General Terms and Conditions
Scope of Applicability
These General Terms and Conditions apply to contracts concerning the rental of suites for lodging purposes, as well as any other supplies and services rendered by BERLINAPPART
Sabine Schwartz, in the following called BERLINAPPART.
The subletting of the rooms rented as well as the use thereof for purposes other than accommodation shall be subject to BERLINAPPART prior written approval.
The customer’s general terms and conditions apply only if these are previously expressly agreed in writing.
Completion of contract, contract parties
The contract comes into effect once BERLINAPPART accepts the customer’s offer. BERLINAPPART shall be at liberty to confirm the suites booking in writing.
The parties to the contract are BERLINAPPART and the customer. In the event that a third party orders for the customer, such party shall be liable to BERLINAPPART together with the
customer as joint debtor for all obligations arising under the accommodations contract, provided that BERLINAPPART has received a written statement by the third party.
Prices & Payment
BERLINAPPART is obligated to keep the number of suites and rooms reserved by the customer available and to render the agreed services. The customer is obliged to pay the
applicable or agreed prices for suites and rooms provided and for further services used. This shall also apply to the BERLINAPPART services and outlays to third parties caused by the
Moreover, BERLINAPPART may change prices if the customer later wishes to make changes:
In the number of reserved room, number of reserved suites and/ or number of guests
The length of guests’ stay
Cancellation/ Annulment by the customer
Cancellation by the customer of the contract concluded with BERLINAPPART requires a written consent. If such is not given, then the price agreed in the contract must be paid even if
the customer does not avail himself of the contractual services. This shall not apply with any breaches by BERLINAPPART to meet its obligation or if there is an acceptable impossibility
of delivery. To the extent BERLINAPPART and the customer agreed in writing upon a date for a cost-free cancellation of the contract, the customer may cancel the contract up to that
date without incurring payment or damage compensation claims by BERLINAPPART. The customer’s right of cancellation shall expire if he does not exercise his cancellation right in
writing vis-à-vis the Berlinappart by the agreed date. This shall not apply with any breaches by BERLINAPPART to meet its obligation or if there is an acceptable impossibility of delivery. The
customer is entitled to cancel without incurring payment or damage compensation claims by BERLINAPPART as signed out in the reservation confirmation/reservation contract.
Cancellation of rooms 3 days prior the first fixed date of the check in date.
Berlinapparts right to withdraw
To the extend that a right of cost-free cancellation within a certain period was agreed in writing for the customer, BERLINAPPART is entitled for its part to cancel the contract during that
period if there are inquiries from other customers regarding the contractually reserved suites, rooms and other services and the customer does not waive his right of rescission upon
inquiry thereof by BERLINAPPART. If an agreed advance payment or an advance payment demanded is not made even after a reasonable grace period set by BERLINAPPART has expired,
then BERLINAPPART is entitled to cancel the contract. Moreover, BERLINAPPART is entitled to effect extraordinary cancellation of the contract for a materially justifiable cause, e.g. if
Force majeure or other circumstances for which BERLINAPPART is not responsible make it impossible to fulfil the contract,
Apartments are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose,
BERLINAPPART has justified cause to assume that the use of the apartment house services might jeopardize the safety of other guests or the employees, or Berlinapparts public reputation, without being attributable to the apartment house’s sphere of control or organization.
BERLINAPPART must notify the customer without delay of the exercise of the right to withdraw. The customer can derive no right to compensation from justified cancellation by
Room provision, hand-over and return
Reserved apartments are available to the customer starting at 2pm on the agreed arrival date. The customer
does not have the right to earlier availability. The apartments must be vacated and made available to BERLINAPPART no later than 10pm on the agreed departure date. After that time, on the
grounds of the delayed vacating of the room for use exceeding the contractual time, the Berlinappart may charge 50 percent of the full accommodation rate for the additional use of the
room until 6pm (after 6pm : 100 percent). The customer is at liberty to show the Berlinappart that it incurred no or much lesser claim to use damages. The customer is obligated to return
rooms immediately after the event.
Customer’s decoration materials and other items
Hanging and fixing of decoration materials is only permitted if BERLINAPPART previously approves of this. The customer is responsible for the approval of the decoration. The customer
is liable for the decoration and BERLINAPPART is exempt by claims of third parties.
Amendments or supplements to the contract, contract acceptance or theses General Terms and Conditions shall be made in writing. Unilateral amendments or supplements by the
customer shall not be valid. The place or performance and payment shall be BERLINAPPART place of business. In the event of litigation, the courts at the location of Berlinappart
registered office shall have exclusive jurisdiction for commercial transactions, including disputes regarding checks and bills of exchange (place of jurisdiction is Germany, this also
applies to customers who are non-residents in Germany). The contract shall be governed by the laws of the Federal Republic of Germany. In the event that individual provisions of
these General Terms and Conditions are or become invalid, the validity of the remaining provisions shall not be affected thereby. Otherwise, the statutory requirements shall apply.
Dated November 2018