Terms of Service - General Terms and Conditions
SCOPE OF APPLICATION & CONTRACTUAL PARTNERS
These General Terms and Conditions, hereinafter referred to as GTC, shall apply to all contracts for the rental of apartments and apartments for accommodation concluded between KStay Apartments and third parties (Guest), as well as to all other services and deliveries provided.
General terms and conditions of the customer shall only apply if this has been expressly agreed in advance in text form.
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 KStay Apartments. This confirmation concludes an accommodation contract between KStay Apartments and the guest.
Offers made by KStay Apartments with respect to available apartments are subject to change and non-binding. KStay Apartments is free to reject the conclusion of an accommodation contract at its own discretion.
If the guest books only one category in an offered property, the guest has no right to claim the accommodation service in a specific apartment/unit. KStay Apartments reserves the right to impose customary restrictions such as minimum stays, booking guarantees or deposits for specific travel dates.
CANCELLATION DEADLINES/CANCELLATION BY THE CUSTOMER/NON-UTILIZATION OF SERVICES
A guaranteed reservation does not exist until payment is made by the Guest to KStay Apartments. This can be cancelled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, quoting the relevant reservation number.
If a right of cancellation has not been agreed or has already expired (expiry of free cancellation period), there is also no statutory right of cancellation or termination and KStay Apartments does not agree to a cancellation of the contract, KStay Apartments retains the right to the agreed remuneration despite non-utilization of the service (no-show) or late cancellation. KStay Apartments must take into account the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, KStay Apartments may make a flat-rate deduction for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for overnight accommodation. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed. In addition, in the event of non-appearance of the guest in the case of reservations guaranteed for several days, all further nights from the first night will be cancelled and the guest will not be entitled to any claim for the following nights.
In case of reservations made on the day of arrival, the guest must make the payment according to §5 for the stay immediately, usually within one hour.
OVERNIGHT RATES & OTHER PRICES
The prices shown by KStay Apartments at the time of the conclusion of the contract are valid.
Applicable and stated prices are gross and include all statutory taxes, fees and charges.
Local taxes owed by the guest, such as visitor's tax, are not included.
TERMS OF PAYMENT & INVOICE
The price for the accommodation service booked by the guest must always be paid in advance by the guest.
Any set-off by the guest shall be deemed excluded, unless the set-off concerns an undisputed or legally established claim.
Accepted means of payment are MasterCard, Visa, American Express, Paypal or regular bank transfer.
Cash payment is not accepted.
KStay Apartments reserves the right to charge the deposited payment methods with amounts for additional services used or violations of the Terms and Conditions. The guest expressly authorizes KStay Apartments to do so.
A reservation is accompanied by the Guest's consent to receive the Guest's invoice as a download or via e-mail.
USE OF RESERVED APARTMENTS
A reserved apartment is available to the Guest during the period determined after the reservation.
The keys, parking passes and/or key cards provided by KStay Apartments must be left on the day of departure at KStay Apartments, a third party designated by KStay Apartments or at the storage location in the apartment designated by KStay Apartments by means of signage and/or message.
In case of loss of a key, key card or parking pass, as well as failure to return these aforementioned items, a fee of 40.00€ will be charged. KStay Apartments is further entitled to claim further compensation from the guest for the damage caused thereby, if the damage exceeds 40,00€. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the option of proving that KStay Apartments incurred less damage or no damage at all.
A later departure (late check-out) can be agreed upon between KStay Apartments and the Guest upon request and subject to availability.
If KStay Apartments agrees to the late check-out, KStay Apartments is entitled to charge 10.00€ per hour or part thereof for the additional use of the apartment. In the absence of consent, KStay Apartments is entitled to charge 30.00€ for each hour or part thereof. In case of departure more than 3 hours after the originally agreed check-out time, the full accommodation price of the apartment will be charged if KStay Apartments has given its consent. In the absence of consent, the guest will owe compensation for any further damage incurred in addition to the full overnight rate. The Guest has the option of proving that KStay Apartments has incurred a lesser loss or no loss at all.
The guest cannot derive a contractual claim to a late check-out.
An earlier arrival (early check-in) can be agreed between KStay Apartments and the Guest upon request and subject to availability.
If KStay Apartments agrees to the early check-in, KStay Apartments is entitled to charge 10.00€ per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual claim to an early check-in.
