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MAX – LODGING GBTs
General Terms and Conditions
1.1 Customer: A customer is a natural or legal person or company in the name of which a reservation is made.
1.2 Guest: A guest is the person who uses the ceded apartment. Hereinafter referred to as "guest" or "tenant".
1.3 Provider: The landlord or provider is Max Lodging (proprietor: Alexandra Griesinger).
1.4 Apartment: The property rented to the customer or guest in exchange for a fee. Hereinafter also referred to "flat".
2.1 The General Terms and Conditions apply for all contracts for the rental of furnished apartments for purposes of accommodation, as well as for all other services performed by the provider.
2.2 The apartments ceded may not be used for purposes of subletting or re-letting. Furthermore, use for purposes other than accommodation is permissible only upon the prior written consent of the provider.
2.3 Provisions at variance with this shall not apply in the absence of express, written recognition on the part of the provider.
2.4 The General Terms and Conditions of the customer or guest shall not apply in any way whatsoever.
3. Conclusion of contract
3.1 Up on acceptance of application the contract for accommodations is deemed concluded if the provider confirms the customer's reservation request in writing, via post, e-mail and/or fax, thereby accepting the reservation (acceptance of application). Usually this occurs following timely receipt of payment in one of the provider's accounts.
3.2 Reservation by third-parties The parties to the contract are the provider and the guest. If a third party has placed an order on the guest's behalf, then that third party and the guest shall be jointly and severally liable for all obligations arising out of this contract. Regardless of this, every ordering party must pass along to the guest all information relevant to a reservation, and in particular the General Terms and Conditions.
3.3 Accuracy of the contract: The guest has the obligation to review the reservation confirmation for accuracy. If the substance of a reservation confirmation is at variance with the reservation request, and if the guest does not object to the difference within 48 hours' time, then the content of the reservation confirmation shall be deemed contractually agreed.
3.4 The guest agrees to receive an invitation to submit a review of his or her stay; the invitation will be issued either by authorized third parties, or directly by the provider.
4.1 The provider shall have an obligation to keep the apartment available as booked by the guest, or to provide a replacement of the same value together with the services as agreed. The provider guarantees delivery of the expressly promised features, but not for the subjective quality of the furnishings (e.g. location, etc.)
4.2 The guest shall be required to pay the provider's prices as applicable and agreed for provision of the apartment and for any additional services of which the guest avails him- or herself. This shall also apply to such services and outlays as have been brought about by the guest and delivered and made by the provider to third parties.
4.3 Additional services such as final cleaning, sofabed, etc., are not included in the rental price for the apartment and payable in advance with the rent. 4.4 The prices and the services as agreed are set forth in the reservation confirmation. Supplemental hereto, the provider has reference to the description of the services and services as found on its website, www.max-lodging.com. 4.5 All prices include value-added tax as applicable to the period of the trip. If the value-added tax rate should change during the period of travel, this shall be assessed on a pro rata temporis basis for the time period in question. The guest will receive a proper receipt.
4.6 The guest shall be obliged to provide truthful information about the number of persons staying in the apartment. The apartment shall be available for no more than the number of people identified in the reservation confirmation. Occupancy by a number of people in excess of this shall be subject to the prior written consent of the provider. In this case, the price for provision of the apartment shall increase to the price generally charged by the provider for occupancy of this level. This can be found on the website or on the individual offer received from the provider.
4.7 Max Lodging may require a reasonable advance payment or guarantee (= deposit) upon conclusion of contract.
5. Reservation and payment
5.1 If the customer reserves the apartment over the telephone or in writing, he or she shall receive a written reservation confirmation. Upon receipt, the customer shall review this reservation confirmation for accuracy.
5.2 The reservation can also be made using the 24-hour self-service check-in kiosk at the entrance to the building. Here, the guest receives an access card for the building and the reserved apartment.
5.3 When reservations are made by telephone: Payment for the apartment and any additional services shall fall due upon arrival at the latest. For stays of over 4 weeks, partial payments shall fall due at the end of the current month for the following month, with payment made in cash, by debit card or by credit card (MasterCard or Visa plus 3% additional charge).
5.4 The customer or guest shall be liable for failure to appear without early cancellation. Cancellation costs shall be assessed in the amount of 100% (no-show).
