GENERAL TERMS & CONDITIONS
General Terms and Conditions of Schöller SI Verwaltung GmbH for accommodation in Stuttgarter Tor Apartments
As of November 10, 2020
1 Area of Validity
1.1 The General Terms and Conditions apply to all contracts for the rental of accommodation of Stuttgarter Tor Apartments in 72764 Reutlingen, which are concluded between Schöller SI Verwaltung GmbH, Unter den Linden 4, 72762 Reutlingen, Germany (hereinafter referred to as “Stuttgarter Tor Apartments”) and a third party (hereinafter referred to as “Customer”).
1.2 General terms and conditions of the Customer deviating from or contrary to these General Terms and Conditions shall not apply. This also applies if Stuttgarter Tor Apartments does not expressly object to its inclusion or provides its services in knowledge of the different terms and conditions. General terms and conditions of the Customer apply only if Stuttgarter Tor Apartments expressly agrees to their validity in text form.
2 CONTRACTUAL PARTNERS, SUBJECT MATTER AND CONCLUSION OF THE CONTRACT
2.1 Contractual partners are Schöller SI Verwaltung GmbH, Unter den Linden 4, 72762 Reutlingen, Germany (“Stuttgarter Tor Apartments”) and the Customer (“Customer”). The services of the Stuttgarter Tor Apartments under the contract are provided by Stuttgarter Tor Apartments in part and partly by external service providers (e.g., check-in/check-out, cleaning work, laundry, caretaker, etc.).
2.2 The object of the contract is the renting of one or more apartments to the Customer (accommodation contract) and the provision of further services specifically commissioned by the Customer (e.g., cleaning work, laundry service, etc.).
2.3 By making a reservation or booking request, the Customer offers to conclude the contract. The contract is concluded by Stuttgarter Tor Apartments accepting the Customer's request in the form of a reservation or booking. The agreement in the form of a reservation of apartments is binding on both parties. Upon request, the Customer receives a booking or reservation confirmation in text form.
2.4 Offers by Stuttgarter Tor Apartments with regard to available rooms are subject to change and are non-binding. Stuttgart Gate Apartments may, at its sole discretion, refuse to conclude the contract.
3 SERVICES.
3.1 Stuttgarter Tor Apartments is obliged to keep the apartments booked by the Customer ready and to provide the agreed services. If, for unforeseen reasons, an apartment as reserved is not available upon arrival of the Customer, the Customer will be accommodated in an equivalent apartment. If no apartment is available, Stuttgarter Tor Apartments can arrange at least equivalent accommodation until the booked apartment is available. For the transitional period up to the provision of the apartment by Stuttgarter Tor Apartments, an accommodation contract is concluded between the Customer and a third-party provider, who is responsible for his services to the Customer. Stuttgart Gate Apartments takes care of the transport with luggage there and back.
3.2 Stuttgarter Tor Apartments reserves the right to set industry-standard performance restrictions such as minimum stays, booking guarantees or down payments for certain dates.
3.3 The Customer is obliged to pay Stuttgarter Tor Apartments the agreed or currently applicable prices and fees for the rent and the other services used by him. This also applies to services commissioned by the Customer directly or via Stuttgarter Tor Apartments, which are provided by third parties and are billed by the operator.
4 SUBLETTING OF APARTMENTS
4.1 If the Customer wishes to sublet or sublet the leased apartments or use them for other accommodation purposes, this requires the prior written consent of Stuttgarter Tor Apartments.
4.2 Insofar as the Customer is not the user, the extraordinary right of termination is waived if the operator refuses consent pursuant to § 540 (1) sentence 2 of the German Civil Code (BGB).
5 UTILIZATION
5.1 The commercial use of interior photographs of the building, both of the communal areas and of the apartments, is prohibited.
5.2 The Customer is not permitted to carry out installations and other changes to the apartments.
5.3 The apartments rented to the Customer are fully equipped (furniture, kitchen utensils, technology, etc.). Additional furnishings of the Customer may only be added with the prior written consent of the operator.
5.4 The Customer is not permitted to punch holes or drill holes in the apartment or to carry out any other interventions in the wall, floor or ceiling substance. Furthermore, the Customer is not permitted to make decorative changes to walls, floors or ceilings or to remove or sell decorative objects.
