Terms and Conditions
for the rental of the SONNE, MOND, STERNE, TRAUM, and EULE apartments from "Gute-Nacht-Braunschweig"
§ 1 Validity of the Terms and Conditions
(1) These General Terms and Conditions apply to contracts for the rental of apartments for accommodation purposes and all other services and deliveries provided by the provider to the tenant. The provider's services are provided exclusively on the basis of these General Terms and Conditions.
(2) The subletting or re-letting of the rented apartments and their use for purposes other than residential purposes require the prior written consent of the provider.
(3) The tenant's terms and conditions shall only apply if they have been agreed in advance. Deviations from these terms and conditions shall only be effective if the provider has expressly confirmed them in writing.
§ 2 Booking/booking confirmation
Please enter your booking requests via the booking enquiry form or send them in writing to info@gute-nacht-braunschweig.de or call us. If we can provide you with the desired apartment for the desired period, you will receive written confirmation of the booked apartment and the invoice from us. The reservation for the apartment is legally binding upon receipt of the booking confirmation and after payment of the deposit (see §3).
§ 3 Terms of payment
The rental payment must be transferred to our account no later than 5 days before the start of the rental period. Any agreed deposit is due immediately. The apartment is only firmly reserved once payment has been received. For short-term bookings, payment is due immediately upon receipt of the invoice. In the event of late payment, we are entitled to charge the applicable statutory default interest, which is currently 5% above the base rate. For each reminder sent after the due date, the customer must reimburse us for reminder costs in the amount of €15.00. All other costs incurred in connection with collection shall be borne by the customer. The customer shall bear the costs of payment, in particular for transfers from abroad. All bank transfer fees shall be borne in full by the tenant, i.e. the full invoice amount shall be credited to our bank account free of charge. We only accept payments by bank transfer or, by arrangement, cash payments; we do not accept debit or credit cards or checks.
§ 4 Arrival and departure
On the day of arrival, the apartment will be available from 3:00 p.m. The keys will be handed over in person or contactlessly via a key safe. You will receive the access code to the key safe after receipt of the final payment or in good time before moving in. No claims for damages can be made if, in exceptional cases, the apartment cannot be occupied at 3:00 p.m. on the day of arrival. On the day of departure, the apartment must be vacated by 11:00 a.m. The landlord reserves the right to charge for late departure. The apartment must be left swept clean on the day of departure. Dishes, glasses, etc. must be cleaned and put away, trash cans emptied, and the refrigerator cleared out.
§ 5 Apartments
The apartment will be handed over by the landlord in a neat and clean condition with a complete inventory. If there are any defects or if any defects occur during the rental period, the landlord must be notified immediately. The tenant is liable for any damage caused by them to the rental property or the inventory, e.g., broken dishes, damage to the floor or furniture. This also includes the cost of lost keys, which will be charged at cost. The inventory must be treated with care and is only intended for use in the apartments. Moving furniture, especially beds, is prohibited. The tenant is also liable for the actions of his fellow travelers. Damage caused by force majeure is excluded from this. In the event of use of the apartment in breach of contract, such as subletting, overcrowding, disturbance of domestic peace, etc., as well as in the event of non-payment of the full rental price, the contract may be terminated without notice. The rent already paid remains with the landlord. If liability insurance exists, the damage must be reported to the insurance company. The landlord must be provided with the name and address, as well as the insurance number of the insurance company.
§ 6 Pets
Pets of any kind are only allowed in the apartment with the prior written consent of the provider. The provider charges a reasonable surcharge for accommodating animals. If animals are accommodated without the prior consent of the provider, the provider may charge a cleaning fee of up to €100.00 (net).
§ 7 Stay
The apartment may only be used by the persons listed in the booking. If the apartment is used by more persons than agreed, a separate fee shall be paid for these persons, which shall be determined in the rental price. In this case, the landlord also has the right to terminate the rental agreement without notice. Subletting and transferring the apartment to third parties is not permitted. The rental agreement may not be transferred to third parties. The tenant agrees to the general terms and conditions and house rules of Apartment-Wohnungen Müller (Gute-Nacht-Braunschweig). The declaration of consent is made upon payment. In the event of violations of the general terms and conditions or house rules, the landlord is entitled to terminate the rental agreement immediately and without notice. There is no legal claim to a refund of the rent or compensation.
§ 8 Cancellation
In the event of withdrawal from the rental agreement, the tenant is obliged to pay part of the agreed price as compensation. Cancellation must be made in writing. The amount of compensation depends on the time remaining until the arrival date and is calculated as follows: Cancellation by the tenant must be made in writing. If this is not done, the agreed price must be paid even if the tenant does not make use of the contractual service. Full refund for cancellations made within 48 hours of completing the booking, if the check-in date is at least 14 days in the future. 50% refund for cancellations made at least seven days before the start of the rental period. No refunds for cancellations made within seven days of the start of the rental period.
