AGB
General Terms and Conditions 1. Scope & Contracting Partner These General Terms and Conditions, hereinafter referred to as T&Cs, apply to all contracts for the rental of apartments and flats for accommodation concluded between the host and guests, for all services and deliveries provided. The guest's contractual partner in Germany is Sadik Ahmet Mutlu. The host/person responsible for the accommodation is: Sadik Ahmet Mutlu, Ringstr. 5859821 Arnsberg, VAT ID No.: DE365668356, Tel: 491756663956, Email: sadik-mutlu@t-online.de
2. Reservations/Bookings By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from the host. This confirmation constitutes an accommodation contract between the host and the guest. Offers from the host regarding available apartments are subject to change and non-binding. The host is free to refuse to conclude an accommodation contract at its own discretion. The host reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for specific travel dates.
3. Cancellation Deadlines/Customer Withdrawal/Non-Use of Services A guaranteed reservation is only valid once the guest has paid the host. This reservation can be canceled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the corresponding reservation number. If a right of withdrawal has not been agreed or has already expired (expiration of the free cancellation period), there is no statutory right of withdrawal or termination, and the host does not agree to a contract cancellation, the host retains the right to the agreed remuneration despite non-use of the services or late cancellation. The host must credit the income from other rentals as well as the saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for the overnight stay. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount. In addition, in the case of a multi-day guaranteed reservation, if the guest fails to show up, all subsequent nights from the first night onwards will be canceled, and the guest is not entitled to any subsequent nights. For reservations made on the day of arrival, the guest must pay for the stay immediately, usually within one hour, in accordance with Section 5. 4. Overnight Prices & Other Prices The prices quoted by the host at the time of contract conclusion are valid. Applicable and quoted prices are gross and include all statutory taxes, fees, and charges. Local charges owed by the guest themselves, such as tourist taxes, are not included. 5. Payment Terms & Invoice The price for the overnight stay booked by the guest must always be paid in advance by the guest. Set-off by the guest is excluded unless the set-off concerns an undisputed or legally established claim. Accepted means of payment are regular bank transfers. Cash payments are only accepted after consultation between the host and guest. By making a reservation, the guest agrees to receive his/her invoice as a download or via email.
6. Use of reserved apartments and flats: A reserved apartment is available for the period specified after booking. The keys provided by the host must be left in the designated location on the day of departure. Loss of a key or failure to return the key will incur a fee of €40.00. The host is further entitled to charge the guest further compensation for any resulting damage if the damage exceeds €40.00. This also includes replacing the affected locking system if necessary for security reasons.
7. Transfer, Subletting, Use Subletting of the booked apartment is prohibited. This includes, in particular, the subletting of apartments or apartment contingents to third parties at prices higher than those stated by the host. Likewise, the assignment or sale of claims against the host is not permitted. In these cases, the host is entitled to cancel reservations, particularly if the guest has provided false information regarding the type of booking or payment to third parties upon assignment/sale. The use of the apartments by the host for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use. Without explicit consent, the use of the apartments for photography or video recordings is also prohibited. In the event of use for reasons other than accommodation, the host reserves the right to cancel the reservation without refund and to vacate the rental property. 8. Host Liability The host is liable without limitation for damages resulting from injury to life, limb, or health for which he is responsible. The host is also liable for other damages resulting from an intentional or grossly negligent breach of duty by the host. In the case of simple negligence, the host's liability is limited to the damage typically foreseeable under the contract, provided that a duty is violated whose fulfillment makes the proper execution of the contract possible and on whose compliance the guest can rely. A breach of duty by the host is equivalent to that of his legal representatives, employees, or vicarious agents. Further claims for damages, unless otherwise provided in these General Terms and Conditions, are excluded. In the event of disruptions or defects in the services provided by the host, the host will endeavor to remedy the situation upon immediate notification by the guest or upon becoming aware of the problem. The guest is also obligated to do what is reasonable to remedy the disruption or defect and to minimize any resulting damage. Furthermore, the guest is obligated to immediately inform the host of the possibility of significant damage. The host is liable for items brought into the property in accordance with statutory provisions. Any claim by the guest expires if they do not report the loss, destruction, or damage to the host immediately after becoming aware of it, with the understanding that a delayed report will have no impact on the clarification of the matter. In the event of the bringing of funds, valuables, or other valuables with a value exceeding €800, or other items with a value exceeding €3,500, a separate written agreement with the host is required. Otherwise, the host's liability for loss, destruction, or damage to these funds or items is excluded. No safekeeping contract is concluded if the guest is provided with a parking space by the host, whether for a fee or free of charge. This does not result in any monitoring obligation for the host. The host is not liable for damage caused solely by other guests or other third parties. Any claims against the host generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb, or health and/or due to grossly negligent or intentional breach of duty by the host, as well as in the case of breaches of a cardinal duty. The host assumes no liability for lost property. 9. Deposit: To secure all claims of the host against the guest resulting from the accommodation contract, the host is entitled to collect the following security deposit from the guest prior to occupancy of the apartment. The amount of the deposit depends on the length of stay and is €250.00 for stays under 3 months.
