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General Terms and Conditions

for the serviced apartment establishment SOFI-Living-Apartments
Immogreat Hannover Ina Albrecht e.K. Alfred-Nobel-Str. 3, 30926 Seelze, Tax Number 27/203/18234

As of: December 31, 2022

– hereinafter referred to as “serviced apartment establishment/accommodation establishment” –

1. Scope of Application

  1. The following general terms and conditions apply to contracts for the rental provision of apartments for accommodation purposes, as well as all other services and deliveries provided by the establishment to the guest at Im Heidkampe 55, 30659 Hannover.
  2. Deviating provisions shall only apply if they have been individually agreed upon between the serviced apartment establishment and the guest.

2. Formation of Contract

  1. The accommodation contract is formed when the guest submits an offer (apartment booking) which is accepted by the serviced apartment establishment. Acceptance is confirmed by a booking confirmation.
    • The term “accommodation contract” encompasses and replaces the following terms: hotel admission, guest admission, hotel, and hotel room contract. It is irrelevant how the contract was formed (using distance communication means such as letters, faxes, telephone calls, emails, messages sent via mobile services (SMS), telemedia (contract in electronic commerce), or in the simultaneous physical presence of the guest or ordering party and a representative or vicarious agent of the accommodation establishment).
    • Offers from the accommodation establishment are subject to change and non-binding until contract conclusion. The accommodation contract is formed through acceptance of the guest’s offer by the accommodation establishment. The accommodation establishment is free to confirm the booking in text form. If a booking confirmation is no longer possible for timing reasons, the accommodation contract is formed by the provision of the room/apartment.
  2. If the room booking is made by a third party on behalf of the guest, that third party is jointly and severally liable with the guest to the serviced apartment establishment for all obligations arising from the acceptance contract, provided the serviced apartment establishment has received a corresponding declaration from the third party.
  3. Subletting or further letting of the provided apartments, as well as their use for purposes other than accommodation, require the prior written consent of the accommodation establishment. The same applies to occupancy of the apartments with more than the booked number of persons. In this case, the accommodation establishment is entitled to demand an appropriate price adjustment.

3. Prices and Services

  1. The serviced apartment establishment is obligated to provide the apartments booked by the guest in accordance with these General Terms and Conditions and to render the agreed services.
  2. The guest is obligated to pay the applicable or agreed prices of the serviced apartment establishment for the provision of the apartments and any additional services utilized. This also applies to services and expenses of the serviced apartment establishment toward third parties arranged by the guest or the ordering party.
  3. The agreed prices include the respective statutory value-added tax.
    • The price includes all ancillary costs including internet, basic cleaning every 7 days, and a welcome package upon arrival. Upon departure, a final cleaning fee of 90 EUR applies. For short-stay and mid-stay bookings, the final cleaning fee is waived. For long stays of 29 nights or more, a deposit of €1,500 applies.
  4. Prices may be changed by the serviced apartment establishment if the guest subsequently requests changes to the number of booked apartments, the services of the serviced apartment establishment, or the duration of the guests’ stay, and the serviced apartment establishment agrees to this.
  5. Invoices from the accommodation establishment without a due date are payable immediately upon receipt of the invoice without deduction. In the event of an agreement that payment will be made by a third party, the invoice must be settled immediately upon receipt; however, the guest concerned is personally liable for payment. The accommodation establishment is entitled to make accumulated claims due at any time and to demand immediate payment. In the event of default, the accommodation establishment is entitled to demand the applicable statutory default interest (currently 9 percentage points above the respective base rate or, in legal transactions involving a consumer, 5 percentage points above the respective base rate). In commercial transactions, the default interest rate is 9% above the base rate. The right to assert further damages is expressly reserved. For each reminder after default occurs, the hotel may charge a reminder fee of 10 EUR.
  6. The serviced apartment establishment is entitled to require an advance payment and a security deposit of €1,500 for stays of 29 nights or more at the time of contract conclusion or thereafter. The amount of the advance payment and its due date may be agreed in writing in the contract. The serviced apartment establishment is further entitled to make accumulated claims due at any time during the guest’s stay at the serviced apartment establishment by issuing an interim invoice and to demand immediate payment.
  7. The guest may only offset or reduce a claim of the serviced apartment establishment with an undisputed or legally established claim.
  8. Cash payments can only be accepted to a limited extent.

