1. Scope

1. These GTC apply to all contracts for the rental of apartments for accommodation concluded between ImmoMents GmbH and third parties (guest), as well as to all other services and deliveries provided by ImmoMents (accommodation contract).

2. Reservations

1. By making a reservation, the guest offers the conclusion of an accommodation contract. If the booked apartment is available, the guest will receive a reservation confirmation/invoice from ImmoMents GmbH. By this acceptance of the reservation made by the guest an accommodation contract between ImmoMents GmbH and the guest is concluded.

2. Offers of ImmoMents GmbH regarding available apartments are subject to change and non-binding. ImmoMents GmbH can refuse the conclusion of an accommodation contract at its own discretion.

3. There is no right to claim the accommodation service in a certain apartment. ImmoMents GmbH reserves the right to define industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain dates.

3. Cancellation Deadlines

1. A guaranteed reservation exists with the payment of the guest. A guaranteed reservation can be canceled by the guest free of charge according to the stated cancellation conditions, stating the invoice/reservation number. After the expiration of the cancellation terms, cancellation is excluded and ImmoMents GmbH retains the right to the agreed remuneration less any saved expenses. The same applies in case of no-show of the guest. In the case of guaranteed reservations for several days, all subsequent nights, including the second night, will be cancelled in the event of a no-show and the guest has no claim to the subsequent nights.

2. The guest can cancel a reserved apartment free of charge up to 7 days before the day of arrival and will be refunded all payments made in full.

3. If the guest cancels a reserved apartment not 7 days before the day of arrival, but at least 1 day before the day of arrival, ImmoMents GmbH will refund 50% of the invoice amount.

4. If the guest does not cancel a reserved apartment at least 1 day before the day of arrival, his right of cancellation expires. ImmoMents GmbH retains the right to the agreed remuneration less any saved expenses.

4. Overnight Rates

1. The prices shown by the at the time of the conclusion of the contract shall apply. The applicable prices are gross total prices and include all statutory taxes, fees and charges. Not included and charged separately are local taxes that are owed by the guest according to the respective local law, such as visitor's tax.

2. In the event of changes in taxes, fees and charges as well as the effective levying of new taxes, fees and charges previously unknown to the parties, ImmoMents GmbH reserves the right to adjust the prices accordingly. In the case of contracts with consumers, this only applies if the period between the conclusion of the contract (booking confirmation) and the contract adjustment exceeds four months.

5. Payment Term & Invoice

1. The price of the total booked accommodation service is always to be paid by the guest in advance. From a stay of 3 months, at the request of the guest, a monthly billing (division of the total price) can be agreed.

2. Valid means of payment are prepayment by bank transfer - cash payments are excluded.

3. ImmoMents GmbH reserves the right to invoice the guest for any additional charges incurred due to the use of additional services or violations of the General Terms and Conditions.

4. The guest agrees that an invoice in the regular case will always be provided as a download or by e-mail. If the guest should wish a postal delivery deviating from this, this is to be communicated to ImmoMents GmbH in writing. ImmoMents GmbH also reserves the right to comply with the request for a company stamp or signature on the invoice for the above reasons.

5. The guest may only set off undisputed or legally established claims against BD Apartment.

6. Use, Handover and Return of the Apartments

1. A booked apartment is available to the guest from 15.00 o'clock on the day of arrival and until 12.00 o'clock on the day of departure.

2. Unless otherwise agreed, the keys provided are to be handed over to ImmoMents GmbH or a third party named by the accommodation provider on the day of departure or, if agreed, left in the apartment. If a handed over key is not returned at departure, this will be charged with a fee of 50,00 Euro. ImmoMents GmbH remains entitled to demand compensation from the guest for any damage incurred as a result of this, insofar as this exceeds the amount of 50.00 EUR. This includes the costs for the exchange of the affected locking system, as far as this is necessary for security reasons.

3. Upon request and depending on availability, a later departure (late check-out) can be agreed upon with ImmoMents GmbH in advance. If ImmoMents GmbH agrees to a late check-out, ImmoMents GmbH is entitled to charge 8.00 EUR per hour or part thereof for the additional use of the apartment. For departures that take place after 3:00 p.m., the full daily price of the apartment will be charged. There is no contractual entitlement to a late check-out.

4. Upon request and depending on availability, an earlier arrival (early check-in) can be arranged with ImmoMents GmbH in advance. However, there is no contractual claim to an early check-in.

