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AREA OF VALIDITY
terms and conditions apply to contracts regarding the leasing of
apartments, the accommodation as well as all other services and
deliveries provided to the customer or the tenant of DA Downtown
Apartments GmbH. In this regard, DA Downtown Apartments GmbH points
out that no confirmations for the registration of a domicile in
Berlin can be issued within the rental provision scope. Leasing is
made by means of a rental agreement for temporary use (hereinafter
referred to as “rental contract”).
subleasing or subletting of the rented apartments as well as their
use for a different kind of accommodation purposes requires the prior
written consent of DA Downtown Apartments GmbH.
terms and conditions presented by the Customer/Tenant may be applied
solely with an express prior written agreement.
CONCLUSION OF CONTRACT
the registration, the Customer/Tenant submits an offer that DA
Downtown Apartments GmbH is able to accept. The registration is valid
for all visitors listed on the registration form. The rental contract
for the property described in the offer will be concluded with
binding effect, once DA Downtown Apartments GmbH confirms the
Customer’s/Tenant’s reservation requests electronically or in
writing. Should the contents of the confirmation differ from the
contents of the registration, DA Downtown Apartments GmbH must be
informed forthwith. In such an event, a new confirmation shall be
Downtown Apartments GmbH may decline the Customer’s/Tenant’s
offer without staing any grounds thereto.
apartment shall be leased to the Customer/Tenant for the specified
contract term (max. 6 months) solely for holiday/business trip
purposes and only the maximum number of guests specified in the
rental contract may be accommodated.
a booking period of 29 overnight stays or more, an advance payment of
10% of the total reservation amount is due. The rent for the first
month shall be due 14 days prior to the beginning of the
accommodation. The advance payment shall be invoiced upon
CONTRACTUAL PARTNER, DEPOSIT, STATUTORY LIMITATION
Customer/Tenant shall be considered the guest and contractual partner
of DA Downtown Berlin GmbH, even though they might have placed the
order for guests other than themselves or guests that shall share the
accommodation with them.
contractual partners shall be DA Downtown Berlin GmbH and the
Customer/Tenant. If the reservation has been placed by a third party
in the Customer’s/Tenant’s name, they shall be held liable
towards DA Downtown Berlin GmbH jointly and severally together with
the Customer/Tenant for all obligations under the reservation
the event that the contractual parties have agreed upon a deposit,
the Customer/Tenant shall pay DA Downtown Berlin GmbH a security
deposit for any furniture and equipment that has been made available.
The deposit is due on check-in and it shall not bear interest. It
shall be reimbursed to the Customer/Tenant within a period of 14
days upon termination of the rental contract, after it has been made
clear that DA Downtown Berlin GmbH has no claims towards the
Customer/Tenant (such as claims for damage and/or loss of items that
belong to the rented property (to this end, the Customer/Tenant
shall receive a list of all furniture and equipment upon check-in) or
a subsequent settlement for excessive wear).
general, all claims against DA Downtown Berlin GmbH shall become time
– barred after one year as of the beginning of the regular limitation
period that starts, after the Claimant has been made aware of the
possibility to assert their claims as per § 199, para 1 BGB [German
Civil Code]. Regardless of whether the claimant has been made aware
of the possibility to assert a claim or not, all claims for damages
become time – barred after a period of five years. The shortening of
the limitation does not apply to claims based on a deliberate or
grossly negligent breach of duty on the part of DA Downtown Berlin
SERVICES, PRICES, PAYMENTS, OFFSETTING
Downtown Berlin GmbH shall be obliged to keep the apartments booked
by the Customer/Tenant available as well as to deliver all agreed
Customer/Tenant shall be obliged to pay the applicable or the agreed
prices for the apartment rent as well as for any other services that
have been booked to DA Downtown Berlin GmbH, prior to the
commencement of rent (check-in). This also applies to services and
expenses by DA Downtown Berlin GmbH that the Customer/Tenant has
sublet to third parties.
of the temporary use of the property, in the agreed rent are in
general all fixed ancillary costs as per §2 Operational Costs
Ordinance covered (incl. the consumption – based costs such as
electricity, heating and water). Because of the strictly temporary
use, the Customer/Tenant explicitly agrees to the payment of a flat –
rate for heating and hot water supply. A subsequent adjustment based
on consumption recording is possible solely for excess consumption.
