General terms and conditions agreed with the landlord/owner for the letting of holiday apartments

1. General object of the contract
On its internet site, berolina-apartments.de, Berolina Apartments bei Lene Kelly Schütze offers holiday apartments / accommodation lettings in Berlin. This list is intended to offer potential tenants the opportunity to find available accommodation and book this without complication.

2. Advertisement placement requirements
The landlord provides all of the necessary data and images relating to the rental object and its environment for publication. If the characteristics of the rental object should change, this must be reported immediately. The landlord must ensure that the material provided is free of any copyright restrictions. If third parties should make rightful claims, the landlord shall bear any costs which may arise from a contravention of copyright laws. Furthermore, he shall ensure that his document data is constantly accessible. Should his accommodation become unavailable for any reasons, he must also report this.
Berolina Apartments bei Lene Kelly Schütze or persons commissioned by it may view the accommodation on request, and produce images of it in order to create the marketing material for the rental object. Berolina Apartments bei Lene Kelly Schütze shall not be responsible for any loss of data or images made available by the landlord.
The landlord/host shall ensure that he compiles with all legislative requirements which exist in relation to providing accommodation to tenants or guests.

3. Obligations of Berolina-Apartments.de
The letting object is an offer of overnight accommodation. The letting agent provides overnight accommodation options in holiday apartments on behalf of the landlord/host. In this sense, Berolina Apartments bei Lene Kelly Schütze does not offer any services of its own, instead the offers that it makes are in the name and at the cost of the landlord. Any resultant rental contract thus exists exclusively between the landlord who is letting out the accommodation and the tenant/guest. Additional services provided by Berolina Apartments bei Lene Kelly Schütze, such as cleaning and facility management, require additional agreement and are not an automatic component of the letting services.

4. Prices, payment
All prices shall be stipulated by the landlord/host including all taxes and letting fees charged at a rate of 20% of the base price. The 20% letting fee is not charged on the final cleaning bill, any deposits or additional services. The customer/tenant pays a deposit, equal to the letting fee, into the account in the name of Berolina Apartments bei Lene Kelly Schütze. In the event of last-minute bookings, the customer/tenant pays no deposit. The customer/tenant is required to pay the remaining sum (full sum in the event of no prior deposit) including all additional costs and deposits in cash to Berolina Apartments bei Lene Kelly Schütze on the day of arrival and in advance for the full timeframe booked. Berolina Apartments bei Lene Kelly Schütze acts as a fully authorised recipient of funds. The landlord/host receives a complete invoice at the end of the letting period for his files. In the event of open sums owing, these must be balanced at this time.

5. Duration of the contract, termination
Unless otherwise agreed, the contract shall begin with the start of the online placement of the advertisement, irrespective of the date of the initial inquiry. The contract can be terminated by either party at any time without any notification period applying. Terminations shall be in writing, by fax or letter. Berolina Apartments bei Lene Kelly Schütze reserves the right to extraordinarily terminate the contract if the landlord does not meet with his obligations described in the conditions in section 2. In particular, these include any irregularities in the processing of inquiries, as well as inaccurate information. Termination results in the forfeiture of the authority to agree letting arrangements. The tenants and letting contracts organised and agreed by the letting agency prior to termination remain unaffected by the termination. If the landlord should terminate the contract with the letting agency, the cancellation conditions stipulated in point 6 apply.

6. Cancellation by the landlord/host
The landlord/host is obliged to make available any accommodation reserved, for the timeframe of the booking. In the event that the accommodation is not made available, the landlord is required to refund in full any payments already made by the guest to the landlord himself, as well as any payments that the guest may have made to Berolina Apartments bei Lene Kelly Schütze. Berolina Apartments bei Lene Kelly Schütze will retain the deposit provided to it in payment for its letting services, this fee shall not be refunded to the landlord/host. The landlord/host shall receive an invoice detailing the deposit charge for his files. In the event of any payments outstanding, he must balance these.

7. Withdrawal from the contract/cancellation/rebooking by the guest
The guest is able to withdraw from the contract with Berolina Apartments bei Lene Kelly Schütze at any time prior to the start of the rental period, with a declaration of withdrawal. This withdrawal declaration must be in writing. Irrespective of the date of booking, cancellations are always permitted as long as these are submitted to Berolina Apartments bei Lene Kelly Schütze in writing no later than four weeks prior to the date of arrival. The cancellation will only be subject to a processing fee of €20.00. Exceptional regulations shall be agreed in writing betweenBerolina Apartments bei Lene Kelly Schütze and the guest as part of the reservation confirmation.
If a booking is cancelled by a guest within four weeks of the arrival date, Berolina Apartments bei Lene Kelly Schütze will attempt to re-let the now free apartment(s) to another guest. If this re-letting is not possible, Berolina Apartments bei Lene Kelly Schütze is entitled to demand compensation from the guest for a failure to fulfil obligations, in accordance with paragraph 651 of the BGB. The cancellation shall be processed by Berolina Apartments bei Lene Kelly Schütze. A rebooking shall incur a processing fee of €20.00. If no other cancellation conditions have been agreed with Berolina Apartments bei Lene Kelly Schütze, the following regulations shall apply: The cancellation fees shall be charged as follows:
From 27 days: 20 % of the total price
From 14 days: 60 % of the total price
From 5 days: 80 % of the total price

8. Disclaimer
Berolina Apartments bei Lene Kelly Schütze and its representatives shall not be liable for damages which arise from the use of the internet facility, if these are not the result of gross negligence on the part of Berolina Apartments bei Lene Kelly Schütze or one of its representatives. In particular, Berolina Apartments bei Lene Kelly Schütze shall not be liable for damages which arise as a result of incorrect information in the online offer. Likewise, the letting agent shall not be liable for any erroneous or double bookings, or any other errors which arise as a result of processing booking inquiries.

9. Severability clause
Should individual conditions within this contract be ineffective or unworkable, or prove to be ineffective or unworkable after contractual agreement is in place, the effectiveness of the remainder of the contract shall be unaffected by this. The ineffective or unworkable condition shall be replaced by a regulation which is effective and workable and which reflects, as closely as possible, the aims and intentions of the parties as intended with the original ineffective or unworkable condition. This condition also applies in equal measure to any loophole which may be discovered in the contract.

10. Applicable law / place of fulfilment / place of jurisdiction
German law applies to the exclusion of UN sales law. The place of fulfilment is Berlin. Unless the customer is tradesman or his place of residence is outside of Germany, Berlin-Charlottenburg shall hold sole jurisdiction.