General Terms and Conditions of LikeDaheim Serviced Apartment, Enes Kasumovic

1 Scope

1. These terms and conditions apply to all contracts for the rental of furnished apartments for accommodation as well as to all related, for the customer or client (hereinafter collectively “customer”) provided, other services and supplies of LikeDaheim Serviced Apartment/Enes Kasumovic (hereinafter briefly “operator”).

2. Services are provided exclusively on the basis of these General Terms and Conditions; we do not recognize any General Terms and Conditions of the customer that conflict with or deviate from ours, unless we have expressly agreed to their validity.

3. The operator may also provide its services through third parties.

2 Conclusion of Contract, Contractual Partner, Subletting and Reletting

1. The respective contract (e.g. for the paid use of the serviced apartment, additional services booked in advance or on site, etc.) is concluded after the customer’s oral, telephone, written or online application by acceptance of the operator. The operator is free to accept the application in writing, in text form (e-mail, fax) or conclusively by providing the service.

2. If the content of the reservation confirmation deviates from the content of the customer’s application, the deviating content of the reservation confirmation becomes binding for the customer and the operator if the customer does not object in writing within one week after its receipt. If the stay begins before the expiration of the one-week period, the deviating content of the reservation confirmation becomes binding for the customer and the operator upon taking over the apartment.

3. Contractual partners are exclusively the customer and the operator. If a third party has booked for the customer, e.g. an agent or a company for its employees that does not want to become a contractual partner itself, it is liable to the operator together with the customer for all obligations arising from the contract as joint and several debtors. Irrespective of this, each customer is obliged to pass on to the guest all information relevant to the booking, in particular these General Terms and Conditions of the Boardinghouse.

4. A booking can be made for a maximum of 6 months (including any contract extension). A tacit extension through continued use does not take place.

5. Price increases for contract extensions/new bookings remain reserved.

3 Services, prices, payment modalities

1. The operator is obliged to keep the apartment booked by the customer or an equivalent apartment ready and to provide the agreed services.

2. The customer is obliged to pay the agreed or usual prices of the boardinghouse for the apartment and the other services used by him. If a concrete price agreement cannot be determined, the prices applicable in the Boardinghouse at the respective time of the service provision shall be deemed agreed (fiction of the remuneration amount). Services and expenses of the operator to third parties initiated by the customer shall also be invoiced by the operator to the customer.

3. The agreed prices include the respective statutory value added tax. Any increases after conclusion of the contract shall be borne by the customer. If there are more than three months between the conclusion of the contract and the arrival and the prices applicable to the boarding house have increased, the operator can increase the contractually agreed prices appropriately, but by a maximum of 10%. Subsequent changes to the services can lead to a corresponding price adjustment according to the prices applicable to the Boardinghouse for the additional part of the service.

4. The accommodation price is a flat rate and basically includes all incidental expenses. The operator reserves the right to make a subsequent calculation with the customer in case of unreasonably high consumption values. The prices do not include any public charges such as visitor’s tax, cultural promotion tax (so-called “bed tax”), etc. The respective amounts will be invoiced separately to the customer.

5. The agreed remuneration is to be paid monthly in advance by the 1st working day of a month to the account of the operator specified in the rental agreement for a rental period of one month or more. Otherwise, invoices of the operator without due date are payable immediately upon receipt of the invoice without deduction. The operator is entitled to make accrued claims due at any time and to demand immediate payment. In the event of late payment, the Operator is entitled to charge interest on arrears in the amount of 8% or, in the case of transactions involving a consumer, in the amount of 5%, above the base interest rate. The operator expressly reserves the right to prove higher damages.

6. Reminder costs in the amount of 10.00 Euro shall be charged for each reminder after default has occurred. The customer is free to prove that these have not been incurred or have not been incurred in the amount demanded.

7. The operator is entitled to demand a reasonable advance payment and/or security deposit upon conclusion of the contract or thereafter. The amount of the advance payment and payment dates can be agreed in writing in the contract. The security deposit can also be made by providing credit card details. In this case, the operator is entitled to collect the respective agreed remuneration by credit card if payment dates are not met.

8. The customer may only set off claims against the operator that are undisputed, legally established or ready for decision. If the customer is an entrepreneur, he can only reduce the rent if the right to reduce the rent is undisputed or legally established.

9. If the customer has provided security by making credit card data available, the operator is also entitled to collect the ancillary services used by the customer, such as special cleaning or mini bar filling, via the customer’s credit card after issuing the corresponding invoice.

4 Smoking ban, keeping animals

1. The apartments are non-smoking apartments. Therefore, smoking is prohibited in all premises. In case of violation, the operator is entitled to termination without notice. In addition, the operator may, if necessary, charge costs of a special final cleaning in case of nicotine odor in the apartment in the amount of € 500,00. The customer is free to prove that no or significantly less damage has occurred. Further claims for damages of the operator remain unaffected.

2. Animals may be brought by the guest only in exceptional cases with the prior consent of the operator and against payment of a surcharge. There is no right to the consent of the operator.

