unless the delayed notification has no influence on the clarification of the facts. If guests want to bring money, securities and valuables worth more than 800 euros or other items worth more than 3,500 euros into the apartment, a separate written agreement with APARTMENTO is required. Otherwise, APARTMENTO is not liable for loss, destruction or damage to these funds or objects.
4. Insofar as APARTMENTO offers guests parking spaces that are subject to a fee or free of charge, no custody agreement is concluded. This does not result in a monitoring obligation on the part of APARTMENTO. In the event of loss or damage to a motor vehicle or bicycle parked or maneuvered on the property or its contents, APARTMENTO is only liable in the event of intent or gross negligence. Visible damage must be reported immediately, at the latest before leaving the car park. APARTMENTO is not liable for damage for which other tenants or other third parties are solely responsible.
5. All claims against APARTMENTO expire within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims due to injury to life, limb or health and/or due to a grossly negligent or intentional breach of duty by APARTMENTO or a breach of a cardinal obligation.
6. APARTMENTO accepts no liability for lost property. This does not apply to liability due to intentional or grossly negligent breaches of duty by APARTMENTO. Lost property will only be returned on request for a fee and an additional processing fee of EUR 15.00. APARTMENTO undertakes to store the data for a total of six months.

9. DEPOSIT OF SECURITY
1. In order to protect APARTMENTO against the guest against all claims arising from the accommodation contract, APARTMENTO is entitled to demand the following security/deposit from the guest before moving into the apartment:
2. For stays of less than three months, the deposit is EUR 250.00.
3. For a stay of three to six months, the deposit corresponds to the amount of a monthly contribution.
4. If the stay is less than three months, APARTMENTO reserves the right to make the security deposit/deposit by pre-authorizing the payment method used to settle the security deposit. If the security/deposit is not paid, the guest has no right to stay in the apartment. If APARTMENTO leaves the apartment to the guest, APARTMENTO is entitled to terminate the accommodation contract without notice if the down payment is not made within the reasonable grace period set.
5. APARTMENTO is obliged to settle the deposit no later than 1 month after the end of the accommodation contract.

10. CUSTOMER DATA
1. In order to communicate with guests, APARTMENTO obligatorily collects e-mail addresses and telephone numbers. In order to verify the identity of the guest, APARTMENTO reserves the right to digitally request the following valid identification documents (identity card or passport for domestic guests; passport for foreign guests) and valid credit card data at check-in during registration.
2. APARTMENTO reserves the right to cancel the reservation if the identity of the guest cannot be established beyond doubt due to missing or incorrect documents.
3. In order to avoid defective and fraudulent bookings, APARTMENTO uses a software solution that uses the data requested by the guest (e-mail address, telephone number, credit card data, address) to determine a so-called "fraud prevention score" for each guest in order to identify fraudulent bookings. APARTMENTO reserves the right to cancel bookings marked accordingly by the system.

11. TERMINATION OF ACCOMMODATION AGREEMENT
1. APARTMENTO reserves the right to terminate the accommodation contract for good cause. If (a) force majeure or other circumstances for which APARTMENTO is not responsible make it impossible to fulfill the contract, (b) the apartment is booked due to misleading or incorrect information or the omission of essential facts, the identity of the guest who solvency or the purpose of the stay, (c) APARTMENTO has reasonable grounds to believe that the use of the Services may affect the smooth operation, security or reputation of APARTMENTO's business, (d) the purpose or reason for the stay is illegal or used for prostitution and (f) in the case of resale or subletting and/or referral (see clause 7).
2. In order to exercise the right of termination, APARTMENTO must notify the guest immediately.
3. If APARTMENTO justifiably terminates the contract, the guest is not entitled to compensation.
4. APARTMENTO also reserves the right to cancel any follow-up bookings made by the guest if APARTMENTO issues a cancellation for reasons for which the guest is responsible or for the reasons stated in Section 1 above; this also applies to bookings that have already been approved.

12. VOUCHERS
1. Vouchers purchased from APARTMENTO can only be used for APARTMENTO services. If there are remaining credits on the voucher at the time of payment, these remain valid and can be used for future bookings. Vouchers are non-refundable, non-resellable, non-transferable and cannot be redeemed for cash in whole or in part. The customer of the voucher is responsible for providing the correct data (especially the email address) to which the voucher and invoice should be sent.

13. NO SMOKING
1. All APARTMENTO apartments are non-smoking apartments. Smoking is strictly forbidden in the apartment and in the common areas of APARTMENTO. This also applies to e-cigarettes, hookahs (shishas), tobacco heaters and similar devices. Smoking is only permitted in the balcony and/or terrace area if they are marked accordingly and the apartment door is closed. In the event of a breach, APARTMENTO reserves the right to require the guest to pay EUR 250.00 as compensation for cleaning expenses, which will be paid separately, including loss of revenue resulting from the apartment not being available for rent as a result. This amount of compensation will be set higher if APARTMENTO proves larger losses.
2. Do not tamper with or block fire exits, fire extinguishers, or fire alarms. A fine of 150 euros can be imposed for violations. This also applies to tampering with or turning off security and/or decibel sensors in the home.
3. The guest bears full responsibility for the intentional or negligent triggering of the fire alarm system (e.g. due to a violation of the smoking ban), but at least bears the costs actually incurred (e.g. the costs for fire brigade or security services).

