terms and conditions

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 3 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 12 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.

§ 6 Cancellation by the customer

6.1 Bookings made are binding for the contractual partners. Subject to other individual cancellation regulations, which must be made in writing between the contracting parties as part of the booking confirmation, the following provisions apply to cancellations of booked apartments and / or services by the customer:

01-06 nights I up to 1 day before arrival I 100% of the booked prices of the first

3 nights

07-28 nights I up to 1 day before arrival I 100% of the booked price of the first

7 nights

From 29 nights I up to 1 day before arrival I 100% of the booked price of the first

7 nights

6.2 Cancellations must be made in text form (e.g. email).

6.3 Cancellation and termination must be made in writing. HUB Apartments must inform the customer immediately of the exercise of the right of withdrawal / termination.

6.4 In the event of justified termination or withdrawal by HUB Apartments, the customer has no right to compensation. Claims for damages and reimbursement of expenses by HUB Apartments remain unaffected.

§ 7 + 8 liability, statute of limitations

Liability of the HUB Apartments

7.1 Customer claims for damages of any kind (contractual or statutory) are excluded, subject to the following provisions:

In accordance with the statutory provisions, HUB Apartments is liable for all damage resulting from injury to life, limb and health, as well as in the case of assuming a guarantee and for fraudulently concealed defects. For all other damages that are not covered by the above regulation and that are caused by slightly negligent behavior by HUB Apartments, their legal representatives or their vicarious agents, HUB Apartments is only liable if these damages are due to the breach of an essential contractual obligation, its fulfillment the proper execution of the contract is made possible in the first place and compliance with this is what the customer regularly requires

Special rules for items brought in:

7.2 Items that the customer has left behind on the premises of the HUB Apartments will only be forwarded on request, at the risk and expense of the customer. However, HUB Apartments undertakes to keep these items for up to 6 months after the contractually agreed termination of the provision of services. HUB Apartments accepts no liability for these items.

7.3 Messages, mail and consignments for guests are handled with care. This does not result in a safekeeping agreement.

7.4. The guest is obliged to notify HUB Apartments of any defects immediately, at the latest on departure. Claims by the guest must be asserted in writing against HUB Apartments within one month after the contractually agreed termination of the service provision.

Liability of the customer

8.1 The guest is obliged to treat the rooms and facilities with care. Without prejudice to further claims, the guest is particularly liable for

- Willful damage to or destruction of furnishings;

- Damage caused by overflowing showers or sinks;

- Damage caused by the triggering of the fire alarm, in particular by ovens, microwaves etc. left unattended, by leaving pots, pans, kettles etc. on hotplates, by unauthorized smoking, open fire, incense sticks, candles, smoking rituals etc. , by ironing on the carpet.

The above list is for the purpose of clarification and is not conclusive. The HUB Apartments may have further claims.

§ 9 Condition of the apartments

The affixing of decorative materials in the apartments of the HUB Apartments is only permitted with the prior written consent of the HUB Apartments. The customer is responsible for the approval of the decoration. The customer is solely liable for such decorations and releases HUB Apartments from claims by third parties.

§ 10 data protection

HUB Apartments is entitled to process and save the data received about the customer in connection with the business relationship (even if it comes from a third party) within the meaning of the Federal Data Protection Act and to have it processed and saved by third parties commissioned by HUB Apartments.

§ 11 final provisions

11.1 Changes or additions to the above provisions must be made in text form. This also applies to the waiver of the above text form requirement. Unilateral changes or additions by the customer are invalid.

11.2 The place of fulfillment and payment is the apartment house HUB Apartments at Knoopstraße 35 in 21073 Hamburg.

11.3 German law applies exclusively. The application of the UN sales law and international private law is excluded.

11.4 Should individual provisions of these general terms and conditions or the accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the ineffective or void provision with a provision that is effective for the economic purpose of the ineffective or void provision. The same applies if there is a loophole in these general terms and conditions or in the accommodation contract.

