Terms & Conditions

General Terms and Conditions of the Carlotta Apartments (Operator: Godebo GmbH) 
As of February 2025

I. SCOPE 

1. These Terms and Conditions apply to all contracts for the provision of apartments for accommodation between the “Operator” and a customer (“Guest”) (together “Parties”), as well as to all other services and supplies provided by “Carlotta Apartments” (“Accommodation Contract”), unless the parties have entered into an individual contractual agreement. 

2. These terms and conditions apply exclusively. Deviating, conflicting or supplementary terms and conditions of the guest shall only become part of the contract if and to the extent that the operator has expressly agreed to their validity. This consent requirement applies in any case, for example even if the guest refers to his terms and conditions in the context of the conclusion of the contract and the operator does not expressly object to this. The operator hereby expressly contradicts the reference to its own terms and conditions in the form. If the Operator refers to a letter containing or referring to the terms and conditions of the Guest or a third party, this does not constitute express agreement with the validity of these Terms and Conditions. Special contractual agreements between the operator and the guest take precedence. 

3. The transfer of the apartments, premises, areas as well as public invitations and the implementation of sales or similar events require the prior written consent of the operator. 

II. CONCLUSION OF CONTRACT, PARTNERS 

1. The Operator’s acceptance of the reservation made by the Guest constitutes an accommodation contract between the Operator and the Guest, the object of which is the provision of the reserved apartment and the provision of services. This does not constitute a rental agreement. 

2. The contracting parties are the operator and the guest who uses the services of the apartment. If a third party has ordered for the guest, he or she is jointly and severally liable to the operator together with the guest for all obligations arising from the corresponding accommodation contract. The guest is responsible for compliance with these regulations by persons with whom he voluntarily shares the apartment and to whom he allows access to the apartment complex. 
 
3. The minimum age of a guest making the booking is 18 years.  

Minors are not entitled to stay in an apartment without being accompanied by an adult parent or guardian. 

III. SERVICES, PRICES, PAYMENT 

1. Unless expressly agreed otherwise, the guest is not entitled to the provision of a specific apartment. 

2. There is an absolute ban on smoking on the entire grounds of the Carlotta Apartments. In the event of a violation, an additional cleaning fee of EUR 500 must be paid by the guest in question. If cigarette smoke causes a false fire alarm, a lump-sum compensation of EUR 2,000 must be paid, which is to be offset against any damage actually incurred. The possibility of asserting further claims for damages by the operator remains unaffected by this. 

3. Bringing animals into the apartment is not allowed without the consent of the operator. 

4. Noise must be avoided during the quiet hours from 22:00 to 08:00. In the event of a violation, a contractual penalty of EUR 500 must be paid. 

5. The apartment is cleaned once a week by the operator’s staff. Additional cleaning is available for an additional fee. The guest is responsible for keeping the apartment swept clean and tidy, disposing of garbage in the designated containers and washing the dishes. In the event of significant soiling, the operator reserves the right to charge an additional cleaning fee or to terminate the accommodation contract without notice. 

6. The kitchenette is not a fully equipped kitchen. It has a microwave, fridge, kettle, sink as well as crockery, cutlery and glasses. The kitchenette is not designed for everyday cooking, but rather for the occasional preparation of simple meals. There are two cooking areas that can be activated if necessary. The kitchenette does not have an extractor hood, so frying and cooking with strong odors are not allowed. When cooking in the apartment, make sure that there is sufficient ventilation. If an odor persists in the apartment, the operator reserves the right to charge for the damage caused. In addition, the kitchenette, especially the surfaces, must be kept clean. In the event of any contamination or damage, the operator reserves the right to charge the cost of removal. 

7. The guest is liable for any damage caused during his stay in the apartment. Any damage that occurs during the stay must be reported to the operator immediately. 

8. When leaving the apartment, all windows and doors must be properly closed and the stove turned off. 

9. Unless otherwise stated, the agreed accommodation fee is inclusive of the taxes and local charges applicable at the time of conclusion of the contract. The following taxes are excluded from this: For stays of less than 21 nights, the city tax of 7.5% is charged, which must be paid by the guest with the invoice and is forwarded by the operator to the city of Berlin. 

10. The Operator shall be entitled to demand an appropriate advance payment or security from the Client upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. 

11. The total invoice amount to be paid by the guest is due for payment and must be paid at the latest upon the customer’s departure. 

12. In all other respects, invoices from the operator without a due date are payable without deduction within ten days of receipt of the invoice. 

