§1 Validity of the General Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of apartments for accommodation as well as all other services and deliveries provided by the landlord for the tenant. The services provided by the landlord (Mr. Igor Gerinas, Kuno-Fischer-Straße 7a, 14057 Berlin) are provided exclusively on the basis of these general terms and conditions - the guest's terms and conditions only apply if they have been expressly agreed upon in writing beforehand.
(2) The subletting or re-letting of the apartment apartment provided as well as its use for purposes other than residential purposes require the landlord's prior written consent.
 
§2 Booking/booking confirmation
Bookings made are only binding for the landlord if he sends the guest a booking confirmation stating the booking period.
The guest will receive such confirmation if the apartment is available in the desired period. With this confirmation, the guest also receives the invoice unless the booking was made through a third-party provider (e.g. Booking.com).
 
§3 Payment conditions
The total amount is due immediately after booking and must be paid in full to the landlord, unless the booking was made through a third-party provider and the latter has other payment modalities - in this case, the third-party provider's payment modalities apply.
In the event of late payment, the landlord is entitled to charge the applicable statutory default interest of currently 5% points above the base interest rate. For each reminder after the default has occurred, the guest must reimburse reminder costs of 2.50 euros.
The guest is responsible for all other costs incurred as part of debt collection.
The guest also bears the costs of payment, especially when transferring money from abroad, i.e. the full invoice amount must be credited to the landlord's bank account.
Payment is made to the landlord by bank transfer to the account stated on the invoice, or by credit card when booking (the landlord's processing partner is Concardis GmbH, Helfmann-Park 7, 65760 Eschborn).
If the booking is made via a third-party provider (e.g. Booking.com), payment is made using the permissible payment methods.

 

§4 Arrival and departure
On the day of arrival, the apartment is available from 3:00 p.m.
The doors have an electronic lock, the access code is sent to the tenant by email together with the booking confirmation and is valid from 3 p.m. on the day of arrival.
The code must be treated as confidential and may not be passed on to third parties without the landlord's consent.
On the day of departure, the apartment must be vacated by 10:00 a.m. The landlord reserves the right to charge for a late departure. The apartment must be left swept clean on the day of departure.
 
§5 Apartment equipment
The apartment will be handed over by the landlord in a tidy and clean condition with a complete inventory.
If defects exist or occur during the rental period, the landlord must be informed immediately.
The tenant is liable for any damage caused by him to the rental property, the inventory, e.g. damage to the floor or furniture. This also includes the costs of stolen inventory.
The inventory must be treated gently and carefully and is only intended to remain in the apartment. Adjusting furnishings, especially beds, is prohibited. The tenant is also liable for the negligence of his fellow travelers. Damage caused by force majeure is excluded from this. If the apartment is used in violation of the contract, such as subletting, overcrowding, disturbing the peace, etc., or if the full rental price is not paid, the contract can be terminated without notice.
If liability insurance exists, the damage must be reported to the insurance company. The landlord must be informed of the name and address as well as the insurance number of the insurance company.
The landlord reserves the right - depending on the payment method chosen, possibly also when booking through third-party providers - to demand a damage deposit of €500.00 or to block it on the chosen payment method and/or to collect it from the chosen payment method in the event of damage.
The landlord will then have the resulting damage estimated by an expert and will offset this against the deposit and/or make a corresponding additional claim.
The tenant is free to prove that the damage was lower.

 

§6 Pets
Accommodation of pets of any kind is not permitted. If animals are nevertheless accommodated, the landlord is entitled to charge a cleaning fee of €300.00 net.
 
§7 Stay
The apartment may only be used by the people listed in the booking.
This also applies to bookings made by a legal entity - they must indicate the natural tenants, even if the invoice is or should be made out to the legal entity.
If the apartment is used by more people than agreed, a separate fee must be paid for them, which is determined by the rental price. In this case, the landlord also has the right to terminate the rental agreement without notice.
Subletting or transferring the apartment to third parties is not permitted. The rental agreement may not be passed on to third parties.
The tenant agrees to the house rules (attached as an attachment). The declaration of consent takes place with the payment.
If the house rules are violated, the landlord is entitled to terminate the rental agreement immediately and without notice. There is no legal right to repayment of the rent or compensation.
Commercial photography, wedding photography and product photography are only permitted in our establishment after approval from management and before booking or arrival. We charge a shooting fee for approved shoots and draw up a motif usage contract.
 
