General terms and conditions of business
I. Information about the processing of your data in accordance with Article 13 of the General Data Protection Regulation (GDPR)
1. SCOPE & CONTRACTUAL PARTNERS
1.1 These General Terms and Conditions, hereinafter referred to as General Terms and Conditions, apply to all contracts for the rental of apartments and apartments for accommodation that are concluded between V&F Suite Apartments GmbH (hereinafter ST:ART) and third parties (guest), as well as to all other services provided and deliveries from the aforementioned company.
1.2 The guest's contractual partner in Germany is V&F Suite Apartments GmbH.
1.3 The customer's general terms and conditions only apply if this has been expressly agreed upon in text form beforehand.
2. RESERVATION/BOOKING
2.1 By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from ST:ART. This confirmation creates an accommodation contract between ST:ART and the guest.
2.2 Offers from ST:ART regarding available apartments are subject to change and non-binding.
ST:ART is free to refuse to conclude an accommodation contract at its own discretion.
2.3 If the guest only books one category in a property offered, the guest is not entitled to use the accommodation service in a specific apartment/unit. ST:ART reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or down payments for certain travel dates.
3. CANCELLATION DEADLINES/CUSTOMER CANCELLATION/NON-USE OF SERVICES (NO SHOW)
3.1 A guaranteed reservation is not available until the guest pays ST: ART, which can be canceled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines, stating the corresponding reservation number. If a right of withdrawal has not been agreed or has already expired (expiry of the free cancellation period), there is no statutory right of withdrawal or termination and if ST:ART does not agree to a cancellation of the contract, ST:ART retains the right to the agreed remuneration despite non-use of the service (no-show) or late cancellation. In addition, if the guest does not show up in the case of reservations guaranteed for several days, all additional nights from the first night will be canceled and the guest is not entitled to the following nights.
4. OVERNIGHT PRICES & OTHER PRICES
4.1 The prices stated by ST:ART at the time the contract is concluded are valid. Applicable and stated prices are gross and include all statutory taxes, fees and charges. Local taxes owed by the guest themselves, such as tourist taxes, are not included.
5. PAYMENT TERMS & INVOICE
5.1 The price for the overnight service booked by the guest must always be paid in advance by the guest.
5.2 Offsetting by the guest is considered excluded unless the offsetting concerns an undisputed or legally established claim.
5.3 Accepted payment methods are Mastercard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer. Cash payment is not accepted.
5.4 ST:ART reserves the right to charge the deposited payment methods with amounts for additional services used or violations of the General Terms and Conditions. The guest expressly authorizes ST:ART to do this.
5.5 A reservation is accompanied by the guest's consent for the guest to receive their invoice as a download or via email.
6. USES OF RESERVED APARTMENTS
6.1 A reserved apartment is available to the guest in the period specified after booking.
6.2 The keys, key chips, parking permits and/or key cards provided by ST:ART shall be delivered on the day of departure to ST:ART, a third party designated by ST:ART or to the location designated by ST:ART by signage and/or message in the dwelling or key box. If a key, key chip, key card or parking permit is lost or if these items are not handed in, a fee of €40.00 will be charged. ST:ART is also entitled to charge the guest further compensation for the resulting damage if the damage exceeds €40.00. This also includes replacing the affected locking system if this is not possible is necessary for security reasons. The guest has the option of proving that ST:ART suffered less or no damage.
6.3 A later departure (Lote Check-Out) can be made between ST:ART upon request and subject to availability
and can be agreed upon for the guest. If ST:ART agrees to the lot check-out, ST:ART is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. If there is no consent, ST:ART is entitled to charge €30.00 for each hour or part thereof. If you leave more than 3 hours after the originally agreed check-out, the full overnight price of the apartment will be charged if ST:ART has agreed. If there is no consent, the guest owes compensation for any further damage in addition to the full overnight price. The guest has the option of proving that ST:ART suffered less or no damage.
6.4 The guest cannot derive a contractual claim to a lot check-out.
6.5 Earlier arrival (early check-in) can be arranged between ST: ART and the guest upon request and subject to availability. If ST:ART agrees to early check-in, ST:ART is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. A contractual claim to the guest cannot derive early check-in.
7. Transfer, subletting, use
7.1 The subletting or re-lending of the booked apartment is prohibited. This includes, in particular, the forwarding of apartments or housing quotas to third parties at prices higher than those shown by ST:ART. Similarly, an assignment or sale of claims against ST: ART is not permitted. In these cases, ST: ART is entitled to cancel the reservation, especially if the guest, upon assignment/sale to third parties, provides false information about the type of booking or the made payment.
