General terms and conditions (GTC) HUB Apartments GmbH
(As of July 2019)
§ 1 scope
1.1 These terms and conditions apply to contracts for the rented apartments as well as all other services and deliveries provided by HUB Apartments GmbH (hereinafter "HUB Apartments").
1.2 These terms and conditions apply exclusively. Deviating regulations must be made in writing and must be approved in writing by HUB Apartments.
§ 2 Conclusion of a contract
2.1 Offers from HUB Apartments are non-binding and subject to change until the contract has been concluded. The accommodation contract comes about through a booking request from the guest or customer and a corresponding booking confirmation from HUB Apartments or, if a booking confirmation can no longer be made due to time constraints, through the provision of the apartment.
2.3 The conclusion of the contract obliges the contracting parties to fulfill the contract, regardless of the duration of the contract. "Contractual partners" are HUB Apartments and the guest or Orderer. Before the customer's arrival, HUB Apartments is entitled to reserve all or part of the payment claims resulting from the contract on the credit card specified by the customer or purchaser; This does not result in the amount being debited. If a third party (“customer”) makes the booking for the customer, he is jointly and severally liable to HUB Apartments for all obligations arising from the contract. Irrespective of this, in such a case the customer is obliged to forward all information relevant to the booking, in particular these general terms and conditions, to the customer.
2.4 HUB Apartments is free to confirm the booking in writing. However, cancellations and comparable declarations are only effective if they are made in writing.
2.5 The subletting or re-letting of the leased premises as well as their use for purposes other than the contractually agreed accommodation purposes require the prior written consent of HUB Apartments, whereby Section 540 Paragraph 1 Clause 2 BGB is waived unless the customer is a consumer. The same applies to the occupancy of the apartments with more than the booked number of people. In this case, HUB Apartments is entitled to request a corresponding price adjustment.
§ 3 Apartment provision, handover and return, security deposit, pets, smoking ban
3.1 Booked apartments are available to the customer from 12 p.m. on the agreed arrival date. The guest is not entitled to earlier availability. Unless expressly agreed otherwise. Unless a later arrival time has been expressly agreed or the apartment in question has not been paid for in advance, HUB Apartments has the right to reassign booked apartments after 4.30 p.m. without the guest being able to derive any claims against HUB Apartments. In this respect, HUB Apartments has a right of withdrawal.
3.2 The guest is not entitled to a specific apartment. If a specific apartment is promised in the booking confirmation but is not available, HUB Apartments is entitled to provide an equivalent apartment in the house. Further claims by the guest are excluded.
3.3 Upon arrival, the guest is obliged to identify himself, to make a reasonable advance payment or to provide a security deposit in the form of a credit card guarantee (valid credit card with coverage
for the expected total costs of the stay, deposit payment or similar) and complete the police registration form to be filled in with your personal details and signed.
3.4 Pets may only be brought with you with the prior written consent of HUB Apartments and for a fee.
3.5 Smoking in the booked apartments or rooms of the HUB Apartments is generally not permitted. If the customer violates the smoking ban, he is obliged to compensate HUB Apartments for the resulting damage. A contractual penalty in the amount of EUR 100.00 is due in each case of a violation of the smoking ban.
3.6 On the agreed departure date, the apartments must be vacated and made available by 11 noon at the latest.
3.7 The guest is obliged to return all keys and code cards given to him at the beginning of the accommodation contract to HUB Apartments on the agreed departure date. If the guest fails to do so, section 4.6 applies.
3.8 An extension of the stay beyond the period agreed in the accommodation contract is only possible after prior consultation with HUB Apartments. A request from the customer is timely in this sense, at the latest before half of the stay period has expired. The extension requires the consent of HUB Apartments in text form. This grants approval at its own discretion and depending on availability. The confirmation in text form is considered to be an extension of the original accommodation contract. In principle, there is no entitlement to a contract extension.
§ 4 Services, prices, set-off, compensation for damages
4.1 On the basis of the accommodation contract, HUB Apartment is obliged to provide the guest with the booked apartment or an equivalent replacement and to provide the other agreed services.
4.2 The guest is obliged to pay the HUB Apartments applicable or agreed prices for the rental of the apartment and for the other services used. This also applies to services and expenses of the HUB Apartments to third parties initiated by the guest. The agreed prices include the respective statutory value added tax.
4.4 The guest is only entitled to offset, withhold or reduce the price with an undisputed or legally established counterclaim against a claim by HUB Apartments. An assignment of claims and rights of the guest towards HUB Apartments to a third party requires the prior written consent of HUB Apartments in order to be effective.
4.5 The guest must report any damage to the apartment during the stay. A damage report will be created by HUB Apartments. If damage is found in the apartment after the customer's departure that the customer has failed to report, HUB Apartments reserves the right to debit the specified credit card with a security deposit of an appropriate amount.
4.6 The loss of a room card must be reported immediately by the guest and reimbursed with a replacement fee of EUR 10.00.
§ 5 payment
5.1 HUB Apartments' invoices are due for payment immediately upon receipt of the invoice without any deductions. HUB Apartments are entitled to make accrued claims due at any time and to demand immediate payment. HUB Apartments is entitled to issue interim invoices in advance for longer stays; these, as well as final invoices, are payable upon receipt of the invoice without deduction. For stays of 30 nights or more, the rent is payable in advance for 30 nights. Business customers must have a cost transfer and a company credit card from the company. If this is not the case, the customer is obliged to deposit his private credit card details and also to bear the costs.
5.2 If the period between the conclusion of the contract and the fulfillment of the contract exceeds 4 months and the price generally charged by HUB Apartments for such services increases during this time, HUB Apartments is entitled to increase the contractually agreed price per apartment appropriately, but by no more than 10%. If the customer subsequently requests changes in the number of booked apartments, the services of the HUB Apartments, the number of occupancies or the length of stay, and agrees to HUB Apartments to these changes, HUB Apartments is entitled to adjust the agreed price accordingly.
5.3 HUB Apartments is entitled to request a reasonable advance payment or security deposit upon conclusion of the contract or thereafter, if there is a change in the duration of the accommodation or the use of the apartment after the conclusion of the contract. The amount of the advance payment, security deposit and the dates and other due dates can be individually agreed in the accommodation contract.
5.4 In the event of default in payment, HUB Apartments is entitled to charge default interest at the statutory rate. HUB Apartments expressly reserves the right to claim higher damage caused by default. If the claim is not settled despite a one-off reminder, HUB Apartments is entitled to use the stored credit card data to repay the claim and to assign the outstanding claim to a debt collection company.
5.5 In the event that the customer transfers a sum of money to HUB Apartments from abroad, the customer bears the costs incurred by the international transfer.