5.5 The guest expressly consents to the provider's invoicing the guest or customer for any arrears of rents for apartments, garages or other services remaining unpaid by the departure date. The guest or customer agrees to pay the full amount invoiced without delay.
5.6 Arrears in payment shall entitle the provider to refuse further performance of services under the contract that is potentially still in effect, and to cancel contracts for future services. In addition, the provider shall be entitled to charge for such damages as result herefrom. In such cases, the provider shall have the right to terminate the current contract with immediate effect, and to refuse access to the premises. 5.8 The location of the business shall be the place of fulfilment for all payment obligations.
5.7 Refunds of payments for services invoiced and not used by the guest are not possible.
6. Arrival and departure, handover of keys, delayed vacancy, extension of several days
6.1 The apartment will be available for occupancy beginning at 3:00 p.m. on the arrival date. Earlier occupancy can be provided only if expressly agreed with the provider in advance.
6.2 Upon arrival, the guest shall be obliged to provide the seller with his or her valid identity card or passport for registration purposes.
6.3 The apartment must be vacated by no later than 10:00 a.m. on the date of departure. Access authorisation shall expire after this time. Requests for extensions must be submitted to the provider no later than 48 hours prior to this deadline. The opening hours of the front desk must be taken into account here. Activation shall be only subject to and following payment in advance. A flat rate of EUR 25 shall be assessed per hour of extension (up to no later than 1:00 p.m.). An extension beyond this point will not be possible. For use of the apartment beyond this time on the departure day, a complete daily rate PLUS a surcharge of 25% of the daily rate for the apartment will be charged for each additional day. Extensions are possible only subject to availability.
6.4 The apartment must be returned in its original condition upon arrival. The guest shall be liable to the provider for such damage, and for such excessive soiling in and to the apartment, as is the guest's responsibility, or the responsibility of another person travelling in the guest's party.
6.5 Upon leaving the apartment on the departure date, ... - all windows must be closed - all electronic devices except the refrigerator must be shut off - all keys/room cards must be returned to the front desk or dropped in the box provided for the purpose. - the apartment door(s) and building door completely pulled shut
6.6 The lease may be extended by (a) further day(s), subject to availability. 6.7 Any such extension shall be permitted only upon successful re-reservation and payment. A move to another apartment may be required. If a rental-period extension is for a different apartment category, a corresponding move shall be compulsory.
7.1 The guest reserves the apartment for temporary use. Any touristic use or stay for medical purposes is prohibited.
7.2 Any subletting or other transfer of use of the apartment to parties other than those identified in the reservation confirmation and the registration form is hereby prohibited.
7.3 The guest shall leave the apartment and the interior therein in a clean and proper condition.
7.4 Pets are not permitted for reasons of hygiene.
7.5 All apartments are non-smoking apartments. If smoking nevertheless occurs in an apartment, an an additional flat-rate cleaning fee of at least EUR 500.00 will be charged. Smoking is only permitted balconies and terraces. Appropriate containers for disposal must be used.
7.6 Each guest is obliged to comply with the rules of the house. These rules are part of the GBTs and are available at the office. Night-time quiet is in effect from 10:00 p.m. until 7:00 a.m. During this time, special consideration should be given to one's neighbours, including in building entrances and stairways. To avoid disturbances, TV and audio devices shall always be set to room-level volumes.
7.7 If force majeure or strike should prevent the provider from performing its services, no liability for damages shall derive from this. The provider shall, however, have an obligation to provide the guest with services of equal value elsewhere.
7.8 Insofar as the provider procures services or technical or other equipment from third parties for the guest, the provider does so on behalf of and for the account of the guest. The guest shall be liable for the careful handling and proper return of the facility and exempts the provider from all third-party claims arising out of the provision of this facility/these facilities.
7.9 The provider and/or its designees shall have a right of access to the apartment at all times, particularly in the event of imminent danger. Due consideration shall be given to the guest's legitimate interests in the exercise of the right of access. The supplier will inform the customer in advance about the exercise of the right of access, unless this is not reasonable or possible given the circumstances of the individual case. Cleaning and service personnel shall be granted access to the apartment during ordinary working hours and times of day for purposes of cleaning and repairs.
7.10 The provider will electronically store personal data it has registered about the guest. These data shall not be disclosed to third parties unless it is required for execution of the contract.