5.5 If the Customer – with the prior written permission of Stuttgarter Tor Apartments – makes other changes to the apartment, he is obliged to restore the original condition at his own expense after termination of the tenancy.
5.6 The Customer undertakes to comply with the applicable accident prevention and fire protection regulations. He is also obliged to inform Stuttgart Tor Apartments immediately of any changes and damages found in the apartment.
5.7 All apartments at Stuttgart Tor Apartments are non-smoking apartments. Smoking is therefore prohibited in the apartments. Smoking is also prohibited in all public areas of the building. In the event of a violation of the smoking ban, Stuttgarter Tor Apartments is entitled to terminate the contract without notice. In addition, Stuttgarter Tor Apartments may charge a special cleaning fee of EUR 300.00 for the apartments if necessary.
The apartments are equipped with sensitive smoke detectors. If the automatic fire alarm is activated by smoking in the apartment and the police and fire department intervene, the Customer shall bear the costs incurred by such deployment.
5.8 Pets may only be kept with the prior written consent of Stuttgarter Tor Apartments. The cost of keeping pets is not included in the rent. If the keeping of pets results in the need for special or special cleaning, e.g., due to soiling or damage, the Customer shall bear the costs incurred.
5.9 Stuttgarter Tor Apartments reserves the right to check the condition of the apartments during the rental period after timely written notice
6 PRICES AND PRICE ADJUSTMENTS
6.1 The rent shown in the reservation confirmation and the lease agreement in the local currency of EURO is decisive. It includes the costs of heating, hot and cold water and apartment electricity as well as all other ancillary and operating costs.
6.2 Taxes and local charges applicable at the time of conclusion of the contract are included in the agreed prices. However, local taxes are not included, which are owed by the Customer himself under the respective municipal law, such as a tourist tax. If the statutory value added tax is changed or if local taxes concerning the rooms and services are newly introduced, changed or abolished after these have been contractually agreed upon, the prices will be adjusted. If the Customer is the user, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.
6.3 With the consent of Stuttgarter Tor Apartments, the number of apartments booked, the services of the operator and/or the length of stay of the Customer may be reduced at the request of the Customer after conclusion of the contract. In such a case, however, Stuttgarter Tor Apartments shall be entitled to increase the price of the apartments and/or the other services to be provided by it in a reasonable manner.
7 PAYMENT, DEFAULT INTEREST AND OFFSETTING
7.1 For a rental period of up to 30 (thirty) days, the agreed fee plus any deposit must be paid in advance no later than three days before the agreed start of the rental period. For a rental period of more than one month, the agreed fee must be paid monthly in advance by the third working day of a month.
7.2 Invoices from Stuttgarter Tor Apartments without due date must be paid within ten days of receipt of the invoice by the Customer.
7.3 The timeliness of the payment shall be determined by the date of credit to the account of Stuttgarter Tor Apartments.
7.4 Stuttgarter Tor Apartments may demand immediate payment of receivables from the Customer at any time. If the Customer falls into arrears, the statutory regulations apply.
7.5 The Customer may only offset undisputed, legally established or decision-ready claims against Stuttgarter Tor Apartments. If the Customer is an entrepreneur, he can only reduce the rent if the reduction right is undisputed or legally established.
8 ADVANCE PAYMENT AND SECURITY DEPOSIT
8.1 Upon conclusion of the contract, Stuttgarter Tor Apartments may demand an appropriate advance payment or security deposit from the Customer, for example in the form of a credit card guarantee or a down payment.
8.2 The amount of the advance payment and payment dates may be agreed in writing in the contract. The security deposit can also be provided by providing credit card data. In this case, Stuttgarter Tor Apartments is entitled to collect the agreed fee by credit card if payment deadlines are not met.
8.3 In justified cases, for example in the event of arrears in payment by the Customer or extension of the scope of the contract, Stuttgarter Tor Apartments is entitled to demand an advance payment or security deposit within the meaning of Clause 8.1 above or an increase in the advance payment or security deposit agreed in the contract up to the fully agreed fee even after conclusion of the contract until the start of the stay.
8.4 Stuttgarter Tor Apartments is also entitled to demand from the Customer, at the beginning and during the stay, an appropriate advance payment or security deposit within the meaning of Clause 8.1 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with Clause 8.1 and/or Clause 8.3 above.
8.5 If the Customer has provided security deposits through the provision of credit card data, Stuttgarter Tor Apartments is entitled, after appropriate invoicing, to collect payment for the ancillary services used by the Customer, such as special cleaning, paid services, etc. via the Customer's credit card.