7.2 The use of ST:ART's apartments for purposes other than accommodation is expressly prohibited. In particular, this includes any commercial or illegal uses. The use of the apartments for photo or video recording is also prohibited without explicit consent. ST:ART, in case of use for reasons other than accommodation, retains the reservation without canceling refunds and vacating the rental property.
8. LIABILITY OF ST:ART
8.1 ST:ART shall be liable without limitation for any damage caused by injury to life, body or health for which it is responsible. ST:ART is also liable for any other damages resulting from ST:ART's intentional or grossly negligent breach of duty. In the case of simple negligence, ST:ART is only liable and limited to the damage that is foreseeable in the contract, provided that an obligation is breached, the fulfillment of which enables the proper execution of the contract and the guest can trust in its compliance (cardinal duty). A breach of ST:ART's duty is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages - unless otherwise provided for in these General Terms and Conditions - are excluded.
8.2 In the event of any disruption or defect in ST:ART's services, ST:ART will endeavour to remedy the situation upon prompt reprimand from the guest or upon knowledge. The guest is also obliged to contribute what is reasonable to him in order to remedy the disturbance or defect and to minimize any resulting damage. In addition, the guest is obliged to immediately draw ST:ART's attention to the possibility of causing significant damage.
8.3 ST:ART shall be liable for contributed items in accordance with the provisions of law. Any claim by the guest shall cease if he does not file a complaint with ST:ART immediately after becoming aware of any loss, destruction or damage, with the exception that a late complaint will not have any impact on the clarification of the facts. In the event of the contribution of funds, valuables, or other valuables exceeding 800.00€ or other items exceeding 3,500.00€, a separate written agreement with ST:ART is required. Otherwise, ST:ART is not liable for any loss, destruction, or damage to these funds or items.
8.4 No custody agreement shall be concluded if the guest is provided with a parking space by ST:ART, either for a fee or free of charge. This does not result in a monitoring obligation for ST:ART. In the event of loss, theft, or damage to parking spaces provided on the property and/or by parked motor vehicles(s) or shunted vehicles, ST:ART is solely liable for intent or gross negligence. The guest is obliged to report damages immediately. In any case, obvious damage must be reported before leaving the parking space. ST: ART is not liable for damages that are solely the responsibility of other guests or other third parties.
8.5 Any claims against ST:ART shall generally expire within one year from the date of the statutory limitation period. This does not apply to claims for damages or other claims arising from the injury to life, body or health and/or due to grossly negligent or intentional breach of duty by ST:ART and in the case of breaches of a cardinal duty.
8.6 ST:ART assumes no liability for lost property. Liability due to intentional or grossly negligent breaches of ST:ART's obligations is excluded. Lost and found items will be returned exclusively upon request for a fee and an additional processing fee of 15.00€. ST:ART undertakes to keep lost property for a period of six months. Disposal is then carried out.
9. DEPOSIT
9.1 To secure all claims of ST:ART against the guest resulting from the accommodation contract, ST:ART is entitled to collect the following security deposits from the guest before transferring apartments:
9.2 In the case of a stay of less than three months, a deposit of 250.00€.
9.3 In the case of a stay of three to six months, a deposit equal to one monthly Nightly rate.
9.4 In the event of a stay of less than three months, ST:ART shall be entitled to make the deposit/security payment by pre-authorising the means of payment to compensate for the security payment. If the guest does not pay the deposit/security, he or she is not entitled to stay in the apartment. If ST:ART has nevertheless left the apartment to the guest, ST:ART is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.
9.5 ST:ART is obliged to settle the deposit within one month of the termination of the accommodation contract.
10. CUSTOMER DATA
10.1 ST:ART collects and records mandatory email addresses and telephone numbers of the guest to ensure communication. Likewise, ST:ART is authorized to digitally request a valid identification document upon check-in. For domestic guests, this is an identity card or passport; for foreign guests, it is always a passport.
10.2 If the identity of a guest cannot be established beyond doubt due to missing or incorrect documents, ST:ART is entitled to cancel the booking.
10.3 ST:ART is entitled to cancel the booking of a guest should the identity of a guest cannot be established beyond doubt due to missing or incorrect documents.
10.4 To prevent fraudulent and malicious bookings, ST:ART uses software solutions that use the data requested by the guest (email address, telephone number, credit card details, address) to determine a „Fraud Prevention Score for each guest in order to detect fraudulent bookings. ST:ART reserves the right to cancel a booking marked accordingly by the system.
