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General Terms & Conditions


Agreements made regarding the provision of apartments are subject to the following terms and conditions of City West Apartments (hereinafter referred to as "landlords"). The contract for the provision of flats and related third-party services comes about as soon as the renter or the organizer / agent has placed a written or telephone order, City West Apartments confirms the reservation in writing by letter, fax, e-mail, the payment of the first month's rent as well as deposit has been made and a rental agreement between tenant / landlord has been completed.

 

1. Provision

Reserved apartments are available to the tenant from 15.00 clock and must be vacated by 11 clock on the departure day.

The contracting party does not acquire the right to provision of certain apartments. If agreed apartments are not available, the landlord is obliged to seek equivalent replacement in the home or in other properties.

 2. Duration of the lease

 Unless otherwise agreed, a minimum rental period of 1 month applies. The maximum rental period is basically 6 months. A further accommodation beyond 6 months requires an arrangement with the landlord and corresponding availability of the living space and a new lease has to be concluded. There is no entitlement to accommodation for a period of 6 months.

3. Prices

The excellent prices (monthly rentals) are inclusive prices and include the legal value added tax and all incidental costs. These include u.a. the cost of insurance, cleaning, garbage collection, water, electricity and internet.

If the period between the conclusion of the contract and the provision of services exceeds 180 days, the lessor reserves the right to make price changes without prior notice. Changes to the proportionate VAT rate shall be charged to the client regardless of the time of the conclusion of the contract. All price awards and agreements are in euros. If foreign currencies are mentioned, then only for non-binding orientation as the basis of the exchange rate valid at the time of publication. 

4. Payment

In order for the rental agreement to come about, the renter must have transferred the first month's rent and a deposit (1 month's rent) to the landlord's bank account 4 days after receipt of the rental agreement. If this does not happen, the tenant's claim for the booked apartment will expire and the lease expires. Subsequent monthly rentals must be transferred to the landlord's bank account no later than 3 working days to the end of the month. Follow-up rentals can also be paid 3 working days to the end of the month, by prior arrangement with the landlord, in cash, by credit card (American Express, Mastercard, Visa) or by EC / Maestro Card.

5. Cancellation conditions

In case of a cancellation up to 4 weeks before arrival no cancellation fees will be charged, for cancellations that will be made later, always a complete monthly rent will be charged as a cancellation fee. The landlord tries after a cancellation by the tenant to convey the apartment to the best of his conscience in order to keep down the costs in the interest of the tenant and to reimburse part of the costs in the event of success. However, this does not give rise to a claim. Already paid monthly rents over a period of more than 1 month have been made and the deposit will be fully refunded.

As the tenant always has to pay at least 1 month rent in advance, he has in principle 1 month entitlement to the booked apartment.

6. Resignation of the landlord

If a free right of withdrawal of the tenant within a certain period was agreed in writing, the landlord in this period in turn is entitled to withdraw from the contract.

Furthermore, the landlord is entitled to objectively justifiable reason to withdraw from the contract, for example
- in the event of force majeure or other circumstances for which the lessor is not responsible, the fulfillment of the contract is impossible.
- dwellings misleading or misrepresenting material facts, e.g. in the person of the renter or the purpose, to be booked;
- the landlord has reason to believe that the use of the accommodation service can jeopardize the smooth operation, safety or reputation of the landlord in public, without this being attributable to the landlord or organization area of ​​the landlord.
- in case of non-compliance with the house rules
- in case of intentional damage or theft of the inventory or building in private and public areas

In the case of justified resignation of the lessor, no claim of the customer for damages arises.

 7. Transfer

On arrival and departure of the tenant, a handover will be made together with the landlord (or his representative). In the process, a handover protocol and an inventory of the inventory are kept and signed by both parties. The landlord reserves the right to charge for damaged or missing inventory as well as damage to the substance of the building caused by the renter.

If the tenant wants to leave outside normal business hours, he would like to contact the landlord in good time to arrange a joint transfer date.

8. Number of persons

The accommodation in the apartments is carried out according to standard for one to max. Two people. Other persons can be accommodated by arrangement with the landlord and for an extra fee. 

9. Extra services

Extra services such as City tax, extra cleaning, parking, extra bed etc ... are to be paid either on departure or at the latest on the 1st working day of each month for the previous month.

10. City Tax

The city of Berlin charges an accommodation tax of 5% of the rental price. The renter agrees to pay this tax without objection to the landlord. Business travelers are exempted from this tax on presentation of evidence from their employer or self-report by self-employed persons.

11. Exclusion of third parties

Claims and rights between the contracting parties may only be transferred to third parties with the consent of the landlord.

12. Liability of the contracting party / guest

The contractual partner of the landlord or the tenant as such or as the host is fully liable to the landlord for the damage caused by themselves or their guests. A deviating from the agreement use of the rooms provided to the tenant entitles the landlord to the immediate settlement of the contract without this diminishing the claim to the agreed fee. If the landlord is obstructed by force majeure or strike in the performance of his performance, then no liability for compensation can be met. However, the landlord is obliged to the client to seek the procurement of equivalent services elsewhere.

13. Liability of the landlord

The renter is expressly advised of the following points: The landlord is not liable for damages that arise as a result of force majeure and / or any other state of emergency. Claims for damages of the renter, which could be due to a suspension of the accommodation company, are expressly rejected. The landlord is liable to the tenant in accordance with the provisions of the Civil Code. Liability is excluded if the apartment or the containers in which the tenant keeps items remain unlocked. For money or valuables is liable in accordance with § 702 BGB only up to an amount of € 760.00. The tenants are asked to lock valuables in the designated safe in the closet.

14. Pets

Smaller dogs or cats may only be brought in consultation with the landlord and for an extra fee. The housing of all other species of animals in the dwellings is strictly prohibited.

15. Attribution

The use of the name of the company and connected operating parts in connection with advertising measures of the contracting party requires the written consent of the landlord.

16. Smoking

Smoking is strictly prohibited throughout the interior of the building. In case of an infringement, the landlord reserves the right to charge the tenant extra costs for a thorough cleaning.

Smoking is permitted only in designated areas and on the balconies.

17. Right of access

The landlord (and his representatives) has the right to access the apartments without the tenant's prior consent. This is usually done due to cleaning, maintenance or repair work.

18. External services

A liability of the landlord for third party services does not exist. If the landlord offers additional services, the liability also lapses for third-party services provided by third parties.

19. Post / goods shipments

Messages directed to the tenant, mail and consignments are handled with care. The landlord assumes the short-term storage, delivery and, if desired, the forwarding of the same. Liability for loss, delay or damage is excluded.

20. Lost property

Left behind items of the tenant are kept up to three months. Liability for loss or damage is excluded.

21. Parking Space

A liability for the use of the parking lot including the liability for theft, damage and loss is excluded.

22. Jurisdiction

Jurisdiction is Berlin. Deviating terms and conditions of the customer / contract partner are expressly excluded by the above conditions.

23. Severability clause

If any provision of these terms and conditions or a provision incorporated into it in whole or in part, be legally invalid or unenforceable or lose their legal validity or feasibility later, so the validity of the remaining provisions shall not be affected. Instead of the ineffective or unenforceable provisions shall apply an appropriate regulation, which comes closest to the intended and is legally possible.