SUITE & APART – hereinafter called “Provider”
Am Zirkus 13
As of 01.04.2020
§ 1 Scope of application
(1) The services of the provider are provided exclusively on the basis of these terms and conditions. These are therefore also valid for all future business relations, even if they are not expressly agreed upon again. At the latest with the confirmation of the service by the signature of the guest and the provider, these terms and conditions are considered accepted.
(2) These Terms and Conditions of Business apply to contracts for the rental of apartments, accommodation and all other services and deliveries provided by Schempf GbR to the orderer/tenant. The rental of apartments is made by means of an accommodation contract for temporary use (hereinafter referred to as “Accommodation Contract”).
(3) Subletting or subletting of the provided apartments and their use for purposes other than accommodation is not permitted.
§ 2 Offer and conclusion of contract
(1) With his registration, the customer/tenant submits an offer that Schempf GbR can accept. The registration also applies to all guests listed in the registration. The lodging contract for the apartment described in the attached document is bindingly concluded when Schempf GbR has confirmed the reservation request of the customer/tenant electronically or in text form. If the content of the confirmation differs from the content of the registration, Schempf GbR must be notified immediately. In this case, a new confirmation will be issued.
(2) Schempf GbR may refuse to accept the offer of the customer/tenant without stating reasons.
(3) The apartment will be rented to the purchaser/tenant for the specified contract period (maximum 12 months) exclusively for use for vacation/business trips and may only be occupied by the maximum number of persons specified in the accommodation contract.
(4) For stays of 30 days or more, Schempf GbR reserves the right to conclude an additional written accommodation contract on site. This contains the conditions previously agreed upon by both parties.
(5) The provider’s employees are not authorized to make verbal collateral agreements or to give verbal assurances that go beyond the content of the written contract.
§ 3 Contract partner
(1) The orderer/tenant is considered a guest and contractual partner of Schempf GbR, even if he has ordered or co-ordered for other persons.
(2) The contracting parties are Schempf GbR and the customer/tenant. If a third party has made a reservation for the customer/tenant, the customer/tenant is liable to Schempf GbR together with the customer/tenant as joint and several debtor for all obligations arising from the reservation contract.
§ 4 Services, payment, prices and deposit
(1) Schempf GbR is obliged to keep the apartments booked by the customer/tenant ready and to provide the agreed services.
(2) The customer/tenant is obligated to pay Schempf GbR the applicable or agreed prices for the apartment and any additional services used by the customer/tenant prior to check-in. This also applies to services and expenses of Schempf GbR to third parties initiated by the purchaser/tenant.
(3) The entire accommodation price is due on the day of arrival, less any advance payments made. Payment options: Cash payment, credit card or EC card. For bookings of 30 nights or more, the first monthly rent is to be paid 14 days before the start of the rental period. Thereafter, a monthly payment of the rent is due according to the accommodation contract. For a binding booking, a credit card is mandatory as guarantee. Schempf GbR reserves the right to charge up to 10% of the total accommodation price in advance in order to check the validity of the credit cards indicated.
(4) Due to the fact that the rental price agreed upon is only temporary in nature, all additional costs charged at a flat rate in accordance with § 2 of the Operating Costs Ordinance (also, for example, for consumption-dependent costs such as electricity, heating, water) are included in the flat rate. Due to the only temporary use, the customer/tenant agrees in particular to a lump-sum settlement of the heating and hot water costs. Only in the event of excessive consumption can a subsequent adjustment be made on the basis of the consumption recording. If the parties to the contract have expressly agreed on a consumption-dependent settlement or additional services, the use of which the customer/lessee is free to choose, these additional costs shall be invoiced separately.
(5) The agreed prices include the respective statutory value added tax. If the period between contract conclusion and contract performance exceeds 4 months and if the price generally charged by Schempf GbR for such services increases, Schempf GbR may raise the contractually agreed price appropriately, but by no more than 5%. Prices may also be changed by Schempf GbR if the buyer/tenant subsequently requests changes to the number of apartments booked, the services provided by Schempf GbR or the length of stay of guests and Schempf GbR agrees to such changes.