9 WITHDRAWAL OF THE CUSTOMER AND CANCELLATION
9.1 The Customer may only withdraw from the contract if a right of withdrawal has been expressly agreed in the contract, a statutory right of withdrawal exists or Stuttgarter Tor Apartments expressly agrees to the termination of the contract. The agreement of a right of withdrawal as well as the consent to a termination of the contract must be made in writing.
9.2 If a date for the withdrawal without charge from the contract has been agreed between the Stuttgarter Tor Apartments and the Customer, the Customer can withdraw from the contract then without triggering payment or fee claims of Stuttgarter Tor Apartments.
9.3 If the Customer does not make use of the agreed service, even though he is not entitled to a right of withdrawal, he owes the entire fee. If Stuttgarter Tor Apartments can rent the apartments elsewhere, it must offset the income from them as well as the expenses saved. If the apartments are not rented elsewhere, Stuttgarter Tor Apartments can deduct a lump sum for saved expenses. In this case, the Customer is obliged to pay 90% of the contractually agreed total price of the agreed rent. The Customer is free to prove that the claim has not arisen or has not arisen in the required amount.
9.4 Unless otherwise agreed in the contract, the following cancellation conditions apply to the Customer:
Up to 30 (thirty) days before arrival: Free cancellation
29 – 15 days before arrival: 50% of the agreed total fee
14 – 5 days before arrival: 70% of the agreed total fee
4 – 1 days before arrival: 90% of the agreed total fee
10 WITHDRAWAL BY STUTTGART GATE APARTMENTS
10.1 If it has been agreed that the Customer may withdraw from the contract free of charge up to a certain date, Stuttgarter Tor Apartments may also withdraw from the contract up to this date if the Customer does not waive his right to withdraw after a reasonable period of time upon request from Stuttgarter Tor Apartments.
10.2 Stuttgarter Tor Apartments may also withdraw from the contract if the Customer fails to make an advance payment or security deposit agreed or demanded in accordance with Clause 8.1 even after a reasonable period of grace set by Stuttgarter Tor Apartments.
10.3 Furthermore, Stuttgarter Tor Apartments is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:
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Force majeure or other circumstances beyond the control of Stuttgarter Tor Apartments render the performance of the contract impossible.
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If apartments or rooms are culpably booked with misleading or false information or concealment of essential facts, where essential facts may include the identity of the Customer, his/her ability to pay or the purpose of the stay.
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The Stuttgarter Tor Apartments has reasonable grounds to believe that the use of the service may endanger the smooth running of the business, the security or the public image of the company, without this being attributable to circumstances for which the Stuttgarter Tor Apartments are responsible.
10.4 The legitimate withdrawal of Stuttgarter Tor Apartments does not entitle the Customer to compensation.
11 CANCELLATION OF CONTRACT
11.1 In the event of the temporary conclusion of an accommodation contract, ordinary cancellation is excluded. The provisions for withdrawal pursuant to Clause 9f. of the General Terms and Conditions shall apply.
11.2 Cancellation without prior notice for good cause is reserved. An important reason that entitles Stuttgarter Tor Apartments to terminate is, in particular, if:
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The Customer is in default with a payment exceeding a three-day rental for the rented or reserved apartment.
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If it turns out during the execution of the contractual relationship that the identity indicated by the Customer is incorrect, the purpose of the stay indicated by him does not correspond to the information provided by the Customer, the safety or reputation of the Stuttgarter Tor Apartments, other customers or the staff of the Stuttgarter Tor Apartments is endangered by the behavior of the Customer, the Customer damages the facilities of the Stuttgarter Tor Apartments to a considerable extent or by neglecting the care incumbent on him significantly endangers or disturbs the smooth business operation.
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It turns out during the execution of the contractual relationship that the purpose or reason of the Customer's stay is unlawful.
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There is a violation of Clause 4.1 cited above.
11.3 Prior to extraordinary termination, a warning with an appropriate grace period is always required to remedy the breach of contract unless this would obviously not succeed or the immediate cancellation would be justified taking into account mutual interests.
11.4 The legitimate cancellation of contract by Stuttgarter Tor Apartments does not entitle the Customer to compensation.