§ 9 Cancellation by the lessor
In the event of cancellation on our part due to force majeure or other unforeseeable circumstances (such as accident or illness of the lessor) as well as other circumstances beyond our control that make fulfillment impossible, liability shall be limited to reimbursement of costs. In the event of justified withdrawal, the customer shall not be entitled to claim damages—no liability shall be assumed for travel and hotel costs. Withdrawal by the lessor may take place after the start of the rental period without notice if the lessee persistently disturbs other lessees despite warnings or behaves in such a manner contrary to the contract that immediate termination of the rental agreement is justified.
§10 Liability of the lessor
The lessor is liable for the proper provision of the rental property within the scope of the duty of care of a prudent businessman. Liability for any failures or disruptions in the water or electricity supply, as well as events and consequences due to force majeure, is hereby excluded.
§11 Use of Internet access via WLAN
§11.1. Permission to use Internet access via WLAN
The landlord maintains internet access via WLAN in his residential property. He permits the tenant to share the WLAN access to the internet for the duration of his stay in the residential property. The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability, or reliability of the internet access for any purpose. The landlord is entitled at any time to allow other users to use the WLAN in whole, in part, or temporarily, and to restrict or exclude the tenant's access in whole, in part, or temporarily if the connection is or has been used in an abusive manner, insofar as the landlord has reason to fear legal action and cannot prevent this with reasonable effort within a reasonable period of time. In particular, the landlord reserves the right, at its reasonable discretion and at any time, to block access to certain sites or services via the WLAN (e.g., sites that glorify violence, pornographic sites, or sites that charge a fee).
§11.2. Access data
Use is subject to access security. The access data (login and password) may not be disclosed to third parties under any circumstances. If the lessee wishes to grant third parties access to the Internet via the WLAN, this is subject to the prior written consent of the lessor and the acceptance of the provisions of this usage agreement by the third party, documented by signature and full identification details. The lessee undertakes to keep their access data confidential. The lessor has the right to change access codes at any time.
§11.3. Risks of Wi-Fi use, limitation of liability
The tenant is advised that the Wi-Fi only provides access to the Internet; virus protection and a firewall are not available. Data traffic generated using the WLAN is unencrypted. The data may therefore be viewed by third parties. The lessor expressly points out that there is a risk that malware (e.g., viruses, Trojans, worms, etc.) may infect the end device when using the WLAN. Use of the WiFi is at the tenant's own risk. The landlord accepts no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused by the landlord and/or its vicarious agents through intent or gross negligence.
§11.4. Responsibility and indemnification
The tenant is responsible for the data transmitted via the WiFi, the chargeable services used and any legal transactions not carried out. If the tenant visits chargeable websites or enters into liabilities, the resulting costs shall be borne by him. He is obliged to comply with applicable law when using the WLAN. In particular, he shall: not use the WLAN to access or distribute immoral or illegal content; not illegally reproduce, distribute, or make available any copyright-protected goods; this applies in particular in connection with the use of file-sharing programs; observe the applicable youth protection regulations; not send or distribute any harassing, defamatory, or threatening content; not use the Wi-Fi to send mass messages (spam) and/or other forms of unauthorized advertising. The tenant indemnifies the landlord of the residential property against all damages and claims by third parties based on the tenant's illegal use of the Wi-Fi and/or a breach of this agreement; this also extends to costs and expenses associated with the claim or its defense. If the tenant recognizes or should recognize that such a legal violation and/or breach has occurred or is imminent, they shall notify the landlord of the residential property of this circumstance.
§ 12 House rules, general rights and obligations
(1) The tenant is obliged to comply with the house rules. Quiet hours are from 10 p.m. to 7 a.m. To avoid disturbing others, TVs and audio devices must be set to a reasonable volume.
(2) For the duration of the rental period, the tenant is obliged to keep windows (except when tilted) and doors closed when leaving the apartment.
(3) Smoking is generally prohibited in the apartment. In the event of violations, the provider may charge for cleaning measures. Smoking is only permitted on balconies.
(4) Drying laundry is prohibited in the apartments.
(5) The installation and/or attachment of materials for decoration or similar purposes is not permitted in the apartment. The tenant is solely liable for any decorations or similar items that are installed and/or attached and indemnifies the provider against any claims by third parties. The tenant is also obliged to compensate for any damage caused by the installation and/or attachment of decorations or similar items.
(6) The landlord has the right to access the apartments at any time, especially in cases of imminent danger. The tenant's interests worthy of protection must be taken into account appropriately when exercising the right of access. The landlord will inform the tenant in advance of exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.
§ 13 Written form
There are no agreements other than those listed in this contract. No verbal agreements have been made. The general terms and conditions are accepted upon transfer of the deposit.
§ 14 Severability clause
Should one or more provisions of these General Terms and Conditions 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.
§ 15 Place of jurisdiction
The district court of Wolfenbüttel shall have jurisdiction over any disputes arising from the contractual relationship.