Transfer, subletting, use
The subletting or subcontracting of the booked apartment is prohibited. This includes, in particular, the subletting of the apartments or apartment contingents to third parties at prices higher than those indicated by KStay Apartments.
Similarly, the assignment or sale of claims against KStay Apartments is not permitted.
In such cases, KStay Apartments is entitled to cancel the reservation, especially if the Guest has provided untrue information about the type of reservation or payment to third parties in the event of assignment/sale.
The use of the apartments of KStay Apartments for purposes other than accommodation is expressly prohibited.
In particular, this includes any commercial or illegal use.
Without explicit consent, the use of the apartments for photography or video recording is also prohibited. reserves the right to cancel the reservation without refunds and to vacate the rental property in case of use for reasons other than accommodation.
LIABILITY OF KSTAY APARTMENTS
KStay Apartments shall have unlimited liability for damages for which it is responsible arising from injury to life, limb or health. Likewise, KStay Apartments is liable for other damages resulting from an intentional or grossly negligent breach of duty by KStay Apartments.
In the event of ordinary negligence, KStay Apartments shall be liable only and limited to the foreseeable damage typical of the contract, provided that an obligation is breached, the fulfillment of which enables the proper performance of the contract in the first place and on the observance of which the Guest may rely (cardinal obligation).
A breach of duty by KStay Apartments is equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
Further claims for damages - unless otherwise provided for in these General Terms and Conditions - are excluded.
In the event of disruptions or defects in the services of KStay Apartments, KStay Apartments will endeavor to remedy the situation upon immediate notification by the Guest or upon becoming aware of the same.
The Guest is also obligated to contribute what is reasonable in order to remedy the disruption or defect and to minimize any resulting damage.
In addition, the Guest is obligated to immediately notify KStay Apartments of the possibility that a high level of damage may occur.
KStay Apartments shall be liable for items brought into the apartment in accordance with the statutory provisions. Any claim of the Guest shall expire if he/she does not notify KStay Apartments immediately after becoming aware of the loss, destruction or damage, with the exception that a late notification shall have no effect on the clarification of the facts.
In the event that money, valuables or other valuables with a value of more than €800.00 or other items with a value of more than €3,500.00 are brought into the apartment, a separate written agreement with KStay Apartments is required. Otherwise, KStay Apartments shall not be liable for loss, destruction or damage to these funds or items.
No custody agreement is concluded if a parking space is made available to the guest by KStay Apartments, whether for a fee or free of charge. This does not result in any monitoring obligation for KStay Apartments.
In the event of loss, theft or damage to motor vehicles parked or maneuvered on the property and/or provided parking space by or through KStay Apartments, KStay Apartments shall be liable only in the event of intent or gross negligence.
The guest is obligated to report any damage immediately. Obvious damage must be reported in any case before leaving the parking space.
KStay Apartments shall not be liable for damage for which other guests or other third parties are solely responsible.
Any claims against KStay Apartments are generally subject to a limitation period of one year from the statutory commencement of the limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to grossly negligent or intentional breach of duty by KStay Apartments or in the event of breach of a cardinal obligation.
KStay Apartments assumes no liability for lost property. Excluded is liability due to intentional or grossly negligent breach of duty by KStay Apartments. Lost property will be returned exclusively upon request for a fee and an additional processing fee of 15.00€.
KStay Apartments undertakes to store lost property for a period of six months. Afterwards, they will be disposed of.
SECURITY
In order to secure all claims of KStay Apartments against the guest resulting from the accommodation contract, KStay Apartments is entitled to collect the following security/deposits from the guest before providing the apartments:
For a stay of less than three months, a deposit in the amount of 250.00€.
In case of a stay of three to six months, a deposit in the amount of one month's accommodation price.
In the case of a stay of less than three months, KStay Apartments is entitled to pay the deposit/security by pre-authorization of the means of payment to settle the security deposit.
If the Guest fails to pay the deposit/security, he/she shall not be entitled to stay in the apartment.
If KStay Apartments has let the Guest use the apartment despite this, KStay Apartments is entitled to terminate the accommodation agreement without notice if the security deposit is not paid within a reasonable grace period to be set.
KStay Apartments is obligated to settle the deposit within one month after termination of the accommodation contract.
