Terms and Conditions (GTC)

§1 SCOPE & CONTRACTUAL PARTNERS


  1. These General Terms and Conditions, hereinafter referred to as General Terms and Conditions, apply to all contracts for the rental of flats and apartments for accommodation that are concluded between E&K living GmbH (hereinafter E&K living) and third parties (guests), as well as to all other services provided Deliveries from the aforementioned companies.
  2. The guest's general terms and conditions only apply if this has been expressly agreed upon in writing beforehand.

 

§2 RESERVATIONS/BOOKING


  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 E&K living. This confirmation creates an accommodation contract between E&K living and the guest.
  2. Offers from E&K living regarding available apartments are subject to change and non-binding. E&K living is free to refuse to conclude an accommodation contract at its own discretion.
  3. If the guest only books one category in an offered property, the guest has no right to use the accommodation service in a specific apartment/unit. E&K living reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees or deposits for certain travel dates.


§3 CANCELLATION PERIOD/CUSTOMER WITHDRAWAL/FAILURE TO USE THE SERVICES (NO SHOW)


  1. A guaranteed reservation is only made once the guest has paid E&K living. This can be canceled by the guest free of charge in accordance with the stated cancellation conditions and cancellation deadlines by 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 E&K living does not agree to cancellation of the contract , E&K living retains the right to the agreed remuneration despite late cancellation or non-use of the service (no-show). E&K living is not obliged to credit the income from renting the rooms elsewhere or the saved expenses. If the rooms are not rented to someone else, E&K living can make a flat rate deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed overnight price. The customer is free to prove that the aforementioned claim did not arise or did not arise to the required amount. In addition, if the guest does not show up in the case of reservations guaranteed for several days, all further nights from the first night onwards will be canceled and the guest is not entitled to the following nights.
  2. If reservations are made on the day of arrival, the guest must pay for the stay immediately in accordance with §5, usually within an hour.

 

§4 ACCOMMODATION PRICES & OTHER PRICES


  1. The prices stated by E&K living at the time of conclusion of the contract are valid.
  2. Applicable and stated prices are gross and include all statutory taxes, fees and charges.
  3. Local taxes owed by the guest, such as tourist taxes, are not included.

 

§5 PAYMENT TERMS & INVOICING


  1. The price for the overnight accommodation booked by the guest must always be paid in advance by the guest.
  2. Offsetting by the guest is considered excluded unless the offsetting relates to an undisputed or legally established claim.
  3. Accepted means of payment are MasterCard, Visa, American Express, Sofortüberweisung/Klarna, Paypal or regular bank transfer. Cash payment is not accepted.
  4. E&K living 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 E&K living to do this.
  5. With a reservation, the guest agrees that the guest will receive their invoice digitally as a download or via email.

 

§6 POSSIBILITIES OF USING RESERVED APARTMENTS


  1. A reserved apartment is available for the period specified after booking.
  2. The keys, parking permits and/or key cards provided by E&K living are available on the day of departure to E&K living, a third party specified by E&K living or at the place designated by E&K living through signage and /or message to leave a designated storage location in the apartment. If a key, a key card or a parking permit is lost or if these items are not returned, a fee of €100.00 will be incurred. E&K living is further entitled to demand further compensation from the guest for the resulting damage if the damage exceeds €100.00. This also includes replacing the affected locking system if this is necessary for security reasons. The guest has the option of proving that E&K living suffered less damage or no damage at all.
  3. A later departure (late check-out) can be agreed between E&K living and the guest upon request and subject to availability. If E&K living agrees to the Late If you agree to check-out, E&K living is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. If consent is not given, E&K living 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 E&K living has agreed. If consent is not given, the guest owes compensation for any further damage in addition to the full price of the overnight stay. The guest has the option of proving that E&K living suffered less damage or no damage at all.
  4. The guest cannot derive a contractual right to a late check-out.
  5. An earlier arrival (early check-in) can be requested upon request Availability can be agreed between E&K living and the guest. If E&K living agrees to early check-in, E&K living is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual right to early check-in.