5. The return of the apartments has to take place in the same condition as the guest found them. The guest has to remove all his personal belongings from the apartments and dispose of any food and garbage he brought with him. In case of violation, the cleaning fee may be subsequently increased by 10.00 EUR and charged.

7. Resale

1. The resale/rental and/or the rebrokering of booked apartments is prohibited. In particular, the resale of apartments and/or apartment allotments to third parties at higher prices than the actual apartment prices is not permitted. The assignment or sale of the claim against ImmoMents GmbH is also not permitted.

2. A use of the apartment for other than the accommodation purpose, in particular any commercial use by the guest, is expressly prohibited.

8. Liability of ImmoMents GmbH

1. ImmoMents GmbH shall be liable without limitation for damages resulting from injury to life, body or health for which ImmoMents GmbH is responsible. Furthermore, ImmoMents GmbH is liable for other damages that are based on an intentional or grossly negligent breach of duty by ImmoMents GmbH. For simple negligence ImmoMents GmbH is liable only and limited to the contract-typical foreseeable damage, provided that an obligation is violated, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you as a guest may regularly rely (cardinal obligation). A breach of duty by ImmoMents GmbH is equal to that of its legal representatives, employees or agents. Further claims for damages are excluded, unless otherwise provided for in these GTC.

2. If disturbances or deficiencies in the services of ImmoMents GmbH occur, ImmoMents GmbH will endeavor to remedy the situation if it becomes aware of them or if the guest immediately complains about them. The guest is obligated to contribute what is reasonable to him in order to remedy the disturbance and to keep any possible damage to a minimum. Furthermore, the guest is obligated to inform ImmoMents GmbH in due time about the possibility of an exceptionally high damage.

3. ImmoMents GmbH is liable for brought-in things according to the legal regulations. The claim expires if the guest does not inform ImmoMents GmbH immediately after becoming aware of loss, destruction or damage of the brought-in object, unless this delayed notification has no effect on the clarification of the facts. As far as the guest wishes to bring money, securities and valuables with a value of more than EUR 800 or other things with a value of more than EUR 3,500 into the apartment, this requires a separate written agreement with ImmoMents GmbH.

4. If the guest is provided with a parking space, even for a fee, this does not constitute a custody agreement. ImmoMents GmbH is not obliged to supervise the parking space. In case of loss or damage of motor vehicles or bicycles parked or maneuvered on the property or their contents, ImmoMents GmbH shall only be liable in case of intent or gross negligence. The guest is obliged to report any damage immediately, obvious damage in any case before leaving the parking facility. ImmoMents GmbH is not liable for damages caused solely by other tenants or other third parties.

5. All claims against ImmoMents GmbH are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to a grossly negligent or intentional breach of duty by ImmoMents GmbH as well as in the case of violations of a cardinal obligation in the sense of clause 8a.

6. ImmoMents GmbH does not assume any liability for lost property. Excluded from this is the liability due to intentional or grossly negligent breach of duty by ImmoMents GmbH. Lost property will only be returned upon request. ImmoMents GmbH reserves the right to charge the guest for any costs arising from this. The accommodation company undertakes to keep the lost property for a period of six months.

9. Security Deposits

1. To secure all claims of ImmoMents GmbH against the guest from the accommodation contract a deposit in the amount of 250,00 EUR can be required.

2. If the security is not paid until the transfer of the apartment, the guest has no claim to the transfer of the apartment.

3. ImmoMents GmbH is obliged to settle the deposit within one month after the end of the accommodation contract.

10. Customer Data

1. In order to ensure communication with the guest, ImmoMents GmbH obligatorily collects the e-mail address and telephone number. In order to verify the identity of the guest, ImmoMents GmbH is entitled to request the following valid identification document (for domestic guests an identity card or passport; for foreign guests the passport), and valid credit card data digitally at check-in.

2. If the identity of a guest can not be clarified beyond doubt due to missing or false documents, ImmoMents GmbH is entitled to cancel the booking.

11. Termination of the Accommodation Contract

1. ImmoMents GmbH is entitled to terminate the accommodation contract for good cause. An important reason exists in particular if (i) force majeure or other circumstances beyond the control of ImmoMents GmbH make the fulfillment of the contract impossible, (ii) apartments are culpably booked under misleading or false information or concealment of material facts; Essential facts can be, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay, (iii) ImmoMents GmbH has reasonable grounds to believe that the use of the service may jeopardize the smooth operation, safety or reputation of ImmoMents GmbH and its locations in public, without this being under the control or organization of ImmoMents GmbH. organizational sphere of ImmoMents GmbH; (iv) the purpose or reason for the stay is unlawful; or (v) in the case of resale/rental and/or rebrokerage (see clause 7).