14. PROHIBITION OF PARTIES AND GATHERINGS
1. Basically, the reserved apartments, common rooms and surroundings must be noise-free. The nighttime quiet time is from 10pm to 6am (“Quiet Hours”) unless otherwise stated in the House Rules. Parties and gatherings are strictly forbidden in the apartments and common areas of APARTMENTO.
2. In the event of a violation, APARTMENTO reserves the right to demand compensation from the guest for the cleaning costs to be paid separately in the amount of EUR 500.00, including any loss of income for which the apartment cannot be rented. The right to further compensation for damages remains unaffected by this. The guest has the option of proving that APARTMENTO suffered less damage or no damage at all.
3. APARTMENTO reserves the right to cancel a valid reservation immediately and to expel the guest from the house if paragraphs 1 and 2 are violated. In such cases, there is no right to a refund or partial refund. Guests have the opportunity to prove that APARTMENTO suffered little or no damage. APARTMENTO reserves the right to use third-party services, such as B. Security services to take advantage of. All costs arising from interventions by third parties shall be borne by the guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
1. In the event of damage beyond normal use or theft, APARTMENTO reserves the right to charge the guest for the damage and certain costs of repairing the damage, including any loss of income due to non-renting of the apartment.

16. PETS
1. Pets are not allowed. However, guide dogs, deaf dogs and other similar service dogs are exempt. They are free of charge and can be carried at any time against proof. If a pet stays in a unit without permission, APARTMENTO will charge the guest a flat rate of EUR 150.00 as a special cleaning fee. In the event of a violation of paragraph 1, APARTMENTO reserves the right to cancel a valid reservation immediately and to expel the guest from the house. In such cases, there is no right to a refund or partial refund.

17. MAINTENANCE
1. When booking an apartment, the guest undertakes to treat the rented apartment, the furnishings and the rooms, facilities and systems intended for communal use with care, to ensure adequate ventilation and heating and to avoid heavy soiling. APARTMENTO reserves the right to charge an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit) if the dirt exceeds normal use.
2. The guest also undertakes to check the completeness and availability of the equipment upon check-in in the apartment and to report any complaints to APARTMENTO immediately.
3. The guest is liable for all damage to the apartment, the furniture and the publicly used rooms, facilities and systems caused by the guest's negligence as a result of improper use and which cannot be attributed to normal wear and tear. The guest must inform APARTMENTO immediately of any damage in the rented apartment.
4. The apartment is cleaned regularly. Access to the apartment is granted by the guest to a service provider commissioned by APARTMENTO.

18. INTERNET USE
1. APARTMENTO offers the guest access to the Internet within the scope of the existing technical and operational possibilities. Disruptions due to force majeure, maintenance work or similar reasons cannot be ruled out.
2. The guest may not misuse the internet connection. Abuse is particularly related to the downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming services and the publication, retrieval or transmission of criminal content (in particular §§ 130, 130a, 131 and 184 StGB) before. The customer is obliged to observe the copyright, patent, name, trademark and personal rights of third parties when using it. Upon first request, the guest shall indemnify APARTMENTO from all third-party claims for damages and from the costs of legal defense in an appropriate amount resulting from the illegal use of the provided internet connection by the guest. This right to indemnification includes, in particular, claims arising from the violation of copyright, patent, name, trademark and personal rights as well as data protection laws.
3. The guest may not pass on access data for the internet connection to third parties. In the event of a violation, the guest is liable to APARTMENTO for all damage caused by the transmission of the access data.
4. APARTMENTO also reserves the right to block a guest's internet connection if they break the law.

19. PRIVACY
1. Here you can familiarize yourself with the data protection regulations: https://www.apartmento.de/de/privacy

20. FINAL PROVISIONS
1. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of applications or these general terms and conditions must be in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.
2. The place of performance and payment is the registered office of the accommodation provider.
3. The exclusive place of jurisdiction in commercial transactions is the registered office of the accommodation facility. If a contractual partner meets the requirements of § 38 paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the accommodation company.
4. German law applies. The application of the UN sales law and the conflict of laws is excluded.
5. Should any provision of this agreement be or become invalid or void, this shall not affect the validity of the remaining provisions. Instead of the invalid/void clause, the parties must formulate a provision that comes as close as possible to the purpose of the invalid/void clause. This also applies to filling any gaps in the contract.
6. We are neither willing nor obliged to take part in dispute settlement procedures before a consumer arbitration board.