4. Services Not Utilized, Cancellation, Guest Withdrawal

  1. The serviced apartment establishment grants the guest the right to withdraw at any time. The following provisions apply:
    • In the event of the guest’s withdrawal from the booking, the serviced apartment establishment is entitled to reasonable compensation.
    • The serviced apartment establishment has the option of claiming a flat-rate cancellation fee from the guest instead of a specifically calculated compensation. The cancellation fee amounts to 90% of the contractually agreed price for overnight stays. For trade fair prices, 80% of the contractually agreed price.
    • If the serviced apartment establishment calculates the compensation specifically, the amount of compensation shall be a maximum of the contractually agreed price for the service to be provided by the serviced apartment establishment, less the value of expenses saved by the serviced apartment establishment and what the serviced apartment establishment gains through alternative use of the services.
  2. The above provisions regarding compensation apply accordingly if the guest does not utilize the booked apartment or the booked services without notifying the serviced apartment establishment in a timely manner.
  3. The claim for compensation does not apply if the serviced apartment establishment has granted the guest an option in the contract to withdraw from the contract within a certain period without further legal consequences; the serviced apartment establishment has no claim for compensation. Receipt of the withdrawal declaration by the serviced apartment establishment is decisive for timeliness. The guest must declare withdrawal in text form.

5. Hotel Withdrawal

  1. If the guest has been granted a free withdrawal right according to Section 4.3 in the accommodation contract, the serviced apartment establishment is also entitled to withdraw from the contract within the agreed period if inquiries from other guests for the booked rooms are received and the guest does not definitively confirm the booking upon inquiry by the serviced apartment establishment.
  2. If an advance payment or security deposit agreed according to Section 3.6 is not made within a deadline set for this purpose before check-in, the serviced apartment establishment is likewise entitled to withdraw from the contract.
  3. A right of withdrawal for objectively justified reasons from the contract remains unaffected. This exists in particular if
    • force majeure or other circumstances not attributable to the serviced apartment establishment make fulfillment of the contract impossible;
    • apartments are booked with misleading or false statements of material facts, e.g., regarding the identity of the guest or the purpose;
    • the serviced apartment establishment has justified reason to believe that use of the service may endanger the smooth business operation, security, or public reputation of the serviced apartment establishment, without this being attributable to the control or organizational sphere of the serviced apartment establishment;
    • unauthorized subletting or further letting according to Section 2.3 exists;
    • pets are brought without authorization;
    • a case under Section 6.3 exists;
    • the serviced apartment establishment becomes aware of circumstances that the guest’s financial situation has deteriorated substantially after contract conclusion, particularly if the guest does not settle due claims of the serviced apartment establishment or does not provide sufficient security and therefore payment claims of the hotel appear endangered;
    • the guest has filed an application for opening of insolvency proceedings over their assets, provided an asset disclosure according to § 807 of the Code of Civil Procedure, initiated an extrajudicial debt settlement procedure, or suspended payments;
    • insolvency proceedings over the guest’s assets have been opened or the opening thereof has been rejected for lack of assets or other reasons.
  4. The serviced apartment establishment must notify the guest of the exercise of the right of withdrawal immediately in text form.
  5. In the aforementioned cases of withdrawal, the guest has no claim for damages.