13. If the guest fails to pay a due claim of the operator even after a reminder setting a deadline for payment by the operator, the guest is in default. In the event of default, the Operator shall be entitled to cease further provision of services with immediate effect if it has threatened to discontinue future services in the event of non-timely payment. 

14. The Operator is free to accept and select credit cards in each individual case of presentation of a credit card, even if the general acceptance of credit cards is indicated by notices on the Operator’s business premises. Otherwise, credit cards and other means of payment are only accepted on account of performance. 

IV. PROHIBITION OF SET-OFF 

Offsetting against claims of the operator is only permissible with undisputed or legally binding claims. 

V. WITHDRAWAL OF THE OPERATOR 

1. Rights of withdrawal agreed in favour of the Guest in individual cases shall also have an effect in favour of the Operator if the Operator informs the Guest that there are other booking requests for the respective Apartment and the Guest does not waive his right to withdraw from this notification. 

2. If an agreed advance payment or security is not made even after the expiry of a reasonable grace period set by the Operator, the Operator shall also be entitled to withdraw. 

3. Furthermore, the operator is entitled to withdraw from the contract for objectively justified reasons. An objectively justified reason exists if force majeure or other circumstances for which the operator is not responsible make the performance of the contract impossible; Apartments are booked under misleading or material false facts, e.g. in the person of the customer or the purpose; rooms are culpably booked under misleading or false information or concealment of material facts; the identity of the customer, the ability to pay or the purpose of the stay may be essential; the operator has reasonable grounds to believe that the use of the service may endanger the smooth running of the business, the security or the reputation of the operator in the eyes of the public, without this being attributable to the operator’s sphere of control or organisation; the purpose or occasion of the stay and/or the event is unlawful; the customer announces without the consent of the operator that he will make the apartment available to a third party for use. 

VI. APARTMENT HANDOVER, RETURN 

1. Booked apartments are available to the guest from 3:00 p.m. on the agreed day of arrival. The guest is not entitled to an earlier provision without a separate agreement. 

2. On the agreed day of departure, the apartments must be vacated and made available to the operator by 11:00 a.m. at the latest. According to this, due to the late eviction of the apartment, the operator can charge 50% of the full lodging price (list price) of the following night for its use beyond the contract if vacated by 6:00 p.m. and 100% if vacated after 6:00 p.m. 

VII. TECHNICAL EQUIPMENT AND CONNECTIONS 

1. With the consent of the Operator, the Guest is entitled to use his/her own telephone, fax and data transmission facilities. The operator can charge a connection fee for this. 

2. Faults in technical or other equipment provided by the operator will be rectified immediately if possible. Payments cannot be withheld or reduced if the operator is not responsible for these disruptions. 

VIII. LIABILITY OF THE OPERATOR 

1. If the guest is provided with a parking space in the apartment building car park, even for a fee, this does not constitute a custody contract. 

2. Messages, mail and shipments of goods for the guest are handled with care. Claims for damages are excluded. 

3. Subject to the following provisions in this section and the following section, all claims of the guest for damages are excluded. Excluded from this are claims for damages by the guest from injury to life, limb, health or from the violation of essential contractual obligations as well as liability for other damages based on an intentional or grossly negligent breach of duty by the operator, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract. In the event of a breach of essential contractual obligations, the Operator shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless it concerns claims for damages by the Customer resulting from injury to life, limb or health. The above restrictions shall also apply in favour of the Operator’s legal representatives and vicarious agents if claims are asserted directly against them. 

4. The Operator shall be liable to the Guest for items brought in in accordance with the statutory provisions. 

IX. RIGHT OF REFUSAL/RIGHT OF REFERRAL 

1. The Operator is entitled to deny a Guest access to the apartment building and accommodation if, upon the arrival of the Guest, there is a reasonable concern that the Customer is under the influence of drugs or alcohol or is behaving abusively towards the Operator staff or other Guests. The operator is entitled to expel a guest from the apartment building and to terminate the existing contract with him without notice if he repeatedly disturbs the peace, or harasses or insults other guests or operating staff, or otherwise commits a serious breach of contract. 

2. Access to the Carlotta apartment house is only granted to guests with a valid reservation. Unless otherwise agreed in writing with the Operator, guests may not allow access to the apartment building or the associated premises to third parties who are not registered in the reservation system. 

X. FINAL PROVISIONS 

1. This contract is governed by the laws of the Federal Republic of Germany. 

2. For all disputes arising from or in connection with this contract or its validity, the courts at the registered office of the operator shall have exclusive jurisdiction, provided that the guest is a merchant or does not have a general place of jurisdiction within the Federal Republic of Germany. The place of performance for all performance obligations under this contract is also the registered office of the operator. 

Berlin, February 2025