Legal notice

General Terms and Conditions for the temporary usage of furnished apartments provided by the landlord

§ 1 Subject

Solely the below conditions, and the agreements made in the separate written rental contract, shall apply to the rental contract between the landlord and tenant for various categories of furnished apartments in Berlin. If any provisions of the written rental contract deviate from the provisions of these General Terms and Conditions, the provisions of the rental contract shall take precedence.

All furnished apartments are designed individually to a uniformly modern standard, but they vary in terms of furniture, fixtures, size and location. The tenant is entitled to rent an apartment in the booked category, at a minimum, but has no entitlement to rent a specific apartment or the precise apartment depicted for illustrative purposes in an advertisement (e.g. the online portal www.apartments-mitte.de, promotional flyers, etc.).

The tenant is not a travel operator within the meaning of sections 651a et seq. German Civil Code; the rights and liability provisions for travel operators in this legislation therefore do not apply.

§2 Conclusion of the contract

When the tenant makes a booking enquiry or places a booking with the landlord or an agent commissioned by the landlord, this does not entitle them to rent an apartment within the category booked by them. The binding reservation enquiry/booking represents an offer to conclude a contract. The contract only comes into effect when the booking is confirmed by the landlord by letter, fax or email, i.e. when the rental period and rent payable for an apartment of a particular category for this period have been mutually agreed.

In the event of discrepancies between the landlord’s confirmation and the tenant’s booking enquiry, the confirmation shall be deemed accepted if the tenant does not object to this in writing within three days of receipt.

§ 3 Usage

3.1
The furnished apartment is rented out for the period agreed in the rental contract.

The tenant is not permitted to use the apartment for (partially) commercial purposes. The apartment is rented out solely for use by the registered, confirmed number of persons. Subletting or transfer of use to third parties is expressly prohibited. The accommodation of additional persons is only permissible with the prior written consent of the landlord and, if applicable, subject to the payment of a rental surcharge to be agreed upon.

3.2
The landlord shall provide the furnished apartment to the tenant from 3 pm on the first day of the agreed rental period for use by the registered, confirmed number of persons. At the end of the contract, the apartment must be returned in an orderly condition by 10 am, at the latest, on the last day of use. The tacit extension of the rental period due to the tenant’s continued use of the property is explicitly excluded.

3.3
Keys are to be collected/returned during the opening hours of the service office at Behrenstr. 1C, 10117 Berlin, i.e. from Monday to Friday between 9 am and 6 pm. The tenant is not entitled to collect or return keys outside the above opening hours. However, this is usually arranged for the tenant, where possible. Arrangements for arrivals or departures earlier/later than these times, and weekend arrivals or departures, must be made with the service office in advance, ideally by telephone, in person or via email.

3.4
The tenant shall accept the furnished apartment in a clean, orderly state with the inventory available. Any issues or damage upon acceptance should be reported to the landlord’s service office.

3.5

The tenant must immediately notify the landlord in writing of any damage occurring in the rented and communal spaces. The tenant shall be liable without limitation if the issue is exacerbated because the damage was not reported and, by extension, not resolved.

The tenant is liable to the landlord for all breaches of these terms of use and for all damages to the rental property and its fixtures culpably caused by the tenant or a co-resident, visitor, etc. In particular, the tenant must themselves resolve blockages in the drainage pipes between the drainage points and the connection points of the main pipe, unless the tenant or the aforementioned persons did not cause the damage. The same applies to broken glass in the rented spaces.

If the tenant does not swiftly fulfil their obligation to rectify damage, the landlord may, after issuing a reminder and setting a deadline, have the damage rectified at the tenant’s expense or seek compensation on the basis of non-fulfilment. A reminder and deadline are not required in instances of imminent danger.

3.6

The tenant or any co-resident, visitor, etc. must treat the rental spaces and inventory, as well as common areas, including any devices and appliances (e.g. fittings, heaters and cookers), in a considerate, careful manner.

In particular, the tenant must ensure that the living spaces are cleaned, ventilated and heated appropriately.

In addition, they are obliged to eliminate any vermin immediately, to notify the landlord or the relevant representative of any infestation and, after an infestation, to store all leftover food in closed containers.

The tenant may not store combustibles and poisons, acids, large quantities of perishable waste or animal feed, etc. in the rented spaces.

Smoking and the use of open flames (e.g. candles) are not permitted in the bedrooms.

Quiet hours are to be observed by the tenant and their co-residents, visitors, etc. between 1 pm and 3 pm, and between 10 pm and 7 am.

At its discretion, the landlord may draw up house rules regarding the use of other communal spaces. These rules may also be amended retrospectively if there are reasonable, objective grounds to do so. Any right of use shall only exist within the limits of these house rules.

3.7

All windows and doors must be closed, and all taps, electrical devices and appliances (including lights) must be switched off, each time the tenant leaves the apartment.

When the tenant checks out, the apartment must be emptied of the tenant’s possessions. In addition, it must be handed over to the landlord with no damage, in a tidy condition, with any major soiling in excess of normal, usage-related dirt removed and with the inventory present upon handover intact.