12 SECURITY DEPOSIT
12.1 For a rental period of up to 30 (thirty) days, payment of a security deposit in the amount of half a month's rent is due before moving into the apartment.
12.2 For a rental period of 31 (thirty-one) days to six months, a security deposit of one month's rent is due before moving into the apartment.
13 PROVISION, HANDOVER AND RETURN
13.1 Unless otherwise agreed, the Customer is not entitled to the provision of a specific apartment.
13.2 Booked apartments are available to the Customer from 2 pm on the agreed day of arrival. The Customer is not entitled to earlier provision.
13.3 On the agreed day of departure, the apartment of Stuttgarter Tor Apartments must be handed over vacated by 10 am at the latest. If the handover does not take place until after 10 am, Stuttgarter Tor Apartments can charge 50% of the daily price for the apartment, provided that the eviction takes place by 6 pm. In case of vacating after 6 pm, the entire daily rate may be charged for this and the following day. This will not justify contractual claims by the Customer. He is free to prove that the operating company has suffered no or significantly less damage.
13.4 Upon arrival, the apartments will be inspected by the Customer or by the Customer and a vicarious agent of Stuttgarter Tor Apartments. A handover report will be drawn up, which must be returned signed together with the inventory list to the Stuttgarter Tor Apartments no later than three days after arrival. If no defects, deviations or damage are reported by the Customer, the acceptance of the apartments in perfect condition applies. In this case, the Customer assumes financial responsibility for any damage and defects.
13.5 Prior to the departure of the Customer, an inspection of the apartments will take place by prior appointment, but at the earliest three days before moving out. In this case, the handover protocol and the inventory list of the time of moving-in serve for assessing any damage or losses. Should damage and/or defects arising from improper use of the apartments be found during this inspection, the Customer is obliged to provide reimbursement for all damage found. These will be offset by Stuttgart Gate Apartments with the security deposit paid. If the security deposit is not sufficient, the Customer will receive an invoice for the remaining amount.
13.6 The return of the apartments must take place in the condition that the Customer found them. The Customer must remove all his personal belongings from the apartments and dispose of any food brought with him.
14 TECHNICAL EQUIPMENT, CONNECTIONS AND INTERNET USE
14.1 The use of the Customer's own electrical or electronic systems using the electricity grid of the apartment requires the written consent of Stuttgarter Tor Apartments insofar as these are not objects of normal daily use. Faults or damage to the technical facilities of the apartments caused by the use of these devices by the Customer shall be borne by the Customer insofar as Stuttgarter Tor Apartments is not responsible for them.
14.2 The Customer is prohibited from illegal file sharing via the internet connection provided by the Stuttgarter Tor Apartments. This means in particular any upload or download of copyrighted text, music, film or software files. The Customer is liable for all damages incurred by Stuttgarter Tor Apartments and/or the copyright holder as a result of the Customer's infringement.
14.3 Faults in technical or other facilities provided by Stuttgarter Tor Apartments are eliminated immediately if possible. Payments cannot be withheld or reduced unless the facilities are inadequate and Stuttgarter Tor Apartments is not responsible for this disruption.
14.4 The apartments of the Stuttgarter Tor Apartments are equipped with at least one TV, and the operating company is obliged to pay fees to the fee collection service of ARD, ZDF and Deutschlandradio. Other electronic devices brought in by the Customer and subject to charges, such as televisions, DVD players, computers, etc., must be reported by the Customer to the fee collection service of ARD, ZDF and Deutschlandradio independently and without delay. Any subsequent claims shall be borne by the Customer himself.
14.5 Stuttgarter Tor Apartments does not guarantee the actual availability, suitability or reliability of internet access for any purpose. In addition, Stuttgarter Tor Apartments assumes no liability for any damage to the Customer's PC, video console, tablet, smartphone or similar caused by internet use. In particular, no liability is assumed for the contents of accessed websites or downloaded files. Furthermore, no liability is assumed for possible virus infection by the use of the internet access. The Customer’s use of the internet is at his own risk.
14.6 The Customer is prohibited from connecting and using his own routers. In the event of an infringement, the incurred technician costs will be passed on to the Customer.
15 REPORTING ACT
15.1 in Baden-Württemberg, there is a reporting law and a notification obligation for all residents of an apartment. According to this, the operating company is obliged to ask every Customer and resident of an apartment for an official identification document. Completion of a registration form is required upon arrival. A passport or identity card is required for each registered resident. Accommodation or transfer of use of apartments is not possible without an official photographic document.
