TERMS & CONDITIONS

GENERAL TERMS AND CONDITIONS - SYLC. APARTMENTHOTEL GMBH (as of April 2023)

1. SCOPE

1.1

These general terms and conditions apply to the contractual relationships regarding the rental of apartments or hotel rooms for accommodation (hereinafter: “apartment”) and of conference, banquet and event rooms for holding events such as banquets, seminars, meetings, etc. (hereinafter: “ Event room” and “event rooms”) as well as all other services and deliveries provided by sylc for the customer in this context (hereinafter: “contract”). Apartmenthotel GmbH (hereinafter: “apartment provider”). They do not apply to package tours within the meaning of Section 651a BGB. The term “accommodation contract” includes and replaces the following terms: guest accommodation, hotel, hotel accommodation, hotel room, accommodation and event contract.

1.2

The subletting or subletting of the apartments and event rooms as well as their use for purposes other than accommodation require the apartment provider's prior consent in text form, whereby the right to termination is waived in accordance with Section 540 Paragraph 1 Sentence 2 BGB.

1.3

The customer's general terms and conditions only apply if this has been expressly agreed in writing.

2. CONCLUSION OF CONTRACT, PARTNER

The contractual partners are the apartment provider and the customer. The accommodation contract is concluded when the apartment provider accepts the customer's application. In the case of booking via the apartment provider's homepage, the contract is concluded by clicking on the “Book bindingly” button.

3. SERVICES, PRICES, PAYMENT, SET-OFF

3.1

The apartment provider is obliged to provide an apartment of the apartment category booked by the customer or the event room booked by the customer and to provide the agreed services.

3.2

The customer is obliged to pay the apartment provider's agreed or applicable prices for the apartment or event room rental and the other services used by him. This also applies to services ordered by the customer directly or through the apartment provider, which are provided by third parties and paid for by the apartment provider.

3.3

The agreed prices include taxes and local charges applicable at the time the contract is concluded. Local taxes that are owed by the customer according to local law, such as tourist tax, are not included. If there is a change in the statutory sales tax or the introduction, change or abolition of local taxes on the subject of the service after the contract has been concluded, the prices will be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion of the contract and fulfillment of the contract exceeds four months.

3.4

If payment by invoice has been agreed, payment must be made without deductions within ten days of receipt of the invoice, unless otherwise agreed.

3.5

The apartment provider is entitled to demand an appropriate advance payment or security, for example in the form of a credit card guarantee, from the customer upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer defaults on payment, the statutory regulations apply.

3.6

In justified cases, for example the customer's payment arrears or an extension of the scope of the contract, the apartment provider is entitled to make an advance payment or security deposit within the meaning of Section 3.5 above, even after the contract has been concluded, up to the start of the stay, or to increase the advance payment or security deposit agreed in the contract up to the full amount agreed to demand remuneration.

3.7

The apartment provider is also entitled, at the beginning and during the stay, to demand an appropriate advance payment or security deposit from the customer within the meaning of Section 3.5 above for existing and future claims arising from the contract, unless such payment has already been made in accordance with Section 3.5 and/or Section 3.6 above became.

3.8

The customer can only set off or set off an undisputed or legally established claim against a claim of the apartment provider.

3.9

The customer agrees that the invoice can be sent to him electronically.

4. WITHDRAWAL/TERMINATION (“CANCELATION”) BY THE CUSTOMER/FAILURE TO USE THE SERVICES OF THE APARTMENT PROVIDER (“NO SHOW”)

4.1

A unilateral solution by the customer to the contract concluded with the apartment provider is only possible if a right of withdrawal was expressly agreed in the contract or a statutory right of withdrawal or termination exists.

4.2

If a date for free withdrawal from the contract has been agreed between the apartment provider and the customer, the customer can withdraw from the contract until then without triggering any claims for payment or damages from the apartment provider. The customer's right of withdrawal expires if he does not exercise this right to the apartment provider in text form by the agreed date.

4.3

If a right of withdrawal has not been agreed or has already expired and there is no statutory right of withdrawal or termination, the apartment provider retains the right to the agreed remuneration despite non-use of the service. The apartment provider must take into account the income from renting the apartment or event room elsewhere as well as the expenses saved. If the apartment or event room is not rented to someone else, the apartment provider can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for overnight accommodation with or without breakfast or for the use of the event room as well as for all-inclusive arrangements with third-party services. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.

4.4

If the customer does not arrive without prior cancellation on the part of the customer, the apartment provider is entitled to charge the full invoice amount (100%) for at least the first night. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount.

5. WITHDRAWAL OF THE APARTMENT PROVIDER

5.1

If it has been agreed that the customer can withdraw from the contract free of charge within a certain period of time, the apartment provider is entitled to withdraw from the contract during this period if there are inquiries from other customers about the contractually booked apartment or event room and the customer responds to the apartment provider's query does not waive his right to withdraw by setting a reasonable deadline. This applies accordingly if an option is granted if there are other requests and the customer is not prepared to make a firm booking when asked by the apartment provider with a reasonable deadline.