11. TERMINATION OF THE ACCOMMODATION CONTRACT
11.1 ST:ART reserves the right and is entitled to terminate an accommodation contract for cause. In particular, there is an important reason if
a) force majeure or other circumstances beyond the control of ST:ART make the performance of the contract impossible
b) ST:ART has reasonable grounds to believe that the use of the accommodation service may jeopardise either the smooth operation of the business, the security or the external impact or image of ST:ART and its locations in the public eye, without this being attributable to the sphere of control or organisation of ST:ART
c) Bookings are made culpably under misleading or false information or by concealing essential facts; the essential elements may, but are not limited to, be the identity of the guest, the ability to pay or the purpose of the stay
d) the purpose or reason for the stay is unlawful or serves to prostitution the home
e) In the case of resale or subletting and/or sub-brokerage (see paragraph 7)
ST: ART must immediately inform the guest of the exercise of the right of termination.
11.2 There is no right to damages from the guest in the event of justified termination by ST:ART.
11.3 Was terminated by ST:ART due to a circumstance to be represented by the guest or for a reason as stated above. Paragraph 1, ST:ART is also entitled to cancel or reject future bookings, even if these have already been confirmed by ST:ART.
12. VOUCHERS
12.1 A voucher purchased from ST:ART may only be redeemed for ST:ART services.
If payments with the voucher leave residual credit, they remain and can be used for further bookings.
12.2 Vouchers cannot be returned, they are not resaleable or transferable and are not redeemable in whole or in part for cash.
12.3 The purchaser of the voucher is responsible for providing the correct data (especially email address) responsible to which the voucher and invoice should be sent.
13. SMOKING BAN AND SAFETY DEVICES
13.1 All ST:ART apartments are non-smoking. Smoking in the apartments as
Even in common areas of ST:ART is strictly prohibited. This also applies to e-cigarettes, Shishas, tobacco heaters and similar appliances.
13.2 Smoking on balcony and/or terrace areas is only permitted if appropriately marked and the door to the apartment is closed.
13.3 In the event of an infringement, ST:ART has the right to claim compensation from the guest for the separately necessary cleaning costs, including any loss of sales resulting from a subletting of the apartment in an amount of at least EUR 250.00 that is unreasonable due to the incident. This amount of damages must nevertheless be set higher if ST:ART proves that the damage is greater. The guest has the opportunity to prove that ST: ART suffered minor or no damage.
13.4 Tampering with or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a penalty fee of 150 €. This also applies to tampering with or turning off security and decibel sensors within the apartment.
13.5 ST:ART shall be entitled to cancel an active booking with immediate effect and to expel guests from the House if knowledge of infringements under points 13.1 and 13.4 is obtained. There is no right to a refund or partial refund in these cases. The guest has the opportunity to prove that ST: ART suffered minor or no damage.
13.6 ST:ART buildings may contain networked smoke detectors directly connected to the control center of the fire department or a security service. The guest is fully liable for the intentional or negligent triggering of the fire alarm system (for example due to the violation of the smoking ban), but at least in the amount of the actual costs incurred {for example, fire brigade or security service operational costs).
14. BAN ON PARTIES AND GATHERINGS
14.1 In principle, noise should be avoided in the booked apartment, the communal areas of use and the surrounding grounds. The night rest must be observed from 10 p.m. to 6 a.m. {,,rest times"), unless different times are specified by the house rules.
14.2 Parties and gatherings are strictly prohibited in ST:ART apartments and common areas.
14.3 In the event of an infringement, ST:ART has the right to claim compensation from the guest for the separately necessary cleaning costs, including any loss of sales resulting from a subletting of the apartment in the amount of EUR 500.00 that is unreasonable due to the incident. This does not affect the right to further compensation. The guest has the opportunity to prove that ST: ART suffered minor or no damage.
14.4 Sensors for decibel measurement may be installed in ST:ART apartments. These sensors do not record voices or conversations, but are used to detect excessive volume. ST:ART common areas, i.e. corridors or other common areas, may also contain sensors for decibel measurement, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.
14.5 ST:ART is entitled to cancel an active booking with immediate effect and to expel guests from the house if knowledge of infringements is still obtained in points 14.1 and 14.2. There is no right to a refund or partial refund in these cases. The guest has the opportunity to prove that ST:ART has suffered minor or no damage, and ST:ART reserves the right to use the services of a third party, such as a security service, to enforce the house rules.