(6) For stays of 30 days or more, the orderer/tenant shall pay a security deposit of EUR 500.00 for the Elisabeth Apartments and EUR 1,000.00 for the Yoo Apartments to Schempf GbR. The security deposit must be paid at the latest upon check-in or in advance by bank transfer and is not subject to interest. It shall be returned to the buyer/tenant within 30 days after termination of the rental agreement at the latest, after it has been determined that Schempf GbR has no claims whatsoever against the buyer/tenant (e.g. for damage and/or loss of items belonging to the rental property (for this purpose, the buyer/tenant shall be provided with an equipment/inventory list at check-in) or in the event of subsequent invoicing for excessive consumption).
(7) All claims against Schempf GbR are generally subject to a limitation period of one year from the beginning of the knowledge-dependent regular limitation period of § 199 para. 1 BGB. Claims for damages shall become statute-barred after five years irrespective of knowledge. The shortening of the statute of limitations does not apply to claims based on an intentional or grossly negligent breach of duty by Schempf GbR.
(8) If the customer/renter defaults on the payment of due invoices, the customer/renter shall be obliged to pay interest on arrears at a rate of 5% above the base rate of the European Central Bank p.a. The assertion of further default claims by the supplier, in particular the proof of higher interest damage, is not excluded.
§ 5 Cancellation
(1) Withdrawal by the customer/tenant from the contract concluded with Schempf GbR requires the written consent of Schempf GbR. Failing such consent, the agreed price from the contract shall be payable even if the customer/renter does not make use of contractual services; the details are governed by the cancellation terms below. This does not apply in the event of a breach of Schempf GbR’s obligation to take into account the rights, legal interests and interests of the customer/tenant, if the customer/tenant can no longer be reasonably expected to adhere to the contract or if he/she has any other legal or contractual right of cancellation.
(2) If Schempf GbR and the customer/tenant have agreed in writing on a date for cost-free withdrawal from the contract, the customer/tenant may withdraw from the contract up to the agreed date without triggering payment or damage compensation claims by Schempf GbR. The right of withdrawal by the customer/tenant expires if it is not exercised in writing by the agreed date vis-à-vis Schempf GbR, unless the customer/tenant has withdrawn due to breach of duty by Schempf GbR.
(3) Cancellation conditions:
Cancellation more than 30 days prior to arrival – no cancellation fee,
in case of cancellation from 30 days before arrival by the guest, 50% of the total price of the stay is due,
in case of cancellation from 14 days before arrival by the guest, 75% of the total price of the stay is due,
in case of cancellation from 7 days before arrival or later – payment of the whole price of the stay.
§ 6 Apartment provision, delivery, return and cancellation
(1) The orderer/tenant acquires the right to the provision of his selected apartment category or the next best, if the selected one cannot be provided. Booked apartments are available to the orderer/tenant from 15:00 hours on the agreed day of arrival. The orderer/tenant has no claim to earlier provision.
(2) On the agreed day of departure, the apartments must be vacated and made available to Schempf GbR no later than 10:00 a.m. Upon termination of the lease, the leased property must be returned to Schempf GbR or its agent in an unchanged condition. Any costs caused by the removal of any remaining personal items of the customer/tenant shall be reimbursed by the customer/tenant. For each key not returned upon moving out, reimbursement of costs shall be made to Schempf GbR in accordance with the invoice. The customer/tenant is also liable for the costs of lock modification/replacement of all locking systems if the keys are not returned upon moving out and the locking system must be replaced to maintain security. If the apartment is not returned properly, the orderer/tenant is liable for the resulting damage and bears the rental costs proportionately for the period until the damage is remedied.
(3) Schempf may charge the orderer/tenant 30% of the full accommodation price (list price) for the delayed vacating of the apartment for its use beyond the scope of the contract by 3 p.m., 50% by 6 p.m., 100% from 6 p.m. (and for each additional day). Contractual claims of the orderer/tenant are not justified by this. The customer/renter is at liberty to prove that Schempf GbR has incurred no or less damage.