10. Customer Data The host is required to collect and record the guest's email addresses and telephone numbers to ensure communication. Likewise, the host is entitled to digitally request a valid identification document upon check-in. For domestic guests, this is an identity card or passport; for foreign guests, it is always a passport. If a guest's identity cannot be clearly established due to missing or incorrect documents, the host is entitled to cancel the booking. 11. Termination of the Accommodation Contract The host reserves the right and is entitled to terminate an accommodation contract for good cause, in particular if a good cause exists: A. in the event of force majeure or other circumstances beyond the host's control that make fulfillment of the contract impossible. B. if the host has reasonable grounds to believe that the use of the accommodation service could jeopardize the smooth operation, security, or image of the host, without this being attributable to the host's sphere of control or organization. C. if bookings are culpably made using misleading or false information or by concealing essential facts. The only relevant factors in this case are the guest's identity, ability to pay, or the purpose of the stay. D. if the purpose or reason for the stay is illegal or serves residential prostitution. E. in the case of resale, subletting, or re-brokerage. The host must inform the guest immediately of the exercise of the right of termination. 12. Internet Use The host will provide the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work, or similar, cannot be ruled out. The guest may not misuse the internet connection. Misuse occurs in particular in the following cases: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services, and the posting, retrieving, or transmitting criminally relevant content (in particular pursuant to Sections 130, 130a, 131, and 184 of the German Criminal Code). The guest is obligated to respect the copyright, patent, name, trademark, and personality rights of third parties when using the service. The guest shall indemnify the host upon first request from all claims and demands for damages by third parties, as well as from reasonable legal defense costs, caused by the unlawful use of the provided internet connection by the guest or by third parties with the guest's knowledge. This indemnification claim includes, in particular, claims arising from the infringement of copyright, patent, name, trademark, and personality rights, as well as violations of data protection law. The guest is prohibited from disclosing the access data for the host's internet connection to third parties. This also applies to the publication of any access data. In the event of a violation, the guest is liable to the host for all damages caused by the disclosure of access data. Furthermore, the host reserves the right to block the guest's internet connection in the event of legal violations.
13. House Rules a. Check-in and -out: Check-in is from 3:00 p.m., check-out is by 11:00 a.m. at the latest. Guests who stay beyond the agreed check-out time or who disrupt our cleaning are liable for all resulting costs and expenses. b. Registration form: According to §§ 23 and 24 of the Registration Act, we are required to provide a registration form for each guest staying with us. By booking, you therefore agree to complete our registration form during online check-in. c. Quiet hours: Out of respect for our neighbors, we ask you to observe the quiet hours between 10:00 p.m. and 6:00 a.m. d. Smoking and partying ban: Smoking, parties, and excessive noise are not permitted, even in common areas such as hallways or stairwells. Violations of the smoking ban will result in a fee of €250, as well as additional costs for special cleaning and damage repair. If the party ban is violated, the booking will be canceled immediately. e. Security: Noise measurement systems are installed in the apartments to monitor excessive noise. Video surveillance is installed in public areas to identify unauthorized guests and theft. f. Photography and Videography: Commercial photography/videography without written permission, as well as illegal activities, are strictly prohibited. g. Pets and Removing Shoes: Pets and entering with shoes on are not permitted. Violations of our policies may result in a separate cleaning fee. h. Number of Guests: Guests exceeding the number specified in the reservation are not permitted. We charge €35 per night of the reservation for each unauthorized guest. i. Ventilation of the Premises: Thorough ventilation is required to prevent mold growth and high humidity. We therefore ask that you ventilate the rooms regularly and adequately. j. Damage and Loss: Guests are fully responsible and liable for any damage or loss to the premises and facilities. Guests must report any damage or loss immediately.
14. Final Provisions a. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid. b. Place of performance and payment is the registered office of the accommodation provider. c. The exclusive place of jurisdiction in commercial transactions is the registered office of the accommodation provider. d. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. e. Should any provision of this contract be or become invalid, void or unlawful, the validity of the remaining provisions shall not be affected. In place of the invalid/unlawful provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid/unlawful provision. This also applies to the filling of any gaps in the contract. f. The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