5 Provision, handover and return

1. Unless otherwise agreed, the customer is entitled to the provision of an apartment of the booked category. He has no right to the provision of a particular apartment.

2. Booked apartments are available to the customer from 15:00 on the agreed day of arrival. The customer has no right to earlier provision.

3. A handover protocol will be prepared upon handover. In the case of handover without a person (e.g. with the help of a key/card machine), a handover protocol, in which the actual condition of the serviced apartment as well as the inventory present therein are documented, shall be made available to the customer by the operator by depositing it in a clearly visible place in the apartment or sending it by e-mail. In this case, the customer must immediately, but no later than within 36 hours in writing or in text form (e-mail, fax) to the operator corresponding objections to the accuracy of the handover protocol. Otherwise, the handover protocol shall be deemed approved.

4. On the agreed day of departure, the apartment is to be made available vacated no later than 11:00 am. Thereafter, the operator may charge 50% of the daily price for the apartment due to the late return, provided that the evacuation takes place by 18:00. If the apartment is vacated after 6:00 p.m., the entire daily rate for the following day may be charged. Contractual claims of the customer are not justified by this. The customer is free to prove that the operator has not incurred any damage or that the damage is significantly lower.

5. The return of the apartment must be in the same condition as the customer found it.

6. On departure are further:

  • remove all personal belongings from the apartment
  • to dispose of food brought
  • close all windows
  • turn off all electrical appliances (except the refrigerator)
  • to dispose of all garbage in the garbage cans provided for this purpose
  • return all keys/cards and/or other access and access means provided
  • to provide in full all additional services that may have been booked.

7. The final cleaning will be carried out by the operator and only in the case of exceptionally heavy soiling with additional cleaning costs incurred within the framework of a special cleaning will be additionally charged to the customer. This also applies to excessive soiling detected during the customer’s stay. Claims for damages beyond this due to excessive soiling remain reserved.

8. Upon return, a return protocol is prepared in which the existing damages and any missing inventory are to be recorded. In case of return without a person (e.g. with the help of a key/card machine), the operator shall prepare the return protocol after inspection of the serviced apartment. Any discrepancies between the handover and return protocol are to be reported by the operator immediately, but no later than within 48 hours. Otherwise, the condition and the existing inventory shall be deemed approved.

9. Any damage in or to the serviced apartment, damage or lack of inventory or damage to the common areas and/or their facilities will be charged to the credit card provided by the customer at the time of booking. In case of granting alternative payment methods and providing otherwise agreed security, corresponding damages and inventory shortages will be charged against this security, if not previously claimed. Any damages in excess of the credit type limit available to the customer or in excess of the security otherwise provided will be billed separately to the customer and, if already recognized upon departure during the handover, will be settled with the final invoice.

6 Withdrawal and cancellation

1. Unless otherwise agreed, the following cancellation conditions apply to the customer:

Deadlines Cancellation fee (% of the original total offer)
Until 30 days before the arrival date free of charge
29-10 days before the day of arrival 50%
9-2 days before the arrival day 80%
1 day before arrival & on arrival day 100%

2. Cancellation must be made in writing (by e-mail, letter, fax) to the operator.

3. If a date for withdrawal from the contract free of charge has been agreed in writing between the operator and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims against the operator.The customer’s right of withdrawal expires if he does not exercise his right of withdrawal in writing to the operator by the agreed date.

4. If a cost-free right of withdrawal of the customer within a certain period was agreed in writing, the operator is also entitled for his part to withdraw from the contract in this period if there are requests from other customers for contractually booked apartments and the customer does not waive his right to withdraw upon inquiry by the operator.

5. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by the operator has expired, the operator is entitled to withdraw from the contract. In this case, the customer must pay the operator cancellation fees and processing fees in accordance with § 6 number 2.

6. In addition, the operator is entitled to withdraw from the contract extraordinarily for an objectively justified reason, for example if

  • force majeure or other circumstances beyond the operator’s control make it impossible to fulfill the contract;
  • Apartments are booked under misleading or false statements of facts essential to the contract, for example, those that lie in the person of the customer or the purpose;
  • the operator has reasonable grounds to believe that the use of the booked apartments may endanger the peace of the house, the safety or the reputation of the operator and the facility in public, without this being attributable to the control or organizational sphere of the operator.

7 Loss of or damage to items brought to the event

1. Carried items are at the risk of the customer in the rented apartment. The operator assumes no liability for loss, destruction or damage, including financial losses, except in cases of gross negligence or intent on his part. Excluded from this are damages resulting from injury to life, body or health. In addition, all cases in which the custody represents an essential contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.

8 Treatment of the serviced apartments

1. For the serviced apartment, the guest will receive a house/door key or card upon move-in, as well as any other means of access and entry, which must be returned to the operator upon departure.

2. The customer must treat the serviced apartment as well as the common rooms and facilities with care and consideration.

3. The inventory of the serviced apartments may not be removed. It is forbidden to place decorative objects on the walls.