§7 Transfer, subletting, use


  1. Subletting or re-leasing the booked apartment is prohibited. This includes, in particular, the transfer of apartments or apartment contingents to third parties at prices higher than those stated by E&K living.
  2. Likewise, an assignment or sale of claims against E&K living is not permitted. In these cases, E&K living is entitled to cancel the reservation, in particular if the guest has provided untrue information to third parties about the type of booking or payment during the assignment/sale.
  3. The use of E&K living's apartments for purposes other than accommodation is expressly prohibited. This particularly includes any commercial or illegal use .The use of the apartments for commercial photo or video recordings is also prohibited without explicit consent. In the event of use for reasons other than accommodation, E&K living reserves the right to cancel the reservation without refunds and to vacate the rental property.

 

§8 LIABILITY OF E&K living


  1. E&K living has unlimited liability for damages resulting from injury to life, body or health for which it is responsible. E&K living is also liable for other damages that are based on an intentional or grossly negligent breach of duty by E&K living. In the case of simple negligence, E&K living is only liable and limited to the damage that is typically foreseeable in the contract if an obligation is violated, the fulfillment of which would prevent the proper execution of the contract in the first place and on whose compliance the guest can rely (cardinal obligation). A breach of duty by E&K living is equivalent to that of its legal representatives, employees or vicarious agents. Further claims for damages - unless otherwise regulated in these general terms and conditions - are excluded.
  2. In the event of disruptions or defects of E&K living's services, E&K living will endeavor to remedy the situation if the guest immediately complains or becomes aware of it. The guest is also obliged to do what is reasonable for him to remedy the disruption or defect and to minimize any resulting damage .In addition, the guest is obliged to immediately inform E&K living of the possibility of major damage occurring.
  3. E&K living is liable for items brought in in accordance with the statutory provisions. Any claim by the guest will lapse if he does not report the loss, destruction or damage to E&K living immediately after becoming aware of the loss, destruction or damage, with the exception that a late report has no impact on the clarification of the matter. In the event of the submission of Cash, valuables or other valuables with a value of more than €800.00 or other items with a value of more than €3,500.00 require a separate written agreement with E&K living. Otherwise, E&K living's liability for loss, destruction or damage to these means or objects is excluded.
  4. No storage contract is concluded if E&K living provides the guest with a parking space, whether for a fee or free of charge. This does not result in any monitoring obligation for E&K living. In the event of loss, theft or damage to parking spaces provided on the property and/or by parked or maneuvered motor vehicles, E&K living is only liable in the event of intent or gross negligence. The guest is liable for damages report immediately. In any case, obvious damage must be reported before leaving the parking space. E&K living is not liable for damage for which other guests or other third parties are solely responsible.
  5. Any claims against E&K living generally expire within 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 grossly negligent or intentional breach of duty by E&K living or in the event of breaches of a cardinal duty.
  6. E&K living assumes no liability for lost property. Liability due to intentional or grossly negligent breaches of duty by E&K living is excluded. Lost property will only be returned upon request for a fee and an additional processing fee of €15.00. E&K living undertakes to store lost property for a period of six months. Disposal then takes place.

 

§9 DEPOSIT


  1. In order to secure all claims of E&K living against the guest resulting from the accommodation contract, E&K living is entitled to collect the following security deposits/deposits from the guest before the apartments are made available:
  2. For a stay of less than three months, a deposit of €250.00 .
  3. For a stay of three to six months, a deposit in the amount of a monthly overnight stay.
  4. In the event of a stay of less than three months, E&K living is entitled to provide the deposit/security by pre-authorizing the payment method to cover the security deposit. If the guest pays the If the deposit/security is not provided, the guest has no right to stay in the apartment. If E&K living has left the apartment to the guest despite this, E&K living is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period will.
  5. E&K living is obliged to pay the deposit within one month of the termination of the accommodation contract.