CUSTOMER DATA
KStay Apartments is obligated to collect and record the guest's e-mail address and telephone number to ensure communication.
Likewise, KStay Apartments is entitled to request a valid identification document digitally at check-in.
For domestic guests this is an identity card or passport, for foreign guests it is always a passport.
If the identity of a guest cannot be clarified beyond doubt due to missing or false documents, KStay Apartments is entitled to cancel the booking.
KStay Apartments is entitled to cancel the booking of a guest if the identity of a guest cannot be clarified beyond doubt due to missing or false documents.
In order to prevent fraudulent and damaging bookings, KStay Apartments uses software solutions that use the data requested from the guest (e-mail address, telephone number, credit card data, address) to determine a "fraud prevention score" for each guest in order to detect fraudulent bookings.
KStay Apartments reserves the right to cancel a booking marked accordingly by the system.
TERMINATION OF THE ACCOMMODATION CONTRACT
KStay Apartments reserves the right and has the right to terminate an accommodation contract for cause.
In particular, good cause shall be deemed to exist if
a) force majeure or other circumstances for which KStay Apartments is not responsible make it impossible to fulfill the contract
b) KStay Apartments has reasonable cause to believe that the use of the accommodation service may jeopardize either the smooth operation of the business, safety or security or the public image of KStay Apartments and its locations without this being attributable to the control or organizational sphere of KStay Apartments
c) bookings are culpably made with misleading or false information or concealment of material facts; material facts may include, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay
d) the purpose or reason for the stay is unlawful or serves the purpose of residential prostitution
e) In the case of resale or subletting and/or subcontracting (see clause 7).
KStay Apartments must notify the Guest immediately of the exercise of the right of termination.
The Guest shall not be entitled to compensation in the event of justified termination by KStay Apartments.
If KStay Apartments terminates the contract due to a circumstance for which the Guest is responsible or for a reason pursuant to Section 1 above, KStay Apartments shall be entitled to cancel or reject future bookings of the Guest, even if these have already been confirmed by KStay Apartments.
VOUCHERS
A voucher purchased from KStay Apartments can only be redeemed for services provided by KStay Apartments. If there are any remaining credits when payments are made with the voucher, they will remain and can be used for additional bookings. Vouchers cannot be returned, they are not resalable or transferable and are not redeemable in whole or in part for cash. The purchaser of the voucher is responsible for providing the correct data (especially e-mail address) to which the voucher and invoice should be sent.
Smoking ban
All apartments of KStay Apartments are non-smoking apartments. Smoking in the apartments as well as in common areas of KStay Apartments is strictly prohibited. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices.
Smoking on balcony and/or terrace areas is allowed only if properly marked and the door to the apartment is closed.
In the event of a violation, KStay Apartments has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of revenue from a subletting of the apartment not reasonable due to the incident, in the amount of at least EUR 250,00. This amount of damages shall nevertheless be set higher if KStay Apartments proves higher damages. The Guest has the option of proving that KStay Apartments has suffered less damage or no damage at all.
Tampering with or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a penalty fee of 150 €.
This also applies to tampering or turning off security and decibel sensors inside the apartment.
KStay Apartments is entitled to cancel an active booking with immediate effect and to expel guests from the house if knowledge of violations according to points 1 and 2 is obtained. There is no right to a refund or partial refund in these cases. The guest has the right to prove that KStay Apartments has suffered less damage or no damage at all,
KStay Apartments buildings may contain networked smoke detectors that are directly connected to the control center of the fire department or a security service. For the intentional or negligent triggering of the fire alarm system (for example, due to violation of the smoking ban), the guest is fully liable, but at least in the amount of the actual costs incurred (for example, deployment costs fire department or security service).
Prohibition of parties and gatherings
In principle, noise in the booked apartment, the common areas of use as well as on the surrounding grounds is to be avoided. Nighttime rest must be observed from 10 p.m. to 6 a.m. ("quiet hours"), unless other times are specified by the house rules.
It is strictly forbidden to hold parties and gatherings in apartments and common areas of KStay Apartments.
In the event of violation, KStay Apartments has the right to demand compensation from the Guest for the separately necessary cleaning costs, including any loss of revenue from a subletting of the apartment that is not reasonable due to the incident, in the amount of EUR 500,00. The right to further damages is not affected by this. The Guest has the right to prove that KStay Apartments has suffered less damage or no damage at all,
Sensors for decibel measurement may be installed in KStay Apartments apartments.