8. Termination by the provider
8.2 If an agreed advance payment is not made on time, the provider shall be entitled to rescind the contract.
8.3 The Provider shall be entitled to extraordinary rescission of the contract for justifiable cause, e.g. in the event that
• force majeure or other circumstances beyond the provider's control render fulfilment of the contract impossible;
• apartments are reserved with misleading or false information regarding material facts, such as the identity of the customer or the purpose of the rental;
• the provider has a reasonable cause to believe that the use of the services might jeopardize the smooth operation of its business, or the safety or the public reputation of the facility, in ways not attributable to the provider's own management or organisation;
• there is a breach of these General Terms and Conditions.
8.4 Justified withdrawal from the contract on the part of the provider shall not give rise to any claims for damages on the part of the customer. Claims for damages pressed by the provider shall be governed by the applicable provisions of law.
8.5 If one of the aforementioned conditions should occur, the provider shall be entitled to block the room card with immediate effect.
9. Cancellation by the customer
9.1 Cancellation by the customer of the contract concluded with the provider shall be subject to the provider's written consent. In the absence of this consent, then the price agreed under the contract shall fall due for payment even if the customer does not avail itself of the services for which the contract was concluded. This shall not apply in cases of arrears of performance by the provider or in the case of impossibility of performance for which the provider is responsible.
9.2 The guest can withdraw from the contract without incurring claims for payment or for compensation of damages only if this permission for withdrawal by a certain date has been agreed in writing.The right of withdrawal expires if not executed by the agreed date, provided however, that the provider is not in default of acceptance of is solely or very predominantly responsible for the impossibility of this performance. the withdrawal must be made in writing.
9.3 The cancellation fees are graded as follows:
In case of cancellation till 4 weeks before arrival: free of charge
In case of cancellation 3 weeks before arrival: 25% of the rent of the 1. month
In case of cancellation 2 weeks before arrival: 50% of the rent of the 1. month
In case of cancellation 1 week before arrival: 75% of the rent of the 1. month
Cancellation fees in case of earlier departure:
In case of cancellation upto 4 weeks before departure: free of charge
In case of cancellation 3 weeks before departure:
25% of the rent for the first not used 30 nights
In case of cancellation 2 weeks before departure:
50% of the rent for the first not used 30 nights
In case of cancellation 1 week before departure:
75% of the rent for the first not used 30 nights
In case of cancellation less than 1 week before departure:
90% of the rent for the first not used 30 nights
10. Liability and maintenance
10.1 A complete inventory list, signed by the cleaning staff, is placed in each apartment. If there is damage to the inventory, or if objects listed are missing, this must be reported to the provider at once.
10.2 Damage that occurs during the stay must also be brought to the provider's attention at once.
10.3 The guest shall be liable to the provider for any damage brought about as a result violation of the guest's duties of care and notification. This shall apply in particular to insufficient cleaning, constant ventilation in winter temperatures, or humidity damage caused by rain or snow open windows.
10.4 Since the rented property is a passive house, the guest hereby consents to see to it that windows do not remain open for constant ventilation during the winter months.
10.5 The guest is responsible for completely closing all windows and balcony doors from the inside when leaving the apartment. The guest shall be liable in full for any damage owing to weather conditions, burglary or vandalism. This shall also include any claims for compensation on the part of the provider.
10.6 When leaving the apartment, the guest shall be responsible for ensuring that all electrical appliances are switched off and, where appropriate, disconnected from the mains. (except the refrigerator) Electronic appliances brought by the guest must comply with the current safety standards and may be used in compliance with the general duty of care.
10.7 Inventory, fixtures and decorations may not be removed from the apartment. The guest is not permitted to affix decorations of his or her own. The guest shall be liable for damages in the event of non-compliance.
10.8 For purposes of access to the building and to the rented apartment, upon handover/check-in the guest shall receive an electronic key card; this key card shall be returned to the provider upon moving out/the end of the rental period. In the event of loss of or damage to the room card, and in case of opening of the apartment by Max Lodging staff off peak the office hours due to card loss by inhabitant the provider reserves the right to charge a fee of EUR 20 euros per card.
10.9 The supplier shall be liable for the accuracy of the service description, and for the proper provision of the services as agreed.
