(Owners: Arnd Wiener, Leonard Hertel)

§ 1 Scope of Application
Berlin Appartement offers fully and tastefully furnished apartments in several locations in Berlin for temporary rental. The following General Terms and Conditions shall apply to all rental agreements between Berlin Appartement and any lessee of its apartments.

§ 2 Entering into Agreement
(1) The services described on our website are to be regarded as items in a mail order catalogue and as such do not constitute a binding offer to enter into a contract. By completing the online form and submitting to Berlin Appartement your personal data and your desired duration of stay, you are sending a non-binding enquiry regarding the availability of the desired apartment for the desired period of time.
(2) Upon receiving your enquiry, Berlin Appartement will immediately send you an automatically generated confirmation e-mail, which includes our General Terms and Conditions in plain text format. In addition, Berlin Appartement will send you a separate e-mail to either confirm the availability of the desired apartment for the requested time or make an alternative offer. In either case, this shall be deemed as a binding offer to enter into an agreement.
(3) You are asked to confirm the offer by e-mail. Accepting an offer constitutes a legally binding agreement. Please send the confirmation e-mail within 48 hours, at which time Berlin Appartement will reserve the apartment for you.
(4) Prices for renting your apartment are as stated in the current price list, which can be found on our website. The respective rental price shall be part of the agreement.

§ 3 Reservation, Payments, Deposits
(1) Any agreement is made on the condition that you transfer 50% of the total rental price to Berlin Appartement within and no later than 3 days after accepting the offer, in such a way that the payment is transferred to Berlin Appartement's designated bank account no later than 5 days after accepting the offer.
(2) The total rental fee is payable in full upon booking and must be either transferred to our bank account prior to your arrival or paid in cash with the handover of the keys. You may also arrange to pay the rent in instalments. Particularly when renting for more than 2 months, payments may be made in advance for the following month.
(3) Methods of payment: Payments can be made by bank transfer or in cash.

§ 4 Cancellation / Withdrawal from an Agreement
(1) In general, you may withdraw from the rental agreement at any time prior to commencement date. Please give notice of your intention to do so in writing, such as by e-mail, as early as possible. An apartment specifically reserved for you is no longer available for booking by others. We therefore reserve the right to charge a cancellation fee, unless you withdraw from the agreement no later than 27 days prior to the commencement date.

The following cancellation fees apply:

• Cancellation less than 27 days prior to commencement:
   20% of the total rental fee
• Cancellation less than 15 days prior to commencement:
   40% of the total rental fee
• Cancellation less than 10 days prior to commencement:
   60% of the total rental fee
• Cancellation less than 5 days prior to commencement:
   80% of the total rental fee
• Cancellation less than 4 days prior to commencement:
   100% of the total rental fee

No cancellation fee shall be charged if you exercise your rights under paragraph 13 of these Terms and Conditions.
(2) In the event of cancellation, Berlin Appartement will immediately refund any deposit paid, less any cancellation fees levied. Where the cancellation fee exceeds the deposit Berlin Appartement will invoice the amount in question to be paid by bank transfer.
(3) Early departure does not warrant any refund of rent or deposit.
(4) If the apartment you selected is unexpectedly unavailable, there is no entitlement to a comparable offer. Berlin Appartement will reimburse you any additional costs incurred thereby only if Berlin Appartement is responsible for the booked apartment not being available. Your right to reduce the rent or to terminate the agreement without notice shall remain unaffected thereby.

§ 5 Check-in and Check-out
(1) Check-in hours are 2:00 to 8:00 PM on the day of arrival. The exact check-in time is agreed upon prior to your arrival. In the event that you have not arrived at the apartment by 10:00 PM and there is no agreement in this regard, Berlin Appartement shall reserve the right to rent the apartment to other clients.
(2) Please note that you are required to vacate the apartment by 11 AM on check-out day. You are asked to leave the rooms in a tidy condition. Berlin Appartement shall be responsible for the final cleaning.
(3) Flexible arrival and departure times can be arranged whenever possible.
(4) On the day of the handover of the keys, please present to Appartement your ID or passport. Failing to do so may result in the keys being withheld.

§ 6 Use of the Rented Property
(1) Berlin Appartement places great emphasis on providing high-quality furnishings and a welcoming atmosphere. In order to ensure the same level of service for other clients, you must use the rented apartment only for the purpose specified in the rental agreement.
(2) You may not bring pets or any other animals to the apartment without prior consent.
(3) Smoking in the apartment is prohibited.
(4) The rental agreement is made between you and Berlin Appartement. You may not assign or sublet the rented apartment to third parties without prior consent of Berlin Appartement.
(5) You may not make any modifications to the furnishings and equipment of the apartment or the apartment itself without prior consent of Berlin Appartement.

