Terms & Conditions

General Terms and Conditions of Godebo GmbH (April 2023)

I. SCOPE

These terms and conditions apply to all contracts for the temporary rental of apartments as well as all related services and deliveries provided to the customer by Carlotta Apartments.

Subleasing or re-leasing of the provided apartments, rooms, spaces, or display cases, as well as public invitations and the conduct of sales or similar events, require the prior written consent of the apartment owner.

These terms and conditions are exclusive. Contradictory or differing terms will not be recognized unless explicitly agreed upon in writing beforehand. Special contractual agreements between the landlord and the tenant take precedence.

II. CONTRACT CONCLUSION, PARTNERS

The contract is concluded by the acceptance of the tenant’s application by the landlord. The landlord is free to confirm the apartment booking in text form or via email.

The contractual partners are the landlord (Carlotta Apartments) and the tenant who uses the apartment. If a third party has ordered for the customer, they are jointly liable with the tenant for all obligations under the relevant contract.

III. SERVICES, PRICES, PAYMENT

The landlord is obliged to provide the apartments booked by the tenant, to deliver the services ordered by the customer and promised by the landlord, and to perform the services agreed upon with the customer. Unless otherwise agreed, there is no entitlement to the provision of a specific apartment.

Carlotta is a NON-SMOKING apartment building. Guests who do not comply will be charged an additional cleaning fee of 500 EUR. If cigarette smoke triggers a false fire alarm, an extra charge of 2,000 EUR will be added, along with any costs associated with fire department or police operations.

Consideration for neighbors and quiet hours. Noise should be avoided during quiet hours from 10:00 PM to 8:00 AM. Violations can result in a fine of up to 500 EUR.

Cleanliness: The apartment will be cleaned by staff once a week. Additional cleanings are available for an extra fee. The customer is responsible for keeping the apartment clean and tidy, disposing of trash in the designated containers, and washing the dishes. In cases of significant dirtiness, the apartment house reserves the right to charge an additional cleaning fee or terminate the rental contract.

Use of the kitchenette: The kitchenette is not a fully equipped kitchen. It includes a microwave, refrigerator, kettle, sink, and dishes, cutlery, and glasses. It is intended for the occasional preparation of simple meals, not daily cooking. There are two cooking spots available if needed. The kitchenette does not have an extractor hood, so frying and cooking with strong odors is not permitted. The use of a frying pan is not allowed. Sufficient ventilation is necessary when cooking in the apartment. If a smell remains in the apartment, the apartment house reserves the right to deduct the damage from the deposit. The apartment house may retain the entire deposit to cover the costs associated with odor nuisance. Additionally, the kitchenette, especially the surfaces, must be kept clean. If permanent stains remain on the surface, the customer may be held liable and charged accordingly. In cases of strong odors or permanent stains, the apartment house reserves the right to terminate the rental contract immediately. Liability for damages: You are liable for any damage that occurs during your stay in the apartment. Any damages that occur during the stay must be reported to the apartment house by the customer immediately.

Security: When leaving the apartment, all windows and doors must be properly closed. The customer must also ensure that the stove is turned off.

The customer is obliged to pay the applicable or agreed prices of the apartment house for the apartment rental and for other services used by them.

The agreed prices include the taxes and local charges applicable at the time of contract conclusion. Not included are local taxes that the customer owes according to municipal law, such as accommodation tax. In case of changes in VAT or the introduction, change, or abolition of local charges on the service subject after contract conclusion, the prices will be adjusted accordingly. For contracts with consumers, this applies only if the period between contract conclusion and contract fulfillment exceeds four months.

The apartment house is entitled to request an appropriate advance payment or security deposit, such as a credit card guarantee, from the customer upon contract conclusion. The amount of the advance payment and the payment dates can be agreed upon in text form in the contract.

In justified cases, such as customer payment arrears or expansion of the contract scope, the apartment house is entitled to request an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after contract conclusion and up until the start of the stay.

Furthermore, the apartment house is entitled to request an appropriate advance payment or security deposit for existing and future claims from the contract at the beginning and during the stay, provided such has not already been provided by the customer.

The total invoice amount owed by the customer is due and payable at the latest upon departure. Advance payments requested by the apartment house must be paid by the specified deadline. The credit card provided at booking or upon arrival serves as a guarantee for the accommodation costs and any other services and costs incurred.

Otherwise, invoices from the apartment house without a due date are payable within ten days of receipt without deduction. The apartment house can demand immediate payment of due claims from the customer at any time.

In the event of customer payment default, the apartment house is entitled to charge the applicable statutory default interest of currently 8% or, in legal transactions involving a consumer, 5% above the base rate. The apartment house reserves the right to prove higher damages. Additionally, the apartment house is entitled to discontinue all further and future services for the customer if the hotel has reminded the customer with a deadline and threatened to suspend future services in the event of non-timely payment.

The acceptance and selection of credit cards are at the discretion of the apartment house in each case the card is presented, even if the general acceptance of credit cards is indicated by signs in the apartment house. The acceptance of credit cards and other payment methods is otherwise only for fulfillment purposes.

For bookings of 5 or more people or more than 3 apartments, the apartment house must be contacted in advance as special conditions and additional fees may apply.

The apartment house is entitled at any time during booking or in the apartment house to request an identity and/or ownership verification for the provided payment method.