11.5 Video surveillance. Individual areas of our house are video-monitored and marked accordingly.

HUB Apartments GmbH

Kronsaalsweg 88

22525 Hamburg

Managing director: Holger Siegel

VAT ID: DE 323289206

Register court: AG Hamburg

HRB 125735

§ 6 Cancellation by the customer

6.1 Bookings made are binding for the contractual partners. Subject to other individual cancellation regulations, which must be made in writing between the contracting parties as part of the booking confirmation, the following provisions apply to cancellations of booked apartments and / or services by the customer:

01-06 nights I up to 1 day before arrival I 100% of the booked prices of the first

3 nights

07-28 nights I up to 1 day before arrival I 100% of the booked price of the first

7 nights

From 29 nights I up to 1 day before arrival I 100% of the booked price of the first

7 nights

6.2 Cancellations must be made in text form (e.g. email).

6.3 Cancellation and termination must be made in writing. HUB Apartments must inform the customer immediately of the exercise of the right of withdrawal / termination.

6.4 In the event of justified termination or withdrawal by HUB Apartments, the customer has no right to compensation. Claims for damages and reimbursement of expenses by HUB Apartments remain unaffected.

§ 7 + 8 liability, statute of limitations

Liability of the HUB Apartments

7.1 Customer claims for damages of any kind (contractual or statutory) are excluded, subject to the following provisions:

In accordance with the statutory provisions, HUB Apartments is liable for all damage resulting from injury to life, limb and health, as well as in the case of assuming a guarantee and for fraudulently concealed defects. For all other damages that are not covered by the above regulation and that are caused by slightly negligent behavior by HUB Apartments, their legal representatives or their vicarious agents, HUB Apartments is only liable if these damages are due to the breach of an essential contractual obligation, its fulfillment the proper execution of the contract is made possible in the first place and compliance with this is what the customer regularly requires

Special rules for items brought in:

7.2 Items that the customer has left behind on the premises of the HUB Apartments will only be forwarded on request, at the risk and expense of the customer. However, HUB Apartments undertakes to keep these items for up to 6 months after the contractually agreed termination of the provision of services. HUB Apartments accepts no liability for these items.

7.3 Messages, mail and consignments for guests are handled with care. This does not result in a safekeeping agreement.

7.4. The guest is obliged to notify HUB Apartments of any defects immediately, at the latest on departure. Claims by the guest must be asserted in writing against HUB Apartments within one month after the contractually agreed termination of the service provision.

Liability of the customer

8.1 The guest is obliged to treat the rooms and facilities with care. Without prejudice to further claims, the guest is particularly liable for

- Willful damage to or destruction of furnishings;

- Damage caused by overflowing showers or sinks;

- Damage caused by the triggering of the fire alarm, in particular by ovens, microwaves etc. left unattended, by leaving pots, pans, kettles etc. on hotplates, by unauthorized smoking, open fire, incense sticks, candles, smoking rituals etc. , by ironing on the carpet.

The above list is for the purpose of clarification and is not conclusive. The HUB Apartments may have further claims.

§ 9 Condition of the apartments

The affixing of decorative materials in the apartments of the HUB Apartments is only permitted with the prior written consent of the HUB Apartments. The customer is responsible for the approval of the decoration. The customer is solely liable for such decorations and releases HUB Apartments from claims by third parties.

§ 10 data protection

HUB Apartments is entitled to process and save the data received about the customer in connection with the business relationship (even if it comes from a third party) within the meaning of the Federal Data Protection Act and to have it processed and saved by third parties commissioned by HUB Apartments.

§ 11 final provisions

11.1 Changes or additions to the above provisions must be made in text form. This also applies to the waiver of the above text form requirement. Unilateral changes or additions by the customer are invalid.

11.2 The place of fulfillment and payment is the apartment house HUB Apartments at Knoopstraße 35 in 21073 Hamburg.

11.3 German law applies exclusively. The application of the UN sales law and international private law is excluded.

11.4 Should individual provisions of these general terms and conditions or the accommodation contract be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, the contracting parties undertake to replace the ineffective or void provision with a provision that is effective for the economic purpose of the ineffective or void provision. The same applies if there is a loophole in these general terms and conditions or in the accommodation contract.

11.5 Video surveillance. Individual areas of our house are video-monitored and marked accordingly.

HUB Apartments GmbH

Kronsaalsweg 88

22525 Hamburg

Managing director: Holger Siegel

VAT ID: DE 323289206

Register court: AG Hamburg

HRB 125735