General Terms and Conditions for the Accommodation Contract
As of 01.09.2021,
concluded between Truth Apartments, Owner Arijon Kamaj, Schlangenstr. 4, 44319 Dortmund
– hereinafter referred to as the “Provider” – and the guest of the Provider – hereinafter referred to as the “Guest.”
§ 1 Scope of Application
(1) These General Terms and Conditions apply to the accommodation contract between the Provider and the Guest as well as to all other services and deliveries provided to the Guest. (2) The contractual relationship between the Provider and the Guest is governed solely by the following General Terms and Conditions in their version valid at the time of booking. Deviating general terms and conditions of the Guest will not be recognized unless the Provider explicitly agrees to their validity in text form.
§ 2 Conclusion of Contract
(1) The Guest sends a booking request to the Provider, which, upon acceptance by the Provider in the form of a booking confirmation, leads to the conclusion of an accommodation contract – hereinafter referred to as the “Contract.” (2) The contracting parties are the Provider and the Guest. If a third party submits the booking request for the Guest, that third party is liable to the Provider, along with the Guest, as joint and several debtors. (3) Subletting and further renting of the booked room by the Guest require the Provider's consent in text form.
§ 3 Services, Prices, Payment
(1) The Provider is obligated to keep the apartment corresponding to the booking available and to provide other agreed services or deliveries. (2) The Guest is obligated to pay the agreed fee for the provision of the apartment and other services and deliveries, as well as any expenses incurred by third parties in connection with the provision of agreed services or deliveries. (3) If no specific prices are agreed upon in the Contract, the prices typically charged by the Provider at the time of contract conclusion are considered agreed. The agreed prices include statutory VAT. Local taxes, such as the tourist tax, owed directly by the Guest under local law, are not included. (4) Subsequent changes to the booking by the Guest, regarding the number of rooms and/or nights or other services, require the Provider's approval. The Provider may make approval contingent on a price increase. (5) Invoices issued by the Provider to the Guest are payable immediately upon receipt. (6) The Provider reserves the right to demand an appropriate security deposit, in the form of a prepayment or credit card guarantee, in accordance with legal provisions, at the time of contract conclusion or on the first day of service provision.
§ 4 Cancellation, Termination
(1) If no right of withdrawal is expressly agreed upon in the Contract, the Guest has no right to withdraw from the concluded Contract. Statutory rights of withdrawal remain unaffected. Otherwise, our cancellation policy applies. (2) If the Guest fails to provide a required security deposit as per
§ 5 (5), the Provider has the right to terminate the Contract if a reasonable grace period for providing the security deposit has been set in advance. (3) The Provider is also entitled to terminate the Contract in the following cases: In case of unforeseeable force majeure at the time of contract conclusion, which makes contract fulfillment impossible or unreasonably difficult, dangerous, or obstructed. If false information is given in bad faith at the time of booking, especially regarding personal information and the number of guests. Unauthorized subletting or further renting as per § 2 (3) by the Guest. (4) On the departure day, the Guest must vacate and return the booked apartments by no later than 11:00 a.m. This includes returning all keys provided to the Provider (depending on arrangements with the host). (5) In case of delayed apartment return, the Provider is entitled to charge the Guest a reasonable usage fee. The Provider reserves the right to claim further compensation for damages resulting from delayed return.
§ 6 Liability of the Provider
(1) The Guest must report any disruptions or defects to the Provider as soon as possible. (2) If the Provider is unable to remedy the issue due to the Guest’s failure to report under paragraph 1, the Guest is not entitled to reduce the agreed fee. (3) Claims for damages by the Guest are excluded. Exceptions are claims for damages arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations) and liability for other damages based on intentional or grossly negligent breach of duty by the Provider, its legal representatives, or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the contract's objective. (4) For breach of essential contractual obligations, the Provider is only liable for the foreseeable, contract-typical damage if caused by simple negligence, unless the Guest's claims for damages arise from injury to life, body, or health. (5) The liability limitations in paragraphs 3 and 4 do not apply if the Provider has fraudulently concealed a defect or assumed a guarantee for the quality of the item. The same applies if the Provider and the Guest have agreed on the quality of the item. The provisions of the Product Liability Act remain unaffected.
§ 7 Final Provisions
(1) This Contract between the Provider and the Guest is governed by the law of the Federal Republic of Germany, excluding the UN Sales Law. Statutory provisions on the restriction of choice of law and the applicability of mandatory provisions, especially of the state in which the Guest, as a consumer, has their habitual residence, remain unaffected. (2) If the Guest is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is NRW, Germany. (3) The place of fulfillment and payment is the Provider's registered office. (4) The Contract remains binding in its remaining parts even if individual provisions are legally ineffective. Statutory provisions replace the ineffective provisions where applicable. However, if this would result in unreasonable hardship for a contractual party, the Contract becomes invalid as a whole.