10.10 Costs of small maintenance work during stay are charged to the customer up to an amount of 75,00 €, if the damage was directly caused by the guest or inhabitant. The obligation for payment only exists up to an amount of 7,5% of total rent (in case of a rental time less than 1 year) resp. the rental for 1 year (in case rental time is longer than 1 year)
11. Shared use of community facilities
11.1 Washing machines and dryers are available, in commons rooms located in the the cellar, for use by the guest in exchange for a fee. Use of the equipment is at the guest's own risk.
11.2 The appliances made available by the provider must be treated gently and with care.
11.3 Faults with the appliances, or damage to the property, must be brought to the provider's attention at once.
12.1 An Internet connection (LAN and/or Wi-Fi) is available in each apartment.
12.2 The provider assumes no liability in the event that connection to the Internet is rendered impossible due to an overload of the grid or a disruption of the connection. Max Lodging also assumes no liability for surfing speed.
12.3 The user may a login screen to register for Internet usage throughout the rental period that has been booked. Log-in permission shall be in effect only during the rental period. It is forbidden to disclose the access data to third parties who are not involved in the contract.
12.4 The guest shall see to it that the Internet is used only in the context of the legal framework conditions. Criminal offences (e.g. illegal downloads of music or video material, etc.) will be reported to the authorities and prosecuted. The guest alone shall be liable for illicit use of the Internet connection and for the costs the guest has caused.
12.5 The provider provides an Internet connection and nothing more. Devices such as laptops or the like are to be procured by the guest. The guest him- or herself shall bring appropriate cables for use of LAN.
13. Special instructions
13.1 To ensure reliable delivery of post, the guest is asked to be sure to provide his or her apartment number to the letter or parcel delivery service.
13.2 The provider is not liable for money and valuables. There are room safes available that can be locked and unlocked with a combination code programmed by the guest.
13.3 If the guest has forgotten the code, requiring emergency opening of the safe as a result, the guest shall be liable for any costs which result.
13.4 All manner of information is provided to the best of the knowledge of the party providing it, yet without any warranty.
13.5 No liability is assumed for lost property or for items left behind. They will be sent on to the guest only at the guest's request and expense.
13.6 If a service is not provided, according to contract and/or is not provided with due diligence, the guest may insist upon revisions.
13.7 The guest may insist upon a reduction in price reflective of the diminished services (reduction) if, after repeated requests for remedy, the services are not performed, or are not performed in a manner consistent with the contract. In the event of any disruptions in service that may occur, the guest shall be obliged to take all reasonable steps to contribute to a resolution of the underperformance, and to keep minimise the resulting damage. Specifically, the tenant shall have an obligation to bring his or her complaints to the provider's attention without delay. If the guest fails to fulfil this obligation, he or she thus forfeits a claim to reduction. Complaints made at a later date cannot be considered.
13.8 In the event of excessive soiling of the apartment, the provider shall be entitled to charge the guest cleaning costs in excess of the normal amount.
13.9 Damage claims for faulty or missed wake-up calls via the systems provided by the provider are hereby precluded.
13.10 The dimensions indicated in the apartment descriptions are approximations. In some cases, they may vary within a particular category.
14. Place of jurisdiction and applicable law
14.1 Amendments or supplements to the contract, to the acceptance of application or to these General Terms and Conditions, must be executed in writing. Oral agreements, unilateral amendments or supplements by one of the involved parties shall be deemed invalid.
14.2 The place of fulfilment and of payment is hereby specified as Munich, Germany.
14.3 The contract shall be governed exclusively by the laws of the Federal Republic of Germany.
14.4 The exclusive place of jurisdiction is hereby specified as Munich, Germany.
15. Escape clause
15.1 In the event that individual provisions of this Agreement should be invalid or impossible to carry out, or if, subsequent to conclusion of this Agreement, they should become invalid or impossible to carry out, this fact shall be of no consequence as concerns the validity of the remainder of this Agreement.
15.2 In the event, the provision(s) that is/are invalid or impossible to carry out shall be replaced by (a) provision(s) that is/are valid and can be carried out, and the impact of which comes closest to fulfilling the economic objectives that the Parties to this Agreement sought to fulfil by virtue of the provision(s) found invalid or impossible to carry out. The above provisions shall apply accordingly in the event that the Agreement proves to contain one or more loopholes.