4. The customer is liable to the operator for damages caused by violation of the duty of care and notification incumbent upon him, in particular also if the rooms are insufficiently ventilated, cleaned, heated or not sufficiently protected against frost.

9 Technical equipment and connections

1. The use of the customer’s own electrical equipment using the electricity network of the apartment requires the written consent of the operator, insofar as these are not items of normal daily use. Malfunctions or damage to the technical equipment of the Boardinghouse caused by the use of these devices of the customer shall be borne by the customer, insofar as the operator is not responsible for them.

2. Internet use is at the customer’s own risk. The customer is responsible and liable to pay the costs for the data transmitted via the Internet, the services used and the legal transactions carried out via the Internet. When using the Internet, the customer undertakes to comply with the applicable law and, in particular, not to retrieve or disseminate any immoral or illegal content, not to unlawfully reproduce, disseminate or make accessible any copyrighted goods, to comply with the applicable regulations for the protection of minors, not to use any harassing, defamatory, threatening or offensive material, to send or distribute any harassing, defamatory, threatening or otherwise illegal content, not to use the Internet access to send mass or chain messages (“spam”) and/or other forms of inadmissible advertising and, moreover, to refrain from anything at all that could expose the Customer and/or the Operator to liability claims by third parties. Accordingly, the customer indemnifies the operator from all damages and claims of third parties that are based on an illegal use of the Internet and/or a violation of applicable law. This indemnity claim also includes all costs and expenses incurred by the operator due to judicial or extrajudicial claims and defense against claims.

3. Malfunctions in technical or other equipment provided by the operator will be remedied immediately if possible. Payments may not be withheld or reduced insofar as the operator is not responsible for these disruptions.

10 Access to the apartment

1. The operator, its representatives or authorized agents are entitled to enter the serviced apartment at any time within the scope of the additional services booked by the customer (e.g. cleaning, bed and towel change, shopping service, etc.). As a rule, services are provided within the scope of the service times agreed in advance with the customer. If service times cannot be adhered to in individual cases, the service is to be provided with the greatest possible consideration for the guest (e.g. announcing entry by knocking, carefully making sure that the guest is not disturbed, etc.). There is no entitlement to the provision of services at a certain time of day.

2. In case of danger, the operator, his representatives or authorized agents are allowed access at any time of the day or night.

3. In all other respects, the Operator, its agents or authorized representatives are entitled to enter the Serviced Apartment for the purpose of inspection and testing after prior notification.

4. If the customer is absent for more than 2 weeks, he/she must close all water inlets and leave the key/card with the operator.

11 Liability of the customer for damages

5. If the customer is an entrepreneur, he is liable for all damages to the building or inventory caused by visitors, employees or other third parties from his area or himself.

6. Upon handover of the apartment, the guest will be provided with an inventory list, which he must countersign. The cost of the items no longer present at the time of vacating the apartment shall be reimbursed by the customer at the current value.

7. The operator may require the customer to provide appropriate security (e.g. deposits). The security can also be provided by making credit card data available. In this case, the operator is entitled to collect the costs for the removal of damage to the apartment culpably caused by the customer or any roommates or visitors via the customer’s credit card. The costs for the removal of the damages will be determined by the operator beforehand by obtaining a cost estimate from a craftsman-specialized company.

8. The customer is obligated to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum.

12 Liability of the operator

1. The operator is liable with the care of a prudent businessman for their obligations under the contract. Claims of the customer for damages are excluded. Excluded from this are damages from injury to life, body or health, if the operator is responsible for the breach of duty, other damages based on an intentional or grossly negligent breach of duty by the operator, and damages based on an intentional or negligent breach of material contractual obligations of the operator. A breach of duty by the operator is equivalent to a breach of duty by a legal representative or vicarious agent. In the event of disruptions or deficiencies in the services of the operator, the operator shall endeavor to remedy the situation upon knowledge of the same or upon immediate complaint by the customer.

2. Insofar as a parking space is made available to the customer in a garage or other parking lot, even for a fee, this does not constitute a custody agreement. In case of loss or damage to motor vehicles parked or maneuvered in the parking lot or their contents, the operator is not liable, except in case of intent or gross negligence. Any damage must be reported immediately.

3. All claims against the operator are generally subject to a limitation period of one year from the beginning of the regular limitation period of Section 199 (1) of the German Civil Code (BGB). Claims for damages shall become statute-barred five years after they arise, irrespective of knowledge or grossly negligent ignorance. The above reductions in the statute of limitations shall not apply in the event of injury to life, limb, health or freedom, or in the event of claims based on an intentional or grossly negligent breach of duty by the operator, their legal representatives or vicarious agents.

13 Final provisions

1. German law shall apply exclusively. The place of jurisdiction is, as far as legally permissible, Friedberg.

2. The place of performance and payment is Rosbach.

3. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. In this case, the customer and the operator undertake to replace the invalid provision with a valid provision that, as far as legally possible, comes as close as possible to what the contracting parties intended in economic terms. The same applies in the event of any loopholes.

Rosbach v.d.H., 03.05.2021