StayZen Apartments

General Terms and Conditions

1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS

1.1 Scope of these terms and conditions and contractual partners These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the temporary rental of apartments and apartments for accommodation purposes. Such contracts are concluded between the guest and the company StayZen Apartments UG (haftungsbeschränkt) (hereinafter referred to as StayZen). These GTC shall also apply to all additional services provided and goods delivered by the above-mentioned companies.

1.2 Reserved validity of general terms and conditions of the customer Any terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance.

2. RESERVATIONS AND BOOKINGS

2.1 Reservation and contract offer By initiating a reservation or booking, the guest indicates his/her interest in concluding an accommodation contract. If the desired apartment is available, the guest shall receive a reservation or booking confirmation from StayZen. At this point, the accommodation contract between the guest and StayZen comes into effect.

2.2 Non-binding offers and rejection Offers from StayZen regarding available apartments are non-binding and may be rejected at StayZen's discretion. StayZen reserves the right to reject the conclusion of an accommodation contract at its own discretion.

2.3 Restrictions on category bookings If the guest books only one category in an offered property, there is no entitlement to the use of a specific apartment unit. StayZen reserves the right to set industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.

2.4 The booking shall only be deemed to have been completed if the guest submits the complete personal details of all travelers online in advance in the registration form.

3. Cancellation Conditions and Right of Withdrawal of the Guest

3.1 Cancellation Conditions and Right of Withdrawal

The reservation becomes binding only upon payment by the guest to StayZen. In the event of a withdrawal by the guest, unless otherwise agreed in an individual contract, the guest must pay the service provider a cancellation fee according to the following scale:

• Cancellations up to 5 days before arrival are free of charge.
• For cancellations up to 4 days before arrival, 100% of the agreed price is to be paid.These cancellation conditions also apply to online bookings, unless other conditions are expressly stated.

3.2 Expiry of the right of withdrawal and consequences If no right of withdrawal has been agreed or has already expired (expiry of the free withdrawal period), there is also no statutory right of withdrawal or termination. In this case, StayZen retains the right to the agreed remuneration, even if the service is not utilized (no-show) or the cancellation is late. StayZen may offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, StayZen may make a flat-rate deduction for saved expenses. The guest is then obliged to pay 90% of the contractually agreed room price. The guest is entitled to prove that this claim did not arise or did not arise in this amount. In the event of a no-show by the guest for guaranteed reservations lasting several days, all subsequent nights from the first night will be canceled and the guest has no claim to the subsequent nights.

3.3 Reservations on the day of arrival For reservations made on the day of arrival, the guest must make payment in accordance with section 5 immediately, normally within one hour.

4 Prices for overnight stays and miscellaneous

4.1 Prices valid at the time the contract is concluded The prices quoted by StayZen at the time the contract is concluded shall apply.

4.2 Prices including taxes and fees The prices quoted are final prices and include all statutory taxes, fees and charges.

5. TERMS OF PAYMENT AND INVOICING

5.1 Deposit for accommodation services The guest is obliged to pay the price for the booked accommodation service in advance.

5.2 Offsetting option excluded Offsetting on the part of the guest is not permitted unless the claim is undisputed or has been legally established.

5.3 Accepted payment methods In addition to payment via booking portals, the accepted payment methods include all payment methods offered on the website.

5.4 Charging of means of payment for additional services StayZen reserves the right to debit the deposited means of payment with amounts for additional services used or breaches of the General Terms and Conditions. The Guest expressly consents to this.

5.5 Invoicing by e-mail By making a booking, the guest agrees to receive his invoice by e-mail.

6. USE OF THE RESERVED APARTMENTS

6.1 Availability of the reserved apartment The reserved apartment is available to the guest for the predetermined period after the reservation.

6.2 Return of keys and key cards The keys and/or key cards provided by StayZen must be returned to the apartment on the day of departure at a location specified by StayZen.

6.3 Fees for lost items A fee of € 60.00 shall be charged for the loss of keys, key cards, parking permits or failure to return these items. If the loss incurred exceeds € 60.00, StayZen reserves the right to charge additional replacement costs. This also includes the replacement of the locking system for security reasons. The guest is entitled to prove that the damage incurred is less or does not exist at all.