16 LIABILITY OF STUTTGART GATE APARTMENTS
16.1. The following limitations and exclusions of liability apply to all claims for damages irrespective of their legal basis, including claims arising from tortious liability. They also apply in the event of any claims for damages by a Customer against employees or vicarious agents of Stuttgarter Tor Apartments. They do not apply to the assumption of a guarantee, fraudulently concealed defects or personal liability. The liability pursuant to the product liability law is not affected by this. Furthermore, the limitations and exclusions of liability apply subject to the provision in Clause 16.4.
16.2 Stuttgarter Tor Apartments is liable under the statutory provisions for damages resulting from injury to life, limb and health, assumption of a guarantee and fraudulent concealment of a defect and for damages caused by intentional or grossly negligent conduct.
16.3 Stuttgarter Tor Apartments shall only be liable for minor negligence for all other damages not covered by Clauses 16.1 and 16.2 in the event of breaches of essential contractual obligations (cardinal obligations). Essential contract duties are those whose fulfillment enables the proper implementation of the contract in the first place and upon which the contracting party may rely regularly. In addition, the liability of the operating company in these cases is limited to compensation for damage typical for the contract and reasonably foreseeable damage.
16.4 Stuttgarter Tor Apartments shall not be liable to the Customer for goods brought in according to statutory provisions. Stuttgarter Tor Apartments recommends the use of the safe in the apartment.
16.5 Claims for damages of the Customer only exist if he still suffers damage after assertion of other remedies.
16.6 There is no liability for breaches of contract resulting from circumstances of force majeure.
16.7 A change in the burden of proof to the disadvantage of the Customer is not connected with any of the above provisions.
16.8 Insofar as the Customer is provided with a parking space in the underground car park or on the property of Stuttgarter Tor Apartments, even for a fee, no contract of safe custody is concluded as a result. In the event of loss or damage to parked or maneuvered motor vehicles or their contents on the operator's premises, Stuttgarter Tor Apartments is liable only in accordance with the provisions of the preceding Clauses 16.1 to 16.3.
16.9 The Customer is obliged to report damages immediately after becoming aware of them.
17 DEFICIENT SERVICE
17.1 Should disruptions or defects occur in the services of Stuttgarter Tor Apartments, Stuttgarter Tor Apartments will endeavor to remedy the situation or upon complaint lodged without delay by the Customer.
17.2 The Customer is obligated to do what is reasonable to eliminate the problem and to keep any possible damage as low as possible.
18 LIMITATION PERIOD
18.1 All claims against the Stuttgarter Tor Apartments generally become time-barred within one year from the start of the statutory limitation period.
18.2 The limitation period in Clause 18.1 does not apply to claims for damages and other claims if the latter are based on an intentional or grossly negligent breach of duty by Stuttgarter Tor Apartments.
19 WRITTEN FORM
19.1 Amendments and supplements to the contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of the written form requirement. This does not affect the primacy of individual agreements. Any unilateral alterations or additions by the Customer shall be void.
20 APPLICABLE LAW, PLACE OF JURISDICTION, PLACE OF PERFORMANCE AND PAYMENT AND SEVERABILITY CLAUSE
20.1 German substantive law applies exclusively to the contract and the General Terms and Conditions. The application of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) and conflict-of-laws provisions is excluded.
20.2 The exclusive place of jurisdiction for all disputes arising in connection with the contract or these General Terms and Conditions of Business or resulting therefrom – also for check and bill of exchange disputes – is the registered office of Stuttgarter Tor Apartments in commercial transactions as well as if the Customer does not have a general place of jurisdiction in Germany in accordance with § 38 paragraph 2 of the Code of Civil Procedure (ZPO). This also applies to proceedings for interim legal protection.
20.3 The place of performance and payment in commercial transactions is the headquarters of Stuttgarter Tor Apartments.
20.4 Should individual provisions of these General Terms and Conditions be or become null and void, the validity of the rest of the terms & conditions shall not be affected by this. Legal provisions apply to everything else.
Note: In these General Terms and Conditions, only the male form is used for the sake of simplicity. The female form is of course always understood to the same extent.
Registered address of the company:
Schöller SI Verwaltung GmbH
Unter den Linden 4
72762 Reutlingen
Tel.: + 49 07121 14850