If the parties under the contract have agreed upon a consumption –
based billing for the ancillary costs that shall not be part of the
duties of the Customer/Tenant, these ancillary costs shall be
agreed prices include the respective legal VAT. If the period between
the conclusion of the contract and the contractual performance is
longer than 4 months and if the regular price for such services
calculated by DA
Berlin GmbH increases in the meantime, then the contractually agreed
price may be appropriately adjusted, whereby the increase shall not
be higher than 5%.
DA Downtown Berlin GmbH may adjust the prices if the Customer/Tenant
requests a subsequent change to the number of the apartments booked,
to the services provided by DA Downtown Berlin GmbH or to the
duration of the guests’ accommodation and DA Downtown Berlin GmbH
confirms such changes.
sent by DA Downtown Berlin GmbH without a specified due date are to
be paid within 10 days of receipt without a deduction. DA Downtown
Berlin GmbH shall be entitled to make any receivables accrued valid
and to demand their immediate payment. In the event of default on
payment, DA Downtown Berlin GmbH shall be entitled to demand a
default interest of 9% or, where a legal transaction with a consumer
has taken place, a default interest of 5% over the base interest rate
as per § 288 BGB. DA Downtown Berlin GmbH reserves the right to
provide evidence of higher damages; the Customer/Tenant reserves the
right to provide evidence of lower damages.
Customer/Tenant can only offset undisputed receivables or
receivables, which have become res
judicata against receivables of DA Downtown Berlin GmbH. Reductions by means
of a deduction from the remuneration owed shall be authorised, only
if the Customer/Tenant has reported the defects by setting a
reasonable period of grace and this period has expired to no avail; a
reclamation as per §812 BGB remains unaffected.
WITHDRAWAL OF THE CUSTOMER/TENANT
Annulment, Non-Utilisation of the Agreed Services
withdrawal of the Customer/Tenant from the contract concluded with DA
Downtown Berlin GmbH requires the written consent of DA Downtown
Berlin GmbH. If no such withdrawal has been submitted, the agreed
contractual price should be paid even if the Customer/Tenant does not
make use of the contractually agreed services, whereas any related
details are regulated by the cancellation terms provided hereunder.
This shall not apply in the event of a breach of duty of DA Downtown
Berlin GmbH to observe the rights, legal assets and interests of the
Customer/Tenant, whereby adherence to the contract is no longer
reasonable or another statutory or contractual cancellation right
so far as a date for charge – free cancellation of the contract has
been agreed between DA Downtown Berlin GmbH and the Customer/Tenant,
the Customer/Tenant may cancel the contract until that date, without
giving rise to payment or damage claims on the part of DA Downtown
Berlin GmbH. The right of withdrawal of the Customer/Tenant shall
expire, if it has not asserted in writing until that date unless the
reason for withdrawal of the Customer/Tenant is not a breach of duty
on the part of DA Downtown Berlin GmbH.
2 and 6 days:
The contract may be cancelled free of charge up to 48 hours prior to
arrival. In the event of a later cancellation, premature departure or
no-show, 100% of the agreed rate/rental price shall be charged.
7 and 28 days:
The contract may be cancelled free of charge up to 7 days prior to
arrival. In the event of a later cancellation, premature departure or
non – show, 100% of the agreed rate/rental price shall be charged.
days and above:
The contract may be cancelled free of charge up to 14 days prior to
arrival. After that, the price of 28 days shall be charged as per the
agreed rate/rental price. The same applies to no-shows as well as to
WITHDRAWAL ON THE PART OF DA DOWNTOWN BERLIN GMBH
as a right of cost-free cancellation of the Customer/Tenant within a
certain period has been agreed in writing, DA Downtown Berlin GmbH is
entitled to cancel the contract during that period if there are
inquiries from other Customers/Tenants regarding the contractually
reserved rooms and the customer does not waive his right of
withdrawal upon inquiry thereof by DA Downtown Berlin GmbH.
payment of an agreed advance amount is not made even after a
statutory grace period set by DA Downtown Berlin GmbH has elapsed, DA
Downtown Berlin GmbH is entitled to withdraw from the contract.