6.4 Late check-out A late check-out can be agreed between StayZen and the guest, subject to availability and on request. If StayZen agrees, a fee of €10.00 shall be charged for each hour of late check-out or part thereof. If there is no agreement, €35.00 per hour may be charged. In the event of departure more than 3 hours after the originally agreed check-out time, the full nightly price of the apartment (based on the average price of the previous nights) will be charged if StayZen agrees. Otherwise, the guest shall be liable for the full accommodation price and any additional damages. The guest is free to prove that the damage is less or non-existent.

6.5 Early arrival (early check-in) An earlier check-in can be agreed between StayZen and the guest, subject to availability and on request. If StayZen agrees to this, a fee of €10.00 shall be charged for each hour or part thereof of early check-in. The guest is not contractually entitled to an early check-in. It is strictly forbidden to sublet the booked apartment or pass it on to third parties. This also includes the transfer of apartments or allotments at prices higher than those stated by StayZen. At the same time, the assignment or sale of claims against StayZen is not permitted. In such cases, StayZen reserves the right to cancel the reservation, in particular if the guest has made false statements to third parties regarding the booking or payment in the event of an assignment or sale.

6.6 Restrictions on use The use of StayZen apartments for purposes other than accommodation is expressly prohibited. This includes in particular any commercial or illegal use. The use of the apartments for photography or video recording is also not permitted without express permission. If the apartment is used for purposes other than accommodation, StayZen reserves the right to cancel the reservation without refund and to vacate the premises.

7. LIABILITY OF STAYZEN

7.1 Liability for damages StayZen shall be liable without limitation for damages resulting from injury to life, body or health for which StayZen is responsible. StayZen shall also be liable for damages resulting from intentional or grossly negligent behavior on the part of StayZen. In the event of simple negligence, StayZen's liability shall be limited to the foreseeable damage typical of the contract, on the fulfillment of which the guest may rely (cardinal obligation).

7.2 Remedy of defects Should disruptions or defects occur in StayZen's services, StayZen shall endeavor to remedy such upon immediate complaint by the guest or upon knowledge thereof. The guest is also obliged to contribute to the rectification of the disruption or defect and to minimize the resulting damage. Furthermore, the guest must inform StayZen immediately of any possible high risk of damage.

7.3 Liability for items brought in StayZen shall be liable for items brought onto the premises in accordance with the statutory provisions. A claim by the guest shall lapse if the guest does not notify StayZen of the loss, destruction or damage immediately after becoming aware of it, unless the clarification of the facts is irrelevant due to a delay in notification.

7.4 Liability for parking spaces The provision of a parking space by StayZen, whether for a fee or free of charge, shall not lead to the conclusion of a safekeeping agreement and StayZen shall not assume any duty of supervision. StayZen shall only be liable for loss, theft or damage to motor vehicles parked on the property or parking space in the event of intent or gross negligence.

7.5 Limitation of claims Claims against StayZen shall generally become time-barred one year after the statutory commencement of the limitation period. This shall not apply to claims for damages or claims arising from injury to life, limb or health or in the event of a grossly negligent or intentional breach of duty by StayZen and in the event of a breach of cardinal obligations.

7.6 Lost property StayZen accepts no liability for lost items, unless there is a deliberate or grossly negligent breach of duty on the part of StayZen. Lost property can be returned on request for a fee and a handling charge of €20.00. StayZen keeps lost property for six months and then disposes of it.

8. CAUTION

8.1 Deposit to secure claims arising from the accommodation contract, StayZen may demand a deposit from the guest before handing over the apartment.

8.2 Amount of the deposit StayZen may retain a deposit of up to 500 euros for stays of less than 60 days and one month's rent for stays of 60 days or more.

8.3 Deadlines for the deposit If the guest does not pay the deposit on time, he/she shall not be entitled to further occupancy of the apartment. StayZen may terminate the accommodation contract without notice if the deposit is not paid within a reasonable period, even though the apartment has already been rented out.