§8 Travel cancellation
If the tenant withdraws from the rental agreement, he or she is obliged to pay part of the agreed price as compensation.
In this respect, depending on the package selected, the following conditions apply:
– Attractive tariff
The rental agreement cannot be canceled free of charge. If you cancel before the day of arrival, you will pay 100% of the total price.
In the event of no-show or cancellation on the day of arrival, you will pay an amount equal to the total price.
– Standard tariff
The rental agreement can be canceled free of charge up to 7 days before your arrival. If you cancel less than 7-0 days before your arrival, you will pay 100% of the total price. If you do not show up or cancel on the day of arrival, you will pay an amount equal to the total price.
 
It is recommended that you take out travel cancellation insurance.
The agreed flat rates cover all possible damages on the part of the landlord due to non-rental and also apply to the benefit of the tenant if a new rental is not possible at all.

§9 Cancellation by the landlord
In the event of cancellation by the landlord, as a result of force majeure or other unforeseeable circumstances (such as the destruction of the apartment) as well as other circumstances beyond our control which make fulfillment impossible; liability is limited to the reimbursement of costs. In the event of a justified withdrawal, the tenant has no claim to compensation - liability for travel and hotel costs is not accepted.
 
§10 Liability of the landlord
The landlord is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for possible failures or disruptions in the water or electricity supply, as well as other events and consequences due to force majeure are hereby excluded.
 
§11 Use of internet access via WLAN
The landlord maintains Internet access via WLAN in his apartment. It allows the tenant to share the WLAN access to the Internet for the duration of his stay. The tenant does not have the right to allow third parties to use the WiFi.
The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow additional co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or at times if the connection is or has been used unlawfully. In particular, the landlord reserves the right to block access to certain pages or services via the WLAN at its reasonable discretion and at any time (e.g. pages that glorify violence, pornography or paid pages).
Use takes place via access protection. The access data (login and password) may under no circumstances be passed on to third parties. The tenant undertakes to keep his access data secret. The landlord has the right to change access codes at any time.
Use of the Internet via WLAN access is at your own risk - virus protection and firewall are not available. The landlord also assumes no liability for transport encryption between the tenant's network device and the WLAN router or beyond. The data can therefore potentially be viewed by third parties. The landlord assumes no liability for damage to the tenant that occurs through the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.

 

Use of the Internet via WLAN access is at your own risk - virus protection and firewall are not available. The landlord also assumes no liability for transport encryption between the tenant's network device and the WLAN router or beyond. The data can therefore potentially be viewed by third parties. The landlord assumes no liability for damage to the tenant that occurs through the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and/or his vicarious agents.
The tenant is responsible for the data transmitted via the WLAN, the paid services and legal transactions used via it. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him. He is obliged to comply with applicable law when using the WLAN.

The tenant indemnifies the landlord from all third-party claims arising from the use of the WLAN/Internet by the tenant or third parties to whom the tenant has granted access and/or based on a violation of this agreement, this also extends to with costs and expenses associated with the claim or its defense. If the tenant recognizes or must recognize that such a violation of the law and/or such a violation has occurred or is threatened, he will inform the landlord of the apartment of this circumstance.
 
§12 Property security
(1) There is a general ban on smoking in the apartment, regardless of the type of consumption (cigarette, e-cigarette, cigar, vaper, joint, etc.). In the event of violations, the landlord can charge a cleaning fee of up to 300.00 euros (net).
(2) There is also a strict ban on drugs in the apartment. In the event of a violation, the landlord is entitled to terminate the rental agreement immediately. The tenant's claims for compensation are excluded in this respect; the rent will not be reimbursed (in whole or in part).
(3) The property is under video surveillance by the owner for security reasons. It cannot be ruled out that the tenant and in particular the corridors in front of the rooms fall within the detection area. There is no video surveillance within the apartment.

§13 Written form
There are no agreements other than those listed in this contract. No verbal agreements were made.
 
§14 Severability clause
Should one or more provisions of these General Terms and Conditions become ineffective, this will not affect the effectiveness of the remaining provisions. The invalid provision must be replaced by an effective one that comes closest to the economic purpose pursued by the invalid provision.
 
§15 Place of jurisdiction
For any disputes arising from the contractual relationship, the place of jurisdiction is Berlin, provided that the agreement on the place of jurisdiction is permissible.
HOUSE RULE
 
1. Acceptance of the house rules
 
• These house rules are part of the rental agreement described above. If necessary, the landlord reserves the right to change and supplement these house rules in the interests of the tenants. Such changes and additions are also part of the rental agreement after they have been announced to the tenant.
 
• The tenant accepts the house rules as binding for him. A violation of the house rules is a use of the rental property in violation of the contract. The tenant is liable to pay compensation for all damages incurred by the landlord due to violation or non-compliance with the house rules, in particular also due to failure to comply with reporting obligations.
 