Downtown Berlin GmbH is also entitled to an extraordinary contract
termination for an objectively justified reason, such as for example:
force majeure or other circumstances beyond the control of DA
Downtown Berlin GmbH that render the performance of the contract
if apartments are booked by giving misleading or wrong information
of important facts, e.g. about the person of the Customer/Tenant or
their purpose of stay;
if DA Downtown Berlin GmbH has well – founded reason to expect
that the utilization of the services rendered by DA Downtown Berlin
GmbH may impair the smooth business operation, the security or the
image of DA Downtown Berlin GmbH in public, without this being able
to be attributed to the power and organization of DA Downtown Berlin
GmbH; a breach of the provisions of Clause I, para. 2 is present.
the event of a justifiable withdrawal by DA Downtown Berlin GmbH, the
Customer/Tenant shall not be entitled to a compensation.
PROVIDING, HANDOVER AND RETURN OF APARTMENTS; CANCELLATION OF THE
Customer acquires a right to the provision of certain specific
accommodation within the chosen apartment category or in the next
best category, if there are not enough apartments in the chosen
category. The booked apartments are available for the client from
15:00 on the agreed day of arrival. The Customer/Tenant is not
entitled to an earlier time of provision.
the agreed date of departure, the apartments of DA Downtown Berlin
GmbH are to be vacated and made available by no later than 11:00.
Upon termination of the leasing agreement, the leased object shall be
handed back over to DA Downtown Berlin GmbH or to its representative
in the same condition. The possible expenses that may arise from the
necessity to remove personal items of the Customer/Tenant that have
been left behind, are to be borne by the Customer/Tenant. The cost of
each key/key card that has not been returned after check-out shall be
reimbursed to DA Downtown Berlin GmbH as part of the invoice. The
Customer/Tenant shall be held liable for any expenses incurred by
changes of locks/the exchange of all necessary locking systems, if
the respective keys have not been returned upon check – out and an
exchange of the locking system is
necessary, in order to maintain safety. In the event that the return
of the apartment does not proceed in an orderly manner, the
Customer/Tenant shall be held liable for any resulting damages and he
shall bear a pro-rata share of the rent for the period until any such
damages have been remediated.
late check-out, DA Downtown Berlin GmbH may charge the
Customer/Tenant with an additional fee for non – contractual use of
up to 30% until 15:00, up to 50% until 18:00, and 100% after 18:00
(as well as for any following day) of the total price of
accommodation (list price). In this event, the Customer/Tenant may
not assert any contractual claims. The Customer/Tenant is free to
provide evidence that the damages suffered by DA Downtown Berlin GmbH
are lower or insignificant.
Downtown Berlin GmbH may terminate the contract prior to or after the
rental period without observing a notice period, if the
Customer/Tenant has not provided the agreed payment on time (be it an
advance payment, a final payment or a security deposit) despite
having received a prior reminder or if he does not act as per the
contractual agreement to such an extent, that it cannot be reasonably
expected of DA Downtown Berlin GmbH to continue the contractual
relationship. In such an event, DA Downtown Berlin GmbH may request a
compensation payment for any expenses and a loss of profit from the
Customer/Tenant for the period until the termination of the contract.
LIABILITY OF DA DOWNTOWN BERLIN GMBH
Downtown Berlin GmbH shall be liable for its obligations under the
agreement with the diligence of a prudent merchant. Any compensation
claims on the part of the Customer/Tenant shall be excluded, unless
there are based on malicious intent or gross negligence on the
provider’s part. Damage arising from injuries to life, limb or
health, in cases where DA Downtown Berlin GmbH is responsible for a
violation of duty as well as any other damage arising from a
deliberate or grossly negligible violation of duty committed by DA
Downtown Berlin GmbH, constitutes an exception to this provision.
Insofar as the provisions of §536a, para. 1 BGB are applicable, DA
Downtown Berlin GmbH shall under no circumstances be held liable for
infringement of a duty on the part of DA Downtown Berlin GmbH is
equal to that of a legal representative or vicarious agent of it and
the same is valid of any limitation of liability. DA Downtown Berlin
GmbH will endeavour to remedy any disruptions to or faults in the
services it provides, as soon as it becomes aware of them or upon the
Customer’s/Tenant’s prompt complaint. The Customer/Tenant is
obliged to contribute to a reasonable degree to amend the disruption
and minimise the damage (Obligation of Damage Mitigation).
accordance with statutory stipulations, the DA Downtown Berlin GmbH
is liable for items brought onto the property by the Customer/Tenant
of up to ten times the room rental charge with a maximum liability of
€800.00 and up to €500.00 for money, securities and valuables;
liability for money and valuables shall only be assumed in the event
that they have been safely stored in the safe. The above-mentioned
limitation of the total liability amount does not apply to a
premeditated action on the part of DA Downtown Berlin GmbH or any of
its employees. Liability claims expire unless the Customer/Tenant
notifies DA Downtown Berlin GmbH immediately after gaining knowledge
of the loss, destruction, or damage (§ 703 BGB).