§ 7 Mutual Responsibilities
(1) Berlin Appartement endeavours to provide high-quality, tasteful furnishings in the apartments. You are therefore asked to treat the interior with care. Berlin Appartement will hold you financially responsible for any damages to the furnishings or equipment beyond normal wear and tear. The same applies to any and all damages caused by your guests or any other persons within your area of responsibility.
(2) You assume full liability for any risks within your area of responsibility. Specifically, you are asked to take proper care for adequate heating and airing out of the apartment.
(3) On check-in, please check for any existing damages to the equipment and furnishing of the apartment. Notice of defects must be given on the first day of occupancy. You agree that failure to give notice of defects will be regarded as conclusive evidence that you are responsible for having caused any such defects. The obligation to give notice of defects immediately remains in force during the time of occupancy. Berlin Appartement only assumes liability for any material defects apparent at the time of signing the rental agreement if such defects are caused by Berlin Appartement. Thus, you agree to waive any liability claims for damages and reimbursement of expenses due to a defect under Section 536a I of the German Civil Code (BGB).
(4) You assume full responsibility for any items you bring to the apartment. Berlin Appartement shall not accept any liability for any stolen or damaged personal items.
(5) You agree to assume full liability for any improper use of the internet access provided to you by Berlin Appartement. In addition, you agree to indemnify Berlin Appartement from any third party claims resulting from any such improper use.
(6) Berlin Appartement shall assume liability for any risks within its own area of responsibility. In cases of slight negligence, Berlin Appartement shall not be liable unless a breach of a material contractual obligation (‘cardinal obligation’) occurs, or in case of any injury of life, personal injury or injury to health. In the event of a pre-contractual, contractual or extra-contractual breach of duty, Berlin Appartement shall only be liable for damages resulting from wanton acts or gross negligence. The same applies to cases where Berlin Appartement uses the services of third parties to perform its duties. In addition, Berlin Appartement shall only be liable for reasonably foreseeable damages, as well as for damages typical of this type of agreement. Berlin Appartement shall accept no liability for unforeseeable, unavoidable and unusual interferences with the performance of its contractual obligations caused by force majeure. For these purposes, force majeure are any circumstances beyond the control of Berlin Appartement.

§ 8  Privacy and Entering the Rental Unit
Berlin Appartement respects and protects your privacy. We enter your apartment only when necessary to avoid imminent danger, or with your explicit consent.

§ 9 End of Rental Period and Final Cleaning
You agree to return all keys handed over to you and leave the apartment in a tidy condition at the end of the rental period. Berlin Appartement shall be responsible for the final cleaning. In the event that the furnishings or equipment are soiled beyond normal wear and tear, Berlin Appartement is entitled to be compensated by the lessee for any additional costs of cleaning above the base cleaning charge as specified in the price list forming part of the rental agreement.

§ 10  House Rules
The lessee agrees to obey the House Rules. A copy of the House Rules is available in each apartment. You are specifically asked to be mindful of other occupants in the building and to observe the quiet hours after 11:00 PM. Partying is not allowed. When leaving the apartment, please be sure to lock the front door and close all windows. If possible, please also switch off any unattended electric appliances.

§ 11 Registration
(1) In order to comply with the provision of the German Registration Law, all lessees are required to fill in and sign a purpose-designed guest registration form. All information provided must be accurate and complete. For this purpose, please bring your ID or passport.
(2) The guest registration form is kept safe by Berlin Appartement and not passed on to third parties.
(3) You agree to ensure that any and all persons staying at your apartment are named on your guest registration form.

§ 12 Your Data/Data Protection
Your data is safe with us and is not disclosed to third parties. We only use your personal data in accordance with the purposes of the rental agreement (see Section 28 of the German Federal Data Protection Act (BDSG)). You hereby acknowledge and agree that your data may be used in the manner specified above. Berlin Appartement will disclose your private data only if there is a legal obligation to do so, for example, if requested by authorities.

§ 13 Right of Revocation
The rental agreement is entered into solely by the use of means of distance communication. According to Section 312 in conjunction with Section 355 of the German Civil Code (BGB), you are given a right of revocation. We are legally obliged to instruct you on your right of revocation:

Your right of revocation: You may revoke your declaration of intention to enter into the agreement. The revocation must be declared to Berlin Appartement within two weeks in text form (letter, fax, e-mail, etc.), but need not contain any grounds for revoking your declaration of intention. The revocation period begins no earlier than when you have been informed of this instruction of the right of revocation and no earlier than the rental agreement is entered into. To meet this time limit, dispatch of the revocation in good time is sufficient.

Please declare your revocation to:
By mail: Berlin Appartement Gbr, Arnd Wiener + Leonard Hertel, Heckmannufer 9, 10997 Berlin
By e-mail: info@berlin-appartement.net
By tel: +49 157 73855235.

Legal consequences of revocation: If there is a right to revocation, both parties shall return any goods and/or reimburse any payments received under the agreement. (If you are unable to return that which was received in whole or in part, or only in a deteriorated condition, you must pay compensation for the value of that which was returned. You must meet your obligations to make reimbursements of payments within 30 days after sending your declaration of revocation.)

§ 14 Final Provisions
(1) All agreements shall be governed by the law of the Federal Republic of Germany.
(2) Place of fulfilment shall be Berlin, Germany.
(3) If any clause of this Agreement is found to be defective or unenforceable, the remainder of this Agreement shall remain in full force and effect.