 

§10 CUSTOMER DATA


  1. E&K living compulsorily collects and records the guest's email address and telephone number to ensure communication. Likewise, E&K living is entitled to digitally request a valid identification document upon check-in. For domestic guests this is an ID card or passport; for foreign guests it is always a passport.
  2. If the identity of a guest cannot be clarified beyond doubt due to missing or incorrect documents, E&K living is entitled to cancel the booking.
  3. To avoid fraudulent and defective bookings, E&K living uses software solutions that are activated using the data requested from the guest (e-mail address, telephone number, credit card details, address) determine a “Fraud Prevention Score” for each guest in order to identify fraudulent bookings. E&K living reserves the right to cancel a booking that has been marked accordingly by the system.

 

§11 TERMINATION OF THE ACCOMMODATION CONTRACT


  1. E&K living reserves the right and is entitled to terminate an accommodation contract for an important reason. In particular, an important reason exists if
  2. force majeure or other circumstances for which E&K living is not responsible make the fulfillment of the contract impossible.
  3. E&K living has reasonable grounds to believe that The use of the accommodation service can endanger either the smooth business operations, the security or the external image or the public image of E&K living and its locations, without this being attributable to the control or organizational area of E&K living.
  4. Bookings culpably made using misleading or false information or concealment of material facts; What may be important, but not exclusively, is the guest's identity, ability to pay or the purpose of the stay.
  5. The purpose or reason for the stay is illegal or serves residential prostitution.
  6. In the case of resale or subletting and/or remediation (see section 7).
  7. If the right of termination is exercised, E&K living must inform the guest immediately.
  8. The guest is not entitled to compensation in the event of justified termination by E&K living.
  9. If termination was made by E&K living due to a circumstance for which the guest is responsible or due to one Reason according to Section 1 above, E&K living is entitled to cancel or reject future bookings of the guest, even if these have already been confirmed by E&K living.

 

§12 VOUCHERS


  1. A voucher purchased from E&K living can only be redeemed for E&K living services. If there is any remaining credit left when paying with the voucher, it will remain and can be used for further bookings. Vouchers cannot be returned, are not resellable or transferable and are not redeemable in whole or in part for cash. The person ordering the voucher is responsible for providing the correct data (in particular e-mail address) to which the voucher and invoice should be sent.


§13 SMOKING PROHIBITION


  1. All E&K living apartments are non-smoking apartments. Smoking is strictly prohibited in the apartments and in common areas of E&K living. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices. Smoking on balcony and/or terrace areas is only permitted if there is appropriate marking and the door to the apartment is closed.
  2. In the event of a violation, E&K living has the right of the guest to demand compensation for the separately necessary cleaning costs, including any loss of sales resulting from an unreasonable re-letting of the apartment due to the incident, in the amount of at least €500.00. However, this amount of compensation must be set higher if E&K living proves greater damage. The guest has the opportunity to prove that E&K living suffered less or no damage at all. Tampering with or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations result in a fine of €150. This also applies to manipulation or switching off of security and decibel sensors within the apartment.
  3. E&K living is entitled to cancel an active booking with immediate effect and expel guests from the house if they are aware of violations 1 and 2 is obtained. In these cases there is no entitlement to a refund or partial refund. The guest has the opportunity to prove that E&K living suffered less damage or no damage at all.
  4. E&K living buildings may contain networked smoke detectors that are directly connected to the control center of the fire department or a security service. The guest is fully liable for the intentional or negligent activation of the fire alarm system (e.g. due to a violation of the smoking ban), but at least to the amount of the costs actually incurred (e.g. operational costs for the fire department or security service).


§14 Prohibition of parties and gatherings


  1. In principle, noise must be avoided in the booked apartment, the common areas and the surrounding area. Nighttime quiet must be observed from 10 p.m. to 7 a.m. (“quiet times”), unless different times are specified by the house rules. In E&K living apartments and common areas, holding parties and gatherings is strictly prohibited.
  2. In the event of a violation, E&K living has the right to demand compensation from the guest for the separately necessary cleaning costs, including any loss of sales resulting from an unreasonable re-letting of the apartment due to the incident, in the amount of EUR 500.00. This does not affect the right to further compensation. The guest has the opportunity to prove that E&K living suffered less damage or no damage at all.
  3. E&K living apartments may have decibel measurement sensors installed. These sensors do not record voices or conversations, but are used to detect excessive volume. Sensors for decibel measurement can also be installed in E&K living's common areas, i.e. hallways or other common areas, as can active video surveillance, which records 24/7 and stores it in a cloud environment.
  4. E&K living is entitled to cancel an active booking with immediate effect Guests are to be expelled from the house if they become aware of violations according to points 1 and 2. In these cases there is no entitlement to a refund or partial refund. The guest has the opportunity to prove that E&K living suffered less damage or no damage at all. E&K living reserves the right to use the services of a third party, for example a security service, to enforce house rules. Through any intervention by one Costs incurred by third parties will be passed on to the guest.