These sensors do not record voices or conversations, but are used to detect excessive noise.
Common areas of KStay Apartments, such as hallways and other common areas, may also have decibel sensors, as well as active video surveillance that records 24/7 and stores it in a cloud environment.
KStay Apartments is entitled to cancel an active booking with immediate effect and to expel guests from the property if knowledge of violations under points 1 and 2 is obtained. There is no right to a refund or partial refund in these cases. The guest has the right to prove that KStay Apartments has suffered less damage or no damage at all,
KStay Apartments reserves the right to use the services of a third party, such as a security service, to enforce its house rules.
Any costs incurred by the intervention of a third party will be charged to the guest.
DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
Should damage occur during the accommodation beyond the contractual use or if inventory is removed from the unit without authorization, KStay Apartments is entitled to compensation for damages, which includes in particular the expenses for remedying the damage, including any loss of revenue resulting from the impossibility of renting out the apartment, legal costs plus a processing fee of 50€ for such a case of damage. The guest has the right to prove that KStay Apartments has suffered less damage or no damage at all.
PETS
It is not allowed to bring pets into the apartments and common areas. Exceptions are dogs for the blind, deaf and other similar service dogs. These may be brought along free of charge and at any time upon presentation of proof.
The appropriate proof must be presented independently to KStay Apartments prior to check-in.
KStay Apartments is entitled to make further exceptions to the aforementioned principle. The guest has no right to this. If a pet stays in a unit without permission, KStay Apartments will charge a flat rate of EUR 150.00 for a special cleaning fee.
KStay Apartments is entitled to terminate an active booking with immediate effect and to expel guests from the house if there are violations of point 1. There is no right to a refund or partial refund in these cases. The guest has the option of proving that KStay Apartments has suffered a lesser loss or no loss at all.
MAINTENANCE
By booking an apartment with KStay Apartments, the Guest undertakes to treat the apartment provided and the rooms, facilities and equipment intended for common use with care and consideration, to ensure adequate ventilation and heating, and to avoid gross soiling. If there is soiling that goes beyond normal use during the Guest's stay or even after the Guest's departure, KStay Apartments has the right to charge the Guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The Guest has the right to prove that KStay Apartments has suffered less damage or no damage at all,
Furthermore, the Guest undertakes to inspect the furnishings of the apartment for completeness and fitness for use upon moving in and to notify KStay Apartments immediately of any defects and complaints.
The Guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused through use contrary to the terms of the contract and which is not attributable to normal wear and tear.
The Guest must notify KStay Apartments immediately of any damage caused to the rented apartment.
For bookings of more than 7 nights, KStay Apartments is entitled to perform weekly interim cleaning. The Guest is obligated to allow the service provider commissioned by KStay Apartments or employees of KStay Apartments access to the apartment for this purpose.
INTERNET USE
Internet access is provided to the Guest by KStay Apartments within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or the like, cannot be ruled out.
The Guest may not misuse the Internet connection. An improper use is in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obligated to observe the copyright, patent, name, trademark and personal rights of third parties when using the site. The Guest shall indemnify KStay Apartments upon first request against all claims and claims for damages by third parties as well as the costs of legal defense in an appropriate amount caused by unlawful use of the provided Internet connection by the Guest or by third parties with the knowledge of the Guest. This claim for indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as violations of data protection law.
The Guest is prohibited from disclosing the access data for the Internet connection of KStay Apartments to third parties. This also applies to the publication of any access data. In the event of a violation, the Guest shall be liable to KStay Apartments for all damages caused by the disclosure of the access data.
Furthermore, KStay Apartments reserves the right to block the guest's Internet connection in the event of legal violations.
DATA PROTECTION
The privacy policy can be viewed at:
https://www.KStay-apartments...
CONCLUSIONS
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 text form. This also applies to the cancellation of this text form clause. Unilateral changes or additions by the guest are invalid.
The place of performance and payment shall be the registered office of the accommodation provider.
The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodating establishment. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.
German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
Should any provision of this contract be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the purpose intended by the invalid/void provision. This shall also apply to the filling of any gaps in the contract.
The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.