1. Scope of application & contractual partners
(1):
These General Terms and Conditions apply to all services offered by the provider; here: Apartments Cologne (owner: Gaffar Yildirim, An der Linde 2, 50668 Cologne, hereinafter referred to as AC) offers on the local booking platform (https://apartments.cologne/). The guest accommodation contract is deemed to have been bindingly concluded as soon as AC has sent a booking confirmation to the guest (hereinafter referred to as the guest). By making a booking, the guest accepts these GTC.
(2):
If a booking is not made via the booking platform (e.g. by e-mail or telephone), the GTCs shall also apply in the course of the booking confirmation sent or with the first e-mail from AC.
(3):
Deviating terms and conditions of the guest shall only apply if these have been agreed in writing with AC in advance.
(4):
Unless otherwise agreed, the following fees, prices, values and other contractual payment contents are net prices excluding statutory VAT and other charges such as the cultural promotion tax. The accommodation prices shown on the booking platform are gross prices including statutory VAT. A detailed breakdown can be found on the booking platform.
2. Terms of payment
(1):
AC undertakes to keep the booked apartment or an equivalent replacement available and to provide the agreed service to the guest.
(2):
The guest is obliged to pay for the provision of the apartments and the services used by him/her in accordance with the booking confirmation upon conclusion of the contract.
(3):
All prices quoted by AC include the applicable statutory value-added tax plus a separately stated cultural promotion tax of the City of Cologne at the applicable rate.
(4):
If the guest does not make the payment, he shall be in default in accordance with § 286 (1) No. 1 BGB, but no later than 30 days after receipt of the invoice or booking confirmation in accordance with § 286 (3) BGB.
(5):
In the event of default, AC shall be entitled to demand default interest of 9 percentage points above the base interest rate (or 5 percentage points above the base interest rate for consumers) from the guest in accordance with § 288 BGB.
(6):
If it is an absolutely necessary business trip, the guest can be exempted from the cultural promotion tax. In this case, the guest must inform AC during the booking process (via the message function) or afterwards by means of direct communication. As soon as the guest has completed, signed and submitted to AC the “Declaration of the accommodation guest on the culture tax” sent to him by the City of Cologne, AC undertakes to reimburse the guest the amount of the culture tax for the booking in question.
3. Stay
(1):
Upon moving into the apartment, the guest is obliged to notify the host immediately in writing (via WhatsApp to +49 170 1 987 987 or by e-mail to booking@apartments.cologne) of any damage, faults, soiling or other inconveniences, stating the booking and apartment number. Damage caused by the guest that was not reported and is discovered after check-out during cleaning will be charged to the guest and must be paid within 7 days.
(2):
The subletting or re-letting of the rented apartment and its use for other purposes, in particular illegal activities, are prohibited.
(3):
AC has a right of access to the apartments at all times, particularly in the event of imminent danger. Reasonable consideration must be given to the Guest's legitimate interests when exercising the right of access. AC shall inform the Guest in advance of the exercise of the right of access, unless this is unreasonable or impossible in the circumstances of the individual case.
(4):
It is not permitted to accommodate other overnight guests or additional, unannounced guests without written permission from AC. A penalty fee of € 50.00 per additional person per night will be charged for non-compliance.
(5):
The building and the corridors in between, in particular the stairwell and the corridor area between the apartments, are monitored 24/7 by a video camera. This data is stored for up to two weeks and then destroyed. The apartments are not monitored. AC reserves the right to install decibel measurement sensors to detect excessive noise levels and thus serve the common good of the building.
4. Cancellation conditions
(1):
The guest has the option of canceling their stay in writing by e-mail to booking@apartments.cologne, stating the booking number. In this case, the following cancellation fees apply:
(2):
AC reserves the right to cancel a booking extraordinarily at any time and without prior notice. This applies if the guest violates the house rules (§ 6 of the GTC). If there is another justification, this will be communicated to the guest together with the cancellation.
5. Liability
(1):
The guest undertakes to treat the apartment and its inventory with all due care. The guest shall be liable to pay compensation for culpable damage to furnishings, rented rooms or the building as well as the facilities belonging to the rented rooms or the building if and to the extent that such damage has been culpably caused by him or his accompanying persons or visitors. The guest must immediately notify AC of any damage occurring in the rented rooms to the contact point designated by AC, unless the guest is obliged to remedy the damage himself. The guest shall be liable to pay compensation for any consequential damage caused by failure to notify AC in good time. Waste, ash, harmful liquids and the like may not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-compliance with these regulations, the person responsible shall bear the costs of repair. In the event of any faults occurring in the equipment and facilities of the rented property, the guest is obliged to do everything reasonable to help rectify the fault or to minimize any damage that may arise. The guest is obliged to inform AC or the property management of any defects in the rented property without delay. If the guest fails to do so, he shall not be entitled to any claims for non-fulfillment of the contractual services (in particular no claims for rent reduction).
(2):
AC shall provide the guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out. The guest may not misuse the Internet connection. Misuse is deemed to have occurred in the following cases in particular: Downloading and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The Guest is obliged to respect the copyright, patent, name, trademark and personal rights of third parties during use. The guest shall indemnify AC on first demand against all claims and claims for damages by third parties as well as against the costs of legal defense in a reasonable amount which have been caused by illegal use of the Internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnification claim includes in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as breaches of data protection law. The guest is prohibited from passing on the access data for AC's Internet connection to third parties. This also applies to the publication of any access data. In the event of non-compliance, the guest shall be liable to AC for all damages caused by the disclosure of the access data. Furthermore, AC reserves the right to block the guest's Internet connection in the event of legal violations.
6. Housing rules
(1):
The guest agrees to the following house rules. These are also listed in the guest folder sent to you and displayed in the apartments.
7. Final formulation
(1):
German law shall apply. The place of jurisdiction shall be Cologne Local Court.
(2):
The General Terms and Conditions are accepted by clicking on the relevant box before booking via the platform.
(3):
A right of withdrawal according to § 355 is excluded by § 312g para. 2 no. 9 BGB. The cancellation conditions under § 4 of these GTC apply.
8. Severability clause
(1):
Should one or more provisions of these GTC become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose pursued by the invalid provision.