§15 DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY


  1. If damage occurs during the accommodation that goes beyond the contractual use or if inventory is removed from the unit without authorization, E&K living is entitled to compensation, which in particular includes the expenses for repairing the damage, including any loss of sales resulting from the apartment not being able to be rented out. Legal costs plus a processing fee of €50 for such a claim. The guest has the opportunity to prove that E&K living suffered less damage or no damage at all.


§16 PETS


  1. Bringing pets is not permitted in apartments and common areas. Exceptions are blind dogs, deaf dogs and other similar service dogs. These can be carried free of charge and at any time upon proof.
  2. The corresponding proof must be presented to E&K living before check-in. E&K living is entitled to make further exceptions to the aforementioned principle. The guest has no claim to this. If a pet stays in a unit without permission, a flat rate of EUR 150.00 will be charged by E&K living for a special cleaning fee. E&K living is entitled to cancel an active booking with immediate effect and to expel guests from the house if point 1 is violated present. In these cases there is no entitlement to a refund or partial refund. The guest has the option of proving that E&K living suffered less damage or no damage at all.


§17 MAINTENANCE


  1. By booking an apartment from E&K living, the guest undertakes to treat the apartment provided and certain rooms, facilities and facilities for shared use gently and carefully, to ensure adequate ventilation and heating, and to avoid gross contamination. If there is dirt that goes beyond normal use during the guest's stay or after their departure, E&K living has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). deliver. The guest has the opportunity to prove that E&K living suffered less damage or no damage at all.
  2. Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and suitability for use upon moving in and to immediately report any defects and complaints to E&K living.
  3. The guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and facilities intended for shared use, which he or his visitors have culpably caused through use in breach of contract and which cannot be attributed to normal wear and tear. All damage caused to the apartment provided The guest must report any damage to E&K living immediately.
  4. For bookings of more than 7 nights, E&K living is entitled to carry out weekly interim cleaning. The guest is obliged to grant the service provider or E&K living employees appointed by E&K living access to the apartment for this purpose.


§18 INTERNET USE


  1. E&K living provides the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.
  2. The guest may not misuse the internet connection. Misuse occurs in particular in the following cases: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming offers 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, trademark and personal rights of third parties when using the site. The guest releases E&K living upon first request from all claims and claims for damages from third parties as well as from the costs of legal defense in an appropriate amount that were caused by unlawful use of the provided Internet connection by the guest or by third parties with the knowledge of the guest. This claim for exemption covers, in particular, claims arising from the violation 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 E&K living internet connection to third parties. This also applies to the publication of any access data. In the event of a violation, the guest is liable to E&K living for all damage caused by passing on the access data.
  4. Furthermore, E&K living reserves the right to block the guest's Internet connection in the event of legal violations.


§19 DATA PROTECTION


  1. The data protection regulations can be viewed at: https://ek-living.de/de/data-protection/


§20 FINAL PROVISIONS


  1. Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these general terms and conditions must be in text form. This also applies to the cancellation of this text form clause. Unilateral changes or additions by the guest are invalid.
  2. The place of performance and payment is the registered office of the accommodation provider.
  3. The exclusive place of jurisdiction for commercial transactions is the registered office of the accommodation provider. If a contractual partner meets the requirements of Section 38 Paragraph 2 ZPO and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the accommodation establishment.
  4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
  5. Should a provision of this contract be or become invalid, void or become void, the validity of the remaining provisions will not be affected. Instead of the ineffective/void provision, the parties will make a provision that comes closest to the intended purpose of the ineffective/void provision. This also applies to filling any gaps in the contract.
  6. The accommodation provider is neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.

 


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