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© TopDomizil Vacation Service GmbH

(Office) Platz vor dem Neuen Tor 1B
10115 Berlin
T:+49 (0)30 / 9 22 77 207
E: info@topdomizil.de
 
 

General terms and conditions

[Note: This document is an English translation is of a German legal document, and thus only the original German version should be used for legal purposes, explanations, and analysis, including precedents.]

General terms and conditions of TOPDOMIZIL Vacation Service GmbH for apartment rentals

  1. Rental Policy
    1.1 These terms and conditions are applicable to all contracts for the rental of furnished apartments to be used for residential purposes, as well as any unanticipated further goods and/or services provided by TOPDOMIZIL Vacation Service GmbH (the landlord), hereinafter referred to as TOPDOMIZIL.
    1.2 Subletting or re-letting of the rooms, as well as the usage of the area for anything other than residential purposes must be approved prior to rental in writing by TOPDOMIZIL.
    1.3 Terms and conditions are only applicable when agreed upon in writing before the rental.
    1.4 If these General terms and conditions are not available at the time of registration, TOPDOMIZIL will send them with the booking confirmation. If the Renter does not immediately raise any concerns or objections, all of the contract’s conditions will be applicable.
  2. Termination of the contract, the contractual partners and the statute of limitations
    2.1 With a confirmed reservation, the Renter is bound until the end of the contract (according to §§ 535ff BGB). The contract comes into effect when the Renter accepts TOPDOMIZIL’s offer, receives the reservation confirmation and transfers the advance to TOPDOMIZIL and/or transmits their credit card number accompanied with the expiry date to TOPDOMIZIL.
    2.2 TOPDOMIZIL reserves the right to confirm apartment bookings in writing. A group booking (three apartments or more) is binding only with written confirmation prior to booking through TOPDOMIZIL.
    2.3 The contractual partners are TOPDOMIZIL and the Renter. If a third party places the booking for the Renter, they will both be liable for the terms and conditions as outlined in this contract, provided TOPDOMIZIL supplies said declaration to the third party.
    2.4 All claims against TOPDOMIZIL must be registered with TOPDOMIZIL within one year – dependent on the regular Time Barring term of § 199 Abs. 1 BGB. Claims of damage or compensation must be filed within five years. Changes to these time frames are not applicable to claims that deliberately or in gross negligence breach the obligations of TOPDOMIZIL.
  3. Services, Prices, Payment, Waiving
    3.1 TOPDOMIZIL is responsible for keeping the booked apartment(s) free and to deliver the agreed-upon services. For the outline of the contractual services, the service description of the corresponding offer is binding, same as this contract outline is, as well as the information referred to in the booking confirmation and the rental contract. TOPDOMIZIL offers apartments meant for a specific number of people to stay overnight. Food services are not included.
    3.2 In exceptional cases TOPDOMIZIL is authorised to arrange replacement apartments and/or rooms in other buildings. So that there is an understanding, the Renter has claim only on the lodging in the specific building. In the case where TOPDOMIZIL itself is not the operator, TOPDOMIZIL will simply be the facilitator; in this case the contract then will be between the Renter and Owner of the apartment.
    3.3 The Renter is responsible for paying for the use of the apartment and any additional services that are requested of TOPDOMIZIL. This applies also to services caused by the Renter and expenses acquired by renting to a third party.
    3.4 The relative service cost is a flat fee per apartment and is due signing of the contract according to the arranged rental period. The fixed price in the rental contract applies for the use of the apartment during the agreed length of time. Any additional services are calculated separately.
    3.5 For a shortening of the length of stay, the corresponding prices in the most current price list will be applicable.
    3.6 The arranged prices include the relative regulated value added tax. If the time between the closure of the contract and the fulfilment of the contract is longer than 12 months and TOPDOMIZIL increases the total calculated price for such services, then the contractually arranged price can be recalculated and increased by a maximum of 5%.
    3.7 Prices can be changed further by TOPDOMIZIL when the Renter wishes to make changes to the number of booked apartments or occupants, the requested services of TOPDOMIZIL or the length of stay of guests after the contract has been signed by both parties and with the prior consent of TOPDOMIZIL.
    3.8 Upon both parties agreeing on the terms of the contract and the receipt of the booking confirmation, an advance payment of 20% of the rental price is immediately payable. With a single booking (up to two apartments) the amount is due within 10 days, for a group booking (three or more apartments) it is due within 14 days, after the signing of the contract and is payable to TOPDOMIZIL.