IV. RIGHT OF SET-OFF

The customer may only set off an undisputed or legally binding claim against a claim of the apartment house.

V. WITHDRAWAL OF THE APARTMENT HOUSE

If a free cancellation right of the customer within a specified period was agreed upon in writing in individual cases when the contract was concluded, the apartment house is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked apartment or the contractually booked event rooms and the customer does not waive their right of withdrawal upon inquiry by the apartment house.

If an agreed or requested advance payment or security deposit is not made even after a reasonable grace period set by the apartment house, the apartment house is also entitled to withdraw from the contract.

Furthermore, the apartment house is entitled to withdraw from the contract for a justifiable reason. A justifiable reason exists if acts of God or other circumstances for which the apartment house is not responsible make the fulfillment of the contract impossible; apartments are booked under misleading or false information of essential facts, e.g., the identity of the customer or the purpose; rooms are booked under misleading or false information or concealment of essential facts; essential can be the identity of the customer, the solvency or the purpose of stay; the apartment house has justified reasons to assume that the use of the service may endanger the smooth business operation, the security or the reputation of the apartment house in public without being attributable to the control or organizational area of the apartment house; the purpose or reason for the stay and/or event is unlawful; the customer allows the apartment to be used by a third party without the consent of the apartment house.

Pets are not allowed without the consent of the apartment house.

The justified withdrawal of the apartment house does not entitle the customer to compensation.

VI. CUSTOMER WITHDRAWAL FROM THE CONTRACT

Withdrawal by the customer from the contract concluded with the apartment house is only possible if a withdrawal right was expressly agreed upon in the contract, a statutory withdrawal right exists, or the apartment house expressly agrees to the contract cancellation. The agreement of a withdrawal right and any consent to a contract cancellation should be made in text form.

If a deadline for free withdrawal from the contract was agreed between the apartment house and the customer, the customer can withdraw from the contract until then without triggering payment or compensation claims from the apartment house.

If no withdrawal right was agreed or it has already expired, there is no statutory withdrawal or cancellation right, and the apartment house does not agree to a contract cancellation, the apartment house retains the right to the agreed remuneration despite non-use of the service.

VII. APARTMENT HANDOVER AND RETURN

The customer has no claim to the provision of specific apartments unless expressly agreed.

Booked apartments are available to the customer from 3:00 PM on the agreed arrival day. The customer has no claim to earlier provision without a separate agreement.

On the agreed departure day, the apartments must be vacated and made available to the apartment house by 12:00 PM. After that, the apartment house may charge 50% of the full accommodation price (list price) for late vacating until 6:00 PM and 100% from 6:00 PM for the following night. This does not constitute contractual claims of the customer. Further possible claims for damages by the apartment house remain unaffected.

Apartments are provided in a clean and ready-to-use condition. At the end of the tenancy, the tenant must return the apartment in a swept-clean condition. The tenant is responsible for proper waste disposal and ensuring all personal items are removed. Any damages or missing inventory will be charged to the tenant.

VIII. LIABILITY

The apartment house is liable for its obligations under the contract with the diligence of a prudent businessman. Customer claims for damages are excluded. Exempt from this are damages resulting from injury to life, body, or health if the apartment house is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the apartment house, and damages based on an intentional or negligent breach of contractual obligations of the apartment house. A breach of duty by the apartment house is equivalent to that of a legal representative or vicarious agent.

Should disruptions or defects occur in the services of the apartment house, the apartment house will act to remedy such upon the customer’s complaint without delay. The customer is obliged to contribute what is reasonable to remedy the disruption and keep possible damage to a minimum.

The apartment house is not liable for items brought in by the customer. For items stored in the apartment safe, the apartment house’s liability is limited to the maximum coverage of the relevant insurance policy of the apartment house. The apartment house recommends using the room or apartment safe and the central safe at the reception.

If the customer is provided with a parking space in the apartment house garage or a parking lot, this does not constitute a safekeeping agreement, even if a fee is charged. The apartment house is not liable for loss or damage to motor vehicles parked or maneuvered on the apartment house property or their contents, except in cases of intent or gross negligence. This also applies to vicarious agents of the apartment house.

Wake-up orders, messages, mail, and goods deliveries for guests are handled with care. The apartment house takes over the delivery, storage, and – upon request – forwarding of the same for a fee. Claims for damages, except for gross negligence or intent, are excluded.

Items left behind by the customer will only be forwarded upon request, risk, and cost of the customer. The apartment house keeps the items for three months and then, if recognizable value exists, hands them over to the local lost and found office.

The customer is liable for all damages to the building or inventory caused by themselves, their family members, visitors, or other third parties from their sphere or for which they are responsible.

IX. FINAL PROVISIONS

Changes and amendments to the contract or these general terms and conditions should be made in text form. Unilateral changes or amendments by the customer are invalid.

The place of performance and payment is the location of the apartment house.

Exclusive jurisdiction – also for check and bill disputes – in commercial transactions is the location of the apartment house. If a contractual partner fulfills the requirements of § 38 para. 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction is the location of the apartment house.

German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws is excluded.

Should individual provisions of these general terms and conditions be or become invalid or void, this does not affect the validity of the remaining provisions. The statutory provisions apply otherwise.