5.2

If an advance payment or security deposit agreed or requested in accordance with Section 3.5 and/or Section 3.6 is not made even after a reasonable grace period set by the apartment provider has expired, the apartment provider is also entitled to withdraw from the contract.

5.3

Furthermore, the apartment provider is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if:

• force majeure or other circumstances for which the apartment provider is not responsible make it impossible to fulfill the contract; an apartment or event room/apartments or event rooms are culpably booked with misleading or false information or with the concealment of essential facts; The identity of the customer, the ability to pay or the purpose of the stay may be essential; the apartment provider has reasonable grounds to believe that the use of the service may endanger the smooth business operations, the security or the public reputation of the apartment provider, without this being the case is within the control or organizational area of the apartment provider; the purpose or reason for the stay is unlawful; there is a violation of the above-mentioned section 1.2.

5.4

The justified withdrawal of the apartment provider does not give rise to a customer's right to compensation. If the apartment provider has a claim for damages against the customer in the event of a withdrawal in accordance with paragraphs 5.2 or 5.3 above, the apartment provider can claim this at a flat rate. Section 4.3 applies accordingly in this case.

6. APARTMENT PROVISION, DELIVERY AND RETURN

6.1

The customer does not acquire any right to the provision of a specific apartment unless this has been expressly agreed in text form.

6.2

The booked apartment is available to the customer from 3:00 p.m. on the agreed arrival day. The customer has no right to earlier availability.

6.3

On the agreed departure day, the apartment must be cleared and made available to the apartment provider by 11:00 a.m. at the latest. Thereafter, due to the late vacating of the apartment, the apartment provider can charge 50% of the full accommodation price (price according to the price list) for its use beyond the contract until 4:00 p.m., and 90% from 4:00 p.m. This does not justify the customer's contractual claims. He is free to prove that the apartment provider has no or a significantly lower claim to usage fees.

7. NO SMOKING, PETS

7.1

The apartment provider only operates non-smoking apartments and event rooms. Appropriate signs have been placed in the apartments and event rooms. Information can also be found in the virtual guest directory, on all apartment provider websites and in the apartment information pages of the booking portals through which the apartment or event room can be booked. If a customer violates the smoking ban, the apartment provider is entitled to charge a fine of 250 euros for basic cleaning. This fine is due immediately. The apartment provider is entitled to impose an immediate ban on entry. In this case, the customer is not entitled to compensation.

7.2

Pets may only be brought with the apartment provider's prior written consent and against payment.

8. LIABILITY OF THE APARTMENT PROVIDER

8.1

The apartment provider is liable for damages resulting from injury to life, body or health for which it is responsible. Furthermore, he is liable for other damages that are based on an intentional or grossly negligent breach of duty by the apartment provider or on an intentional or negligent violation of the apartment provider's typical contractual obligations. Typical contractual obligations are those obligations that make the proper execution of the contract possible and on whose fulfillment the customer trusts and may rely. A breach of duty by the apartment provider is equivalent to that of a legal representative or vicarious agent. Further claims for damages are excluded, unless otherwise regulated in this Section 8. If disruptions or deficiencies occur in the apartment provider's services, the apartment provider will endeavor to remedy the situation upon becoming aware of it or upon immediate notification from the customer. The customer is obliged to do what is reasonable for him to remedy the disruption and keep any possible damage to a minimum.

8.2

The apartment provider is liable to the customer for items brought in in accordance with the statutory provisions. The apartment provider recommends using the apartment safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the apartment provider.

8.3

If the customer is provided with a parking space in the apartment provider's garage or parking lot, even for a fee, this does not constitute a storage contract. If motor vehicles parked or maneuvered on the apartment provider's property and their contents are lost or damaged, the apartment provider is only liable in accordance with the provisions of Section 8.1, sentences 1 to 1 above

4.

8.4

Wake-up calls are carried out with the greatest care by the apartment provider. Messages for customers are handled with care. After prior agreement with the customer, the apartment provider can accept, store and - if requested - forward mail and consignments of goods for a fee. The apartment provider is only liable in accordance with Section 8.1, sentences 1 to 4 above.

9. OPTIONAL BOOKABLE SERVICES

If the apartment provider offers breakfast as an optionally bookable service, the customer is not authorized to eat, serve or even offer the food they have brought with them to other customers in the breakfast room. Exceptions are foods or nutritional supplements that are specifically tailored to the customer and that they have to consume as part of a diet, food intolerance or allergy. The consumption of these foods and nutritional supplements must be agreed with the apartment provider in advance. Taking food and drinks from the breakfast restaurant is not permitted.

10. FINAL PROVISIONS

10.1

Changes and additions to the contract, the acceptance of the application or these general terms and conditions should be made in text form. Unilateral changes or additions are invalid.

10.2

If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction is 22525 Hamburg. The apartment provider can choose to sue the customer at the customer's headquarters. The same applies to customers who do not fall under sentence 1 if they are not based or resident in an EU member state.

10.3

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

10.4

In accordance with the legal obligation, the apartment provider points out that the European Union has set up an online platform for the out-of-court settlement of consumer disputes (“OS platform”): http://ec.europa.eu/consumers/odr/. However, the apartment provider does not take part in dispute resolution procedures before consumer arbitration boards.