§ 4 Due date and payment

4.1
The agreed rent must be paid in advance, in derogation of the statutory provisions.

The rent is due as follows:

a) Deposit of 20% of the agreed rent

In principle, this payment is to be made within 14 days of the landlord’s confirmation of the booking by letter, fax or email.
If the booking is confirmed fewer than 14 days before arrival, the deposit must be paid no later than 10 days before arrival.
If the booking is confirmed fewer than 10 days before arrival, the deposit must be paid within 3 days of receipt of the booking confirmation.
The timeliness of the payment shall be determined by the date on which it is received by the landlord’s account.

b) Payment of remaining balance

The balance of the agreed total rent is due prior to key handover, at the latest. Payment can be made in cash, or by advance bank transfer, EC/Maestro card with PIN, or credit card (Visa, Mastercard, American Express).

The above deposit need not be paid if the tenant grants the landlord the opportunity to collect the agreed rent from their credit card by the deadlines listed in a). This requires the credit card details, specifically the cardholder’s name, the card number, expiry date and security code, to be shared. In this instance, the credit card will be charged on the agreed start date for the rental.

If the tenant does not meet their payment obligation under a) or does not provide their credit card details in a timely manner, the landlord is not obliged to hand over the rental property and the contract is deemed dissolved. The right to assert damages due to non-rental remains reserved.

4.2

In the event that a rental contract is cancelled or rebooked, the tenant must pay the landlord flat-rate compensation of EUR 30.00. If the contract has been cancelled, this fee is charged in addition to the withdrawal fees levied by the landlord.

The tenant consents to this and undertakes to pay the above charges to the landlord in the event of the cancellation or rebooking of the apartment for temporary use.

4.3
The landlord reserves the right to change the rent up to the point the contract is concluded. If the rent is subject to value-added tax, the rent stated is inclusive of statutory value-added tax.

§ 5 Registration Act (Meldegesetz)

The tenant is obliged to comply with the requirements of the Registration Act (Meldegesetz).

§ 6 Termination and early termination of the rental contract

The tenant is entitled to terminate the rental contract at any time, without giving reasons for this.

The contract may be terminated free of charge for arrivals from 27 December to 4 January of a given year and from 22 September to 29 September of a given year, provided notice of termination is received no fewer than 10 days prior to the agreed start of the rental period. For arrivals on any other dates, it may be terminated free of charge, provided that notice of termination is received by 6 pm on the day before the agreed start date of the rental period, at the latest. If the notice of termination is issued in good time, the landlord shall only charge cancellation fees under section 4.2 of this contract.

The date on which a written notice of termination is received by the landlord shall be decisive for the calculation. If the notice of termination is received after this point, the full agreed rent is to be paid.

If the tenant departs prior to the end of the rental period, the rent paid for the rental period shall be forfeited in favour of the landlord.

§ 7 Liability incumbent upon the landlord and tenant

7.1 Liability incumbent upon the landlord

Any liability on the part of the landlord shall be limited to instances of intent and gross negligence. Liability for disruptions due to force majeure or strikes, for disruptions in transmissions via communication networks and for indirect damages, consequential damages and loss of profits is excluded.

The landlord is also not liable for damages and losses incurred by the tenant due to a break-in at the furnished apartment rented by the tenant from the landlord.

If applicable, other, further claims for compensation shall be limited to EUR 5,000 per claim and shall expire six months after the end of the rental contract.

7.2

The tenant shall be liable for damage to or deterioration of the rental property in line with the statutory provisions.

The tenant shall be given the keys to the apartment upon commencement of the rental; these keys are a component of the property’s locking system. At the end of the rental contract, the tenant is obliged to return to the landlord all keys provided to them. If the tenant does not return all the sets of keys, the tenant must pay the landlord flat-rate compensation of EUR 221.50 per missing set of keys. If it is not possible for all the keys to be returned when the apartment is handed over but these keys are received by the landlord within 10 days of the handover, flat-rate compensation of EUR 21.50 per set of keys returned late is to be charged.

§ 8 Data protection

The tenant is aware that the personal data required from them will be stored on data media and consents to the same. The landlord shall ensure that customer data is solely collected, processed, stored and used (hereinafter jointly referred to as ‘used’) in conjunction with the processing of the rental contract and shall only be disclosed to affiliates. If the tenant consents to further usage by the landlord, the tenant is entitled to withdraw this consent at any time by sending an email to this effect to info[at]apartments-mitte.de or withdrawing their consent in a similar way.

The landlord shall not disclose tenants’ data to third parties for advertising purposes.

§ 9 Court of jurisdiction

The law of the Federal Republic of Germany shall apply. The court of jurisdiction and place of performance are Berlin.

§ 10 Severability clause

The contract shall remain binding even if individual provisions of the same are rendered invalid. Should a provision be invalid, whether in whole or in part, the contractual parties shall seek a solution that comes as close as possible to the intended provision.

Landlord:
DieApart GmbH
Behrenstr. 1C
10117 Berlin