8.4 Payment of the deposit StayZen must pay out the deposit within one month of termination of the accommodation contract.

9 CUSTOMER DATA

9.1 Data collection StayZen is obliged to collect the guest's e-mail address and telephone number for communication purposes. In addition, StayZen may request valid identification upon arrival, for example an identity card or passport for domestic guests and always a passport for foreign guests.

9.2 Proof of identity If the identity of a guest cannot be clearly established due to missing or incorrect documents, StayZen reserves the right to cancel the booking.

9.3 Fraud detection StayZen uses software solutions to detect fraudulent bookings based on data such as the email address, telephone number, credit card details and address of each guest

10. termination of the accommodation contract

10.1 Termination for good cause StayZen reserves the right to terminate the accommodation contract for good cause. Good cause shall be deemed to exist in particular if:

a) Force majeure or circumstances for which StayZen is not responsible make it impossible to fulfill the contract.

b) StayZen has justified cause to believe that the use of the accommodation service may jeopardize the business operations, security or image of StayZen or its locations, without this being attributable to StayZen.

c) Bookings are made with false information or concealment of material facts, such as identity, solvency or purpose of stay.

d) The purpose of the stay is illegal or serves the purpose of residential prostitution.

e) A resale, subletting or brokerage (see Section 7) takes place.

10.2 Consequences of termination In the event of justified termination by StayZen, the guest shall not be entitled to any compensation. If the termination is based on circumstances for which the guest is responsible or which are mentioned in Clause 11.1, StayZen shall also be entitled to cancel or refuse future bookings by the guest.

11. smoking ban

11.1 Non-smoking apartments All StayZen apartments are non-smoking apartments. Smoking is strictly prohibited in the apartments and common areas of StayZen. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balconies or terraces is only permitted if the apartment is marked accordingly and the door to the apartment is closed.

11.2 Sanctions for violation In the event of a breach of the smoking ban, StayZen reserves the right to demand compensation from the guest for additional cleaning costs and possible loss of income due to unreasonable subletting of the apartment. The claim for damages shall amount to at least € 250.00 and may be higher if StayZen can provide evidence of higher damages.

11.3 Safety equipment Tampering with or blocking emergency exits, fire extinguishers or fire alarms is prohibited. A penalty fee of € 150 will be charged for any violation. This also applies to tampering with or switching off safety sensors within the apartments.

11.4 Consequences StayZen reserves the right to cancel an active booking immediately and to expel guests from the hotel if violations of smoking or safety regulations are detected. In such cases, there is no entitlement to a refund. The guest has the opportunity to prove that StayZen has suffered no or only minor damage.

12 Noise and quiet times

12.1 Noise and quiet times It is forbidden to make noise in the booked apartment, in the communal areas and on the premises. The quiet hours from 22:00 to 06:00 must be observed, unless other times are specified in the house rules. Parties and gatherings as well as excessive noise levels are strictly prohibited in StayZen apartments and communal areas.

12.2 Sanctions for violations We reserve the right to impose a fine of 100 euros in the event of repeated breaches of the quiet times. In the event of violations of the ban on parties and gatherings, StayZen reserves the right to demand compensation from the guest for additional cleaning costs and possible loss of income due to unreasonable subletting of the apartment. The claim for damages shall amount to € 500.00 and may be higher if higher damages are proven.

12.3 Monitoring and intervention Decibel sensors can be installed in the apartments to detect excessive noise levels. Communal areas can also be video-monitored around the clock. StayZen may cancel a booking immediately and expel guests if violations are detected. In such cases, there is no entitlement to a refund. The guest shall be entitled to prove that StayZen has suffered no or only minor damage.

12.4 Enforcement of domiciliary rights StayZen reserves the right to use third parties, such as security services, to enforce its domiciliary rights. Costs arising from the intervention of third parties shall be charged to the guest.

13. DAMAGE TO OR UNAUTHORIZED REMOVAL OF THE INVENTORY

13.1 Compensation for damage to or removal of inventory If damage occurs during the stay which goes beyond the contractual use or if inventory is removed without authorization, StayZen shall be entitled to compensation. This includes the costs of repairing the damage, any loss of income due to the apartment not being rented out, legal costs and a processing fee of €50. The guest is entitled to prove that StayZen has incurred no or less damage.