Costs incurred through any intervention by a third party will be passed on to the guest.
15. DAMAGE OR UNAUTHORIZED INVENTORY REMOVAL
15.1 If damage occurs during accommodation beyond the use in accordance with the contract or if inventory is removed from the unit without authorization, ST:ART shall be entitled to compensation, which shall include in particular the expenses incurred to repair the damage, including any loss of sales resulting from the non-possible rental of the apartment, legal costs plus a processing fee of 50€ for such damage. The guest has the opportunity to prove that ST: ART suffered minor or no damage.
16. PETS
16.1 Bringing (house) animals is not permitted in apartments or common areas. Exceptions are blind, deaf and other comparable service dogs. These may be carried free of charge and at any time upon proof. The corresponding proof must be submitted independently to ST:ART before check-in.
16.2 ST:ART is entitled to make further exceptions to the above principle. The guest is not entitled to this. If a pet stays in a unit without a permit, a flat rate of EUR 150.00 will be charged for a special cleaning fee by ST:ART. ST:ART is entitled to cancel an active booking with immediate effect and to expel guests from the house if there are violations of point 1. There is no right to a refund or partial refund in these cases. The guest has the option of proving that ST: ART suffered less or no damage.
17. MAINTENANCE
17.1 By booking an apartment from ST:ART, the guest undertakes to treat the apartment provided, as well as rooms, facilities, and facilities intended for communal use, with care and care, to ensure adequate ventilation and heating, and to avoid serious contamination. If contamination beyond normal use occurs during the guest's stay or even after their departure, ST must:ART the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest has the opportunity to prove that ST: ART suffered minor or no damage.
17.2 Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and usability when occupied and to check any defects and complaints ST:ART to be reported immediately.
17.3 The guest shall be liable for all damage to the apartment, furnishings and rooms, facilities and installations intended for communal use which he or his visitors have culpably caused by use contrary to the contract and which is not the result of normal wear and tear. The guest must immediately report any damage caused to the apartment provided to him to ST:ART.
17.4 For bookings of more than 7 nights, ST:ART is authorized to carry out weekly interim cleanings. The guest is obliged to provide access to the apartment to the service provider or ST:ART employees commissioned by ST:ART for this purpose.
18. INTERNET USAGE
18.1 Internet access shall be provided to the guest by ST: ART within the limits of existing technical and operational capabilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.
18.2 The guest shall not misuse the Internet connection. Abusive use occurs in particular in the following cases: download and distribution of copyrighted content via peer-to-peer sharing platforms, illegal streaming services and 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, license plate and personal rights of third parties when using it. The Guest shall, upon first request, indemnify ST: ART against all claims and claims for damages by third parties, as well as against the costs of legal defense in an appropriate amount, caused by unlawful use of the provided Internet connection by the Guest or by third parties with the Guest's knowledge. This exemption claim covers, in particular, claims arising from the infringement of copyright, patent, name, trademark and personal rights as well as data protection violations.
18.3 The guest is prohibited from disclosing the access data for the ST:ART Internet connection to third parties. This also applies to the publication of any access data. In the event of infringement, the guest must be liable to ST:ART for all damages caused by the disclosure of the access data.
18.4 Furthermore, ST:ART reserves the right to block the guest's internet connection in the event of legal violations.
19. DATA PROTECTION
19.1 The data protection regulations can be viewed at: Data Protection
20. FINAL PROVISIONS
20.1 Amendments and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these general terms and conditions require text form. This also applies to the repeal of this textual form clause. Unilateral changes or additions by the guest are ineffective.
20.2 The place of performance and payment shall be the registered office of the accommodation establishment.
20.3 In commercial transactions, the exclusive place of jurisdiction is the registered office of the accommodation establishment. If a contractual partner meets the requirements of § 38 para. 2 ZPO and does not have a general jurisdiction in the country, the place of jurisdiction is the place of residence of the accommodation establishment.
20.4 German law applies. The application of the United Nations Sales Convention and conflict of laws is excluded.
20.5 Should any provision of this Agreement be or become ineffective, void or void
be made, the effectiveness of the other provisions shall not be affected. Instead of the ineffective/void provision, the parties will make such a provision as is closest to the purpose intended by the ineffective/void provision. This also applies to filling in any gaps in the contract.
20.6 To participate in a dispute settlement procedure before a consumer arbitration board, the accommodation company is neither willing nor obliged.