    3.9 If no payment is made by the appropriate deadline, TOPDOMIZIL reserves the right to end the contract and the option to rent the object to another party. At this point the Renter has lost all rights to any claims of indemnity or loss.
    3.10 On the day of arrival the balance of the rental cost becomes due with the handing over of keys to the Renter. Should the remaining rental price not be received by TOPDOMIZIL before the arrival day or is not paid upon receipt of the keys, TOPDOMIZIL reserves the right to terminate the contract. TOPDOMIZIL has the option to rent the object to another party at this point and the Renter loses all rights to any claims of indemnity or loss.
    3.11 With a length of stay of 28 days and longer, the rental prices named in 3.4, 3.5, 3.6 and 3.7 are the monthly price. The rental price for the following month is due on the third day of the month. TOPDOMIZIL reserves the right to cancel the contract without notice if the Renter defaults on payment of the rent for longer than 7 days.
    3.12 The Renter can only counter, deduct or mar with an undisputed or legally binding claim against a claim from TOPDOMIZIL.
  4. Changes/Replacement Tenants
    4.1 Changes requested by the Renter are done without penalty. If there is a change to the length of stay, it is treated as a cancellation of the original dates following with a booking of the new dates (see 5 below). Changes are possible at any time.
    4.2 Until the beginning of the rental, any Renter can be replaced by a third party, with prior approval from TOPDOMIZIL. TOPDOMIZIL reserves the right to refuse the change of Renters, in the case that the third party Renter is opposed to the legal and official rules
  5. Withdrawal/termination of the contract by the Renter (cancellation, reversal)/non-utilization of the services of TOPDOMIZIL (no show)
    5.1 The Renter can rescind at any time on the contract under consideration of the terms in section 5.2.
    5.2 Withdrawal must be done in writing. TOPDOMIZIL may accept or decline the withdrawal request.
    5.3 Withdrawal from the contract bears no penalty if done within one day of receiving the confirmation. However, two days after the confirmation is received or transmitted, the following cancellation fees come into effect:
    • 31 days or more prior to the beginning of tenancy, 20% of the arranged rental price;
    • from the 30th day before the beginning of tenancy, 35% of the arranged rental price;
    • from the 15th day before the beginning of tenancy, 50% of the arranged rental price;
    • from the 7th day before the beginning of tenancy, 80% of the arranged rental price;
    • and from the arrival date and/or with no shows, 100% of the arranged rental price.
    5.4 With an open ended residency longer than 30 days, notice of ending the tenancy must be given 60 days before the last day of tenancy
  6. Withdrawal/termination of the contract by TOPDOMIZIL
    6.1 Providing that a free withdrawal for the Renter is arranged in writing for a specific period, TOPDOMIZIL has the right during this time to terminate the contract if other potential Renters make a request for the contractually booked rooms and the Renter neither abandons his claim to the apartment nor confirms his booking when contacted by TOPDOMIZIL.
    6.2 If TOPDOMIZIL arranges a change to the payment schedule as outlined in section 3.8 and it is missed, TOPDOMIZIL reserves the right to withdraw from the contract. (This also applies to the corresponding sections 3.9, 3.10 and 3.11).
    6.3 Further, TOPDOMIZIL has the right to terminate the contract, and the Renter, subject to factually justified reasons, such as:
    • Act of God or other circumstances that are not outlined by TOPDOMIZIL which make it impossible to fulfil the terms of the contract;
    • Apartments booked with false or deceptive information;
    • TOPDOMIZIL is reasonably justified in assuming that the requested services, the security of other renters or employees in the residence, as well as the public reputation of TOPDOMIZIL are put at risk, not withstanding the territory or the organisation TOPDOMIZIL;
    • A breach of section 1.2 (subletting and re-letting).
    6.4 TOPDOMIZIL must immediately inform the Renter when exercising Termination/Cancellation rights.
    6.5 Upon the justified termination or cancellation of the contract by TOPDOMIZIL, the Renter retains no right to claims of indemnity or loss
  7. Guarantee
    7.1 Potential defects of the rented area are to be brought immediately to the attention of the rental office after they are noted. If TOPDOMIZIL does not correct the defect or otherwise remedy the matter in a reasonable amount of time, the Renter may demand a proportional reduction in rent. Minor damages do not constitute a reduction in rent.
    7.2 The service personnel are not authorized to accept claims
  8. Preparation, handover and return of the apartment
    8.1 The Renter has no claim on a specific apartment, as long as the apartment is in the same housing area and is of the same quality. TOPDOMIZIL reserves the option of offering an alternative apartment of higher quality.
    8.2 Booked apartments are available to the Renter after 3pm on the arranged arrival day. The Renter has no entitlement to earlier access.