13.2 Sanctions for violations In the event of repeated breaches of the rest periods, we reserve the right to impose a fine of 100 euros. In the event of violations of the ban on parties and gatherings, StayZen reserves the right to demand compensation from the guest for additional cleaning costs and possible loss of income due to unreasonable subletting of the apartment. The claim for damages shall amount to € 500.00 and may be higher if higher damages are proven.

13.3 Monitoring and intervention Decibel sensors can be installed in the apartments to detect excessive noise levels. Common areas can also be video-monitored around the clock. StayZen may cancel a booking immediately and expel guests if violations are detected. In such cases, there is no entitlement to a refund. The guest shall be entitled to prove that StayZen has suffered no or only minor damage.

13.4 Enforcement of domiciliary rights StayZen reserves the right to use third parties, such as security services, to enforce its domiciliary rights. Costs arising from the intervention of third parties shall be charged to the guest. 

14. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

14.1 Compensation for damage to or removal of inventory If damage occurs during the stay which goes beyond the contractual use or if inventory is removed without authorization, StayZen shall be entitled to compensation. This includes the costs of repairing the damage, any loss of income due to the apartment not being rented out, legal costs and a processing fee of €50. The guest is entitled to prove that StayZen has incurred no or less damage.

14.2 Consent to video and photo recordings By making a booking, the guest agrees to video and photo recordings by surveillance cameras. These cameras are located outside the apartment, for example in the hallway or in front of the front door. However, it is prohibited to make video and photo recordings in the private area inside the apartment.

14.3 Use of recordings as evidence The guest agrees that photo and video recordings may be used as evidence in the event of violations of the above guidelines. 

15 MAINTENANCE

15.1 Obligations of the guest The guest undertakes to treat the apartment with care and consideration, to ensure adequate ventilation and heating and to avoid gross soiling. In the event of soiling that goes beyond normal use, StayZen may charge a cleaning fee of at least €50 (depending on the condition).

15.2 Notification of defects The guest is obliged to check the equipment of the apartment for completeness and suitability for use upon moving in and to notify StayZen immediately of any defects.

15.3 Liability of the guest for damage The guest shall be liable for damage to furnishings and rooms which he or his visitors culpably cause and which go beyond normal wear and tear. Damage must be reported to StayZen immediately.

15.4 Intermediate cleaning For bookings of more than 7 nights, StayZen may carry out a weekly intermediate cleaning. The guest must allow access to the apartment for this purpose.

16. INTERNET USE

16.1 Provision of internet access StayZen shall provide the guest with Internet access within the scope of technical and operational possibilities. Disruptions may occur due to force majeure or maintenance work.

16.2 Misuse The guest is prohibited from misusing the internet connection, including illegal downloads, streaming of copyrighted content and the distribution of content relevant under criminal law. The guest shall be liable for any infringements and shall indemnify StayZen against any third-party claims.

16.3 Disclosure of access data The disclosure of access data to third parties or publication is prohibited. In the event of non-compliance, the Guest shall be liable for any resulting damage.

16.4 Blocking in the event of legal violations StayZen reserves the right to block Internet access in the event of legal violations.

17. FINAL PROVISIONS

17.1 Amendments and additions to the contract Amendments, additions or cancellations of the accommodation contract, the acceptance of the application or these General Terms and Conditions shall be made in text form. This shall also apply to the revocation of this text form clause. Unilateral amendments or additions by the guest are invalid.

17.2 Place of performance and payment The place of performance and payment shall be the registered office of the accommodation provider.

17.3 Place of jurisdiction The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodation provider. If a Party fulfills the requirements of Section 38 (2) ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.

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

17.5 Severability clause Should any provision of this contract be invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid/void provision, the parties shall agree on a provision that comes as close as possible to the intended purpose. This also applies to the filling of any gaps in the contract.

17.6 Dispute resolution procedure The accommodation provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.