2. ImmoMents GmbH has to inform the guest immediately about the exercise of the right of termination.

3. In case of justified termination of the accommodation service, the guest shall have no claim for damages.

12. Non Smoking Apartments

1. The ImmoMents GmbH apartments are non-smoking apartments. It is therefore prohibited to smoke in the common areas as well as in the guest apartments. Smoking is permitted in the balcony and/or terrace areas. In case of violation, ImmoMents GmbH has the right to demand an amount of EUR 200,00 from the guest as compensation for the separate cleaning costs including possible loss of revenue due to the fact that the apartment cannot be rented out. This amount of damages is to be set higher if ImmoMents GmbH proves a higher damage.

2. Manipulating or blocking emergency exits, fire extinguishers or the fire alarm is prohibited. In case of violation a penalty fee of 150,00 EUR.

13. No parties in the apartment

1. Holding parties in the ImmoMents GmbH apartments is not permitted.

2. A contractual penalty of up to EUR 500.00 may be demanded in the event of non-compliance.

14. Damage or Theft

1. In case of damage beyond the usual use or theft, ImmoMents GmbH has the right to charge the guest for the damage as well as the separate expenses for the removal of the damage, including possible loss of revenue from a resulting impossibility to rent the apartment.

15. Door opening

1. In the event that the guest locks himself out through his own fault and can no longer enter the apartment, ImmoMents GmbH must be contacted. Only ImmoMents GmbH is authorized to open the door. This will incur a fee of EUR 50.00.

16. Pets

1. Bringing a pet is to be coordinated in advance with ImmoMents GmbH and approved. Exceptions are guide dogs, deaf dogs and other comparable service dogs. These may be brought along at any time against proof.

17. Maintenance

1. The guest undertakes to treat the apartment provided, the furnishings and the rooms, facilities and equipment intended for common use with care and to ensure proper ventilation and heating.

2. The guest is also obligated to check the furnishings for completeness and fitness for use upon moving into the apartment and to report any complaints to the accommodation provider immediately.

3. The guest is liable for all damages to the rented apartment, the furnishings and the rooms, facilities and equipment intended for common use, which he or his visitors have culpably caused by use contrary to the terms of the contract and which are not due to normal wear and tear. The guest has to inform ImmoMents GmbH immediately about all damages of the rented apartment.

4. The apartment can be cleaned after arrangement and availability by a service provider assigned by ImmoMents GmbH. For the intermediate cleaning a lump sum of 40,00 EUR will be charged.

18. Group Bookings/Contingent Contracts

1. In case of group bookings of more than five apartments and contingent contracts, separate payment and cancellation conditions apply, which result from the respective contracts.

19. Internet Usage

1. ImmoMents GmbH provides the guest with Internet access within the existing technical and operational possibilities. Disruptions, for example due to force majeure, maintenance measures or similar cannot be excluded.

2. The guest may not misuse the internet connection. An improper use is in particular in the following cases: Download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming offers as well as the posting, retrieval or transmission of content relevant under criminal law (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obligated to respect the copyrights, patent rights, name rights, trademark rights and personal rights of third parties. The guest indemnifies ImmoMents GmbH on first demand from all claims and claims for damages of third parties as well as from the costs of legal defense in an appropriate amount, which have been caused by an illegal use of the provided internet connection by the guest or by third parties with the knowledge of the guest. This right of indemnification covers in particular claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as data protection violations.

3. The guest is prohibited from passing on the access data for the Internet connection to third parties. In case of violation, the guest is liable to ImmoMents GmbH for all damages caused by the disclosure of the access data.

4. In addition, ImmoMents GmbH reserves the right to block the guest's Internet connection in the event of legal violations.

20. Data Privacy

1. The privacy policy can be viewed at: https://www.immo-ments.de

21. Final Provisions

1. The language of the contract is German.

2. Changes or additions to the contract, the acceptance of the application or these terms and conditions for the rental of apartments should be made in writing. Unilateral changes or additions by the guest are invalid.

3. Place of performance and payment is the registered office of the accommodation company.

4. The exclusive place of jurisdiction for commercial transactions shall be the registered office of the accommodating establishment. If a contracting party fulfills the requirements of § 38 para. 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodating establishment.

5. German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws shall be excluded.

6. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions shall apply.