2. Cleanliness and cleaning
 
• The rental rooms must be cleaned carefully and ventilated properly. Garbage and waste products may only be placed in designated trash containers. Bulky items (boxes, crates, bales of packing paper, etc.) may not be stored temporarily due to the increased risk of fire and must be removed by the tenant immediately. Objects that could cause a blockage must not be emptied into wash basins, sinks and toilet facilities.
• Tenants should also ensure - as far as they can - that the common areas and rooms are not unnecessarily dirty. Tenants should therefore ensure that under no circumstances is rubbish and cigarettes thrown away in the car parks or in the entrance area.
Floors must be treated and kept clean in accordance with the appropriate care instructions. Floors must be kept dry, especially near water taps and water containers. If it gets cold, the tenant must take precautions to prevent the water pipes from freezing; In particular, he must close the relevant windows, protect the supply lines from the cold and maintain a minimum temperature of +10 degrees Celsius.
• Any unnecessary consumption of water or light in shared parts of the building must be avoided.
• The rental property must be kept free of all vermin. If vermin are suspected, the landlord can carry out an inspection of the rental property and, if necessary, have the rental property disinfected at the tenant's expense. If vermin appear, the tenant is obliged to inform the landlord immediately. If vermin appear, claims for damages against the landlord are excluded.
If the tenant does not fulfill the cleaning obligation, the landlord is entitled to have the cleaning carried out at the tenant's expense.
• Waste from commercial activities should only be placed in garbage containers provided for general use. To ensure environmental protection, the landlord will provide separate disposal options for glass, paper and residual waste. Further waste separation measures remain subject to separate agreements. The tenant disposes of hazardous waste at his own expense. As part of his operational organization, he will ensure that hazardous waste is not added to other waste. Relevant environmental protection regulations must be observed.

3. Order
 
• Setting up and storing items of any kind (e.g. goods, fuel, packaging, vehicles, etc.) outside the rental rooms - especially in the common areas - is not permitted. The official bans on this must also be observed. The tenant must bear the costs of removing any item that has been left unauthorised. The tenant must ensure the removal of the packaging.
• Animals (e.g. dogs, cats) may only be kept in the rental rooms with the written consent of the landlord. The landlord can revoke this consent at any time. The tenant keeping animals is liable without limitation for all damage caused by keeping animals.
• Any trade in non-industry products in-house is prohibited.
• Company boards, signs and other advertising materials may only be displayed in the common areas with the written consent of the landlord. Illegally installed company boards, especially those relating to companies that have not concluded a rental agreement with the landlord, can be removed by the landlord at any time at the tenant's expense. Offering and displaying goods in the common areas is also prohibited.
• The keys given by the landlord to the tenant when moving in may not be given to strangers. The loss of keys must be reported to the landlord immediately. Damaged keys must be returned to the landlord immediately. If a key is lost, the landlord can demand the costs of replacing the locking system.
• The elevator systems must be treated carefully when in use. In the event of any disruptions, the landlord must be notified immediately. Malfunctions in the elevator system do not constitute grounds for claims for damages.
4. Security of the building
 
• If a tenant enters or leaves the building outside opening hours, he must ensure that the doors are closed properly and the lighting systems are switched off. This also applies to elevator systems.
• Instructions from the caretaker, the landlord or people appointed by the landlord that concern safety and order in the house must be followed.
• Customer parking spaces must be kept free for customers. Domestic workers are only allowed to park in designated areas.
• The fire department approach, house entrances and community facilities must be kept clear at all times.
• The escape routes and stairs may only be used in emergencies and must be kept clear at all times for fire safety reasons.
• The traffic regulations in the parking spaces must be observed.
• In order to ensure that customers have a pleasant stay in the business premises, any unnecessary noise or noise should be avoided.
• All general technical and official regulations, especially those of the building supervisory authority and fire department, must be observed.
• Malfunctions in the gas, irrigation and drainage systems, electrical systems and other household facilities, blockages in the gas and drainage systems, etc. must be reported immediately.
5. Collective heating and hot water supply
 
• During the heating season, doors and windows must be kept tightly closed. Ventilation should be limited to a normal level.
• Tenants are not permitted to use the radiators in the common areas during the heating season.
• If there is a risk of frost, the radiators must not be switched off; all other water pipes and drain pipes in the rented property must be adequately protected to prevent freezing. Any existing collective heating systems will be kept in proper operation as long as the outside temperature requires it. The guideline is to warm the rooms mainly used to + 20 degrees Celsius.
During the heating period, the tenant must keep doors and windows well closed, even in unheated rooms. Necessary ventilation must not lead to the rooms becoming too cold. When there is frost, the valves must not be set to “cold” to avoid freezing.
There is no entitlement to heating from May 1st to September 30th. A specific temperature cannot be guaranteed if there is a restriction in the fuel supply, nor in the event of disruptions caused by natural events, interruptions to the state of peace in general or in our own or third-party companies.