    8.3 On the arranged departure date, the apartments must be vacated by 11am. In order to recover any incurred damages due to additional use of the apartment, TOPDOMIZIL has the option to charge 50% of the full listed price if not vacated before 6pm, and 100% if vacated anytime thereafter. The Renter has the option to inform TOPDOMIZIL so that there is little-to-no incurred damages
  9. Liability of TOPDOMIZIL
    9.1 TOPDOMIZIL is legally responsible for its duties as outlined in the contract with the diligence of an orderly businessperson. Claims of indemnity by the Renter are not possible. The only exception to this is damage caused by loss of life, bodily harm or health issues or if TOPDOMIZIL either deliberately or unknowingly neglects his duties he is responsible for and miscellaneous damages arise out of it. A breach of duty by TOPDOMIZIL is the same for statutory replacements or assistants. Should a defect or disturbance of services provided by TOPDOMIZIL occur, TOPDOMIZIL accepts the duty of reconciling the issue, regardless if informed by the Renter or through other means. The Renter is responsible to reasonably contribute to repairing the fault and to minimize possible damages.
    9.2 For personal belongings brought into the apartments, TOPDOMIZIL insures the Renter, according to the legal regulations, up to one hundred times the cost of the room rented, to a maximum of €1,000.00. For cash, bonds and precious objects, coverage is up to a maximum of €300.00. The claim of liability is lost if the Renter does not immediately notify TOPDOMIZIL of the loss, vandalism or damage (§ 703 BGB). For further liabilities of TOPDOMIZIL, the following section 10.1 is applicable.
    9.3 Insofar as the Renter has a parking place in an underground parkade or car park that belongs to the residence, where parking charges may be applicable, TOPDOMIZIL bears no responsibility for loss or damage. With loss or damage to automobiles parked on the property of the residence or removed automobiles and their contents, TOPDOMIZIL is not responsible except if it occurred with intentional or gross neglect. The following section 10.1 is correspondingly applicable.
    9.4 Messages, mail and shipping of goods are handled with care for guests. TOPDOMIZIL takes over delivery, storage, and – upon request – the forwarding of such items with fees to be charged
  10. Liability of the Renter
    10.1 The Renter has the exclusive use of the rented area for the contractually agreed upon purpose and is responsible to treat it with care. During the tenancy, the Renter is to conduct him/herself so as to avoid the disruption of other Renters and/or damages to the establishment.
    10.2 If the Renter or someone in his company gives reason for another renter to complain, or the rental area is used for actions that are contrary to the contract, the applicable responsible party may be correspondingly warned. By disregard of this warning and continuation of the problem, TOPDOMIZIL reserves the right to cancel the rental contract according to § 553 BGB without notice.
    10.3 For damages that occur after the handing over of the apartment to the Renter, the Renter is liable, only insofar as they are not due to a circumstance that was caused by TOPDOMIZIL.
    10.4 The Renter grants representatives of TOPDOMIZIL the right to enter the apartment during the length of the contract, in order to ensure adherence to the contract as well as the condition of the apartment, and to make repairs.
    10.5 With the arrival the Renter, receipt of the key is confirmed. The key must be returned upon departure. If the key is lost, the cost of changing the locks becomes payable by the Renter in the estimated amount of €100.00.
    10.6 If the damages are only noted after vacating the rental area, TOPDOMIZIL will immediately create a damage report after assessment (normally when the apartment is being prepared for the next guest) and a copy of this report will be made accessible by enclosing a written copy of the damages to the Renter. The Renter is liable for all damages, whether discovered during or after their tenancy.
    10.7 Should the credit card number of the Renter be available, TOPDOMIZIL reserves the right to charge the credit card for any resulting damages.
    10.8 Bringing materials for decoration into the apartments is only permissible with prior agreement from TOPDOMIZIL. The Renter is responsible for acquiring decorating approval. The Renter alone is liable for the type of decorations supplied and does not make third party demands of TOPDOMIZIL.
    10.9 The Renter acknowledges that he, on behalf of the Renter whom he took responsibility for or ordered services on behalf of, assumes complete personal liability.
  11. Closing Statements
    11.1 Changes or additions to the contract must be submitted in writing and agreed upon by all parties. One-sided changes or additions from the Renter are invalid.
    11.2 Exclusive place of jurisdiction for all business transactions is the headquarters of TOPDOMIZIL, which also applies to all business transactions for the Renter who has no jurisdiction in their home country. This also applies for cheque payments and payment disagreements.
    11.3 Should individual clauses from these General Terms and Conditions become or prove to be inoperable or void, the validity of the remaining clauses remains untouched. In all other cases legal regulations apply.

     

    Date: January 20, 2007



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