(4) Schempf GbR may terminate the contractual relationship before or after commencement of the rental period without notice if the customer/tenant fails to make the agreed payments (down payment, balance payment and security deposit) on time despite prior reminder or otherwise acts in breach of contract to such an extent that Schempf GbR cannot reasonably be expected to continue the contractual relationship. In this case, Schempf GbR may demand compensation from the customer/tenant for expenses incurred up to termination and for lost profits.
§ 7 Liability of Schempf GbR
(1) Schempf GbR is liable for its obligations under the contract with the due care of a prudent businessman. Claims for damages on the part of the customer/renter are excluded, unless they are caused intentionally or by gross negligence. Excluded from this are damages resulting from injury to life, body or health if Schempf GbR is responsible for the breach of duty and damages based on an intentional or negligent breach of essential contractual duties by Schempf GbR. Liability of Schempf GbR for initial material defects is excluded in all cases – insofar as § 536a (1) BGB applies.
(2) A breach of duty by Schempf GbR is equivalent to that of a legal representative or vicarious agent, also with respect to limitation of liability. Should disruptions or defects occur in the services provided by Schempf GbR, Schempf GbR will immediately endeavor to remedy such upon knowledge of or upon complaint by the purchaser/tenant. The customer/tenant is obligated to do what is reasonable for him/her to contribute to remedy the disruption and to keep any possible damage to a minimum (duty to minimize damages).
(3) Messages, mail and consignments of goods for the customers/renters are treated with care. Schempf GbR shall assume the delivery, storage and, against payment, the forwarding of the same.
§ 8 Duties and liability of the customer/tenant
(1) The orderer/tenant undertakes to treat the apartment including the inventory with all due care and to operate electrical equipment properly. The orderer/lessee is liable to pay compensation for culpable damage to furnishings, equipment, rented rooms or the building as well as the installations belonging to the rented rooms or the building if and insofar as it is culpably caused by him or his accompanying persons or visitors.
(2) The customer/tenant shall immediately notify Schempf GbR or a contact point named by Schempf GbR of any damage occurring in the rented rooms, unless the customer/tenant is obliged to remedy the damage himself. The customer/tenant shall be liable to pay compensation for any consequential damage caused by failure to notify Schempf GbR in good time.
(3) The buyer/tenant must ensure that the apartment is adequately ventilated.
(4) Waste, ashes, harmful liquids and the like may not be thrown or poured into sinks/wash basins, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these regulations, the person responsible shall bear the costs of repair.
(5) In the event of any malfunctions that may occur in systems and equipment of the rental property, the customer/lessee is obliged to do everything reasonable himself to contribute to the rectification of the malfunction or to keep any damage that may occur to a minimum. The customer/tenant is obliged to inform Schempf GbR immediately of any defects in the leased object. If the customer/lessee fails to do so, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for rent reduction).
(6) The orderer/tenant shall be liable for all damage to the apartment equipment, fixtures and the objects listed in the inventory list which is culpably caused by him, persons belonging to the household, guests or craftsmen commissioned by him or which is caused by the culpable violation of the duties of care incumbent upon him.
§ 9 Animal husbandry and house rules
(1) Pets are not permitted on the entire premises of Schempf GbR.
(2) The customers/tenants are requested to show mutual consideration. In particular, disturbing noises, namely loud door slamming and such activities which annoy the co-inhabitants due to the resulting noise and impair domestic peace and quiet are to be avoided. Music is not to be played between 22.00 and 8.00 hours and between 13.00 and 15.00 hours. Radio, television and phonographs are to be set to room volume only.
§ 10 Final provisions
(1) The law of the Federal Republic of Germany applies exclusively to all contracts. For all disputes arising from or in connection with the contracts, Berlin is agreed as the exclusive place of jurisdiction.
(2) Place of performance and fulfilment is Berlin.
(3) Should individual provisions of these General Terms and Conditions of Business be or become invalid or void for Schempf GbR, the validity of the remaining provisions shall not be affected. Rather, the invalid provision shall be replaced by a provision that comes closest to the invalid provision in economic terms.
Berlin, April 2020
SUITE & APART
With the publication of the general terms and conditions of business, all previous terms and conditions lose their validity.