Customer/Tenant is obliged to exercise diligence by closing all
windows and locking the door of the room, when leaving the apartment.
Rest times should be observed in consideration of the other
mail and delivered packages for the customers/tenants shall be
treated with care. DA Downtown Berlin GmbH shall ensure delivery,
storage and, against payment, forwarding of the same.
OBLIGATIONS OF THE CUSTOMER/TENANT; LIABILITY
Customer/Tenant commits to handle the apartment and its furnishings
with care as well as to operate all electric equipment as per the
instructions. The Customer/Tenant is liable to pay compensation for
damages to furnishings, equipment, rented premises or the building
itself as well as to any equipment belonging to the premises or the
property, insofar as these damages were culpably caused by the
Customer/Tenant, his companions or visitors.
Customer/Tenant shall be obliged to inform DA Downtown Berlin GmbH or
one of its designated representatives (such as the concierge) about
damages to the rented premises without delay, unless the
Customer/Tenant is personally obliged to remedy them. The
Customer/Tenant shall be obliged to indemnify the company for
consequential damages due to failure to give notification in due
Customer/Tenant is obliged to cater for the proper ventilation of the
waste, ashes, harmful fluids nor any similar materials may be thrown
or poured into any sinks, drains or into the toilets. Should any
blockage occur, due to non – compliance with the above
stipulations, the perpetrator shall be obliged to bear the repair
the event of potential breakdowns of equipment or furnishing of the
rental property, the Customer/Tenant shall be obliged to undertake
every reasonable action to contribute to the elimination of the
faults or to keep the possible damages to a minimum. The
Customer/Tenant shall be obliged to inform DA Downtown Berlin GmbH of
any faults of the rental property without delay.
the Customer/Tenant decide to waive this notification, he shall not
be entitled to raise a claim for non-performance of the contractual
services (in particular, he shall not be entitled to claims for a
reduction of the rent).
Customer/Tenant shall be held liable for all damages to the
furnishings of the apartment, to the permanent installations as well
as to all items listed in the inventory that have been caused by him,
by persons belonging to his household or by craftsmen commissioned by
him, or such that have occurred due to culpable breach of his
obligation to exercise diligence.
PETS; HOUSE RULES
pets such as birds, rabbits, etc., may be kept in the apartment.
Bigger pets, especially dogs, cats and other such animals may be kept
or temporarily accommodated with the express written consent of DA
Downtown Berlin GmbH and at an additional charge of €10.00 per day.
Any such consent shall only be valid for each individual case. In the
event of disagreements, the consent may be revoked. The
Customer/Tenant shall be held liable for all damages that may be the
result of keeping pets.
Customers/Tenants are required to show mutual respect. Disturbing
sounds, such as loud door banging and the like, that may lead to
noise nuisance to the other Tenants and may disturb the domestic
peace should be avoided.
Tenants should avoid playing music in the period between 22:00 and
08:00 as well as between 13:00 and 15:00. Radios, TVs and record
players may only be operated at a low volume.
or amendments to the contract, the application confirmation or to the
terms and conditions of DA Downtown Berlin GmbH must be done in
writing to be effective and this stipulation is also valid of any
changes to the requirement of the written form itself. Unilateral
changes or amendments on the part of the Customer/Tenant shall be
place of performance and payment shall be the business domicile of DA
Downtown Berlin GmbH.
place of jurisdiction is Berlin.
applicable law is the law of the Federal Republic of Germany and any
possible references to a foreign law shall be ineffective.
individual provisions of the present General Terms & Conditions
be deemed null and void for DA Downtown Berlin GmbH, this shall not
affect the effectiveness of the remaining provisions. Moreover, the
ineffective provision shall be replaced by another provision that
comes as close as possible to the economic purpose of the void
Downtown Berlin GmbH
issuance of the General Terms & Conditions renders any previous
terms and conditions void.