6. Arrival and Departure

  1. The guest does not acquire a claim to the provision of specific apartments unless the serviced apartment establishment has confirmed the provision of specific apartments in writing.
  2. Booked apartments are available to the guest from 3:00 PM on the agreed arrival date. The guest has no claim to earlier provision.
  3. Booked apartments must be utilized by the guest no later than 10:30 PM on the agreed arrival date. Unless a later arrival time has been expressly agreed, the serviced apartment establishment has the right to allocate booked apartments to other parties after 11:00 PM without the guest being able to derive compensation claims from this. The hotel has a right of withdrawal in this respect.
  4. On the agreed departure date, apartments must be vacated and made available to the serviced apartment establishment no later than 11:00 AM. Thereafter, in addition to any damage incurred, the accommodation establishment may charge 30% of the accommodation rate for additional use of the room until 2:00 PM, and 100% of the full applicable accommodation rate from 4:00 PM onward. The guest is free to prove to the serviced apartment establishment that no damage or substantially lower damage was incurred.
  5. If an issued key card is lost or not returned upon departure, a fee of €5.00 will be charged.
  6. If the level of soiling of a vacated apartment exceeds what can generally be described as normal, the accommodation establishment is entitled to charge an appropriate cleaning fee as extra costs. The guest is liable for damage caused by them, their companions, their visitors, or vicarious agents according to § 278 BGB to the accommodation facilities and for additional cleaning costs arising from non-compliance with non-smoking regulations.
  7. An extension of the stay beyond the period agreed in the accommodation contract is only possible after timely prior arrangement with the accommodation establishment. There is generally no entitlement to a contract extension.
  8. Damage occurring in the accommodation establishment during the stay must be reported by the guest immediately. The accommodation establishment will prepare a damage report. If damage is discovered in the apartment after the guest’s departure that the guest failed to report, the accommodation establishment reserves the right to charge the provided credit card with a security deposit of an appropriate amount.
  9. Pets are not permitted. Smoking in the booked apartments or premises of the accommodation establishment is generally not permitted. If the guest violates the smoking ban, they are obligated to compensate the accommodation establishment for the resulting damage. A contractual penalty of €150.00 becomes due in every case of violation of the smoking ban.

7. Liability

  1. The serviced apartment establishment is liable in cases of intent or gross negligence according to statutory provisions. For slight negligence, the serviced apartment establishment is liable exclusively for injury to life, body, or health or for breach of essential contractual obligations. However, the claim for damages for slightly negligent breach of essential contractual obligations is limited to the contract-typical, foreseeable damage, unless liability exists for injury to life, body, or health. The organizer is liable for the fault of vicarious agents and representatives to the same extent.
  2. The provision of the preceding paragraph (8.1) extends to damages in addition to performance, damages instead of performance, and claims for reimbursement of futile expenses, regardless of the legal basis, including liability for defects, delay, or impossibility.
  3. If a parking space in the accommodation parking garage or in the accommodation parking lot is made available to the guest, even for a fee, this does not constitute a custody contract. The accommodation establishment is not liable for loss or damage to motor vehicles parked or maneuvered on the accommodation premises and their contents. The accommodation establishment has no duty of supervision.
  4. Should disruptions or defects occur in the services of the accommodation establishment, the accommodation establishment will endeavor to remedy them upon becoming aware. The guest undertakes to do what is reasonable to eliminate disruptions and to minimize possible damage.
  5. The guest is obligated to report any defects immediately, at the latest upon departure, to the accommodation establishment. Claims of the guest must be asserted in text form to the accommodation establishment within one month after the contractually scheduled completion of service provision. The limitation period for the guest’s claims follows statutory provisions.
  6. For items brought in, the accommodation establishment is liable to the guest according to statutory provisions. In case of damage or loss, liability is limited to one hundred times the room/apartment price per day, but not exceeding €1,500. For money, valuables, and precious items, €600.00 replaces €1,500. Items or materials left by the guest in publicly accessible areas of the accommodation establishment, including technical facilities, are only considered brought in if they are expressly taken into custody by an employee of the accommodation establishment. In the rooms/apartments, what the guest entitled under the contract has brought in is considered brought in. Liability of the accommodation establishment is excluded for items not brought in.
  7. Messages, mail, and shipments for guests are handled with care. The serviced apartment establishment undertakes delivery, storage, and—upon request—forwarding of the same for a fee, as well as lost and found items upon inquiry. Claims for damages, except for gross negligence or intent, are excluded.
  8. If the accommodation establishment procures third-party services, technical or other facilities from third parties for the guest, it acts in the name and on account of the guest. The guest is liable for careful treatment and proper return of the facility and indemnifies the accommodation establishment from all third-party claims arising from the provision of this facility.

8. Guest Liability

  1. The guest is obligated to treat the premises and facilities with care. Without prejudice to further claims, the guest is liable in particular for
    • willful damage or destruction of furnishings;
    • damage caused by overflowing shower trays or sinks;
    • damage caused by triggering the fire alarm, particularly through unattended stoves, toasters, microwaves, etc., by leaving pots, pans, kettles, etc. on switched-on hotplates, by unauthorized smoking, open flames, incense sticks, candles, smoking rituals, etc., by ironing on carpet, bed, or by unsupervised children or pets.
  2. The above list is for clarification and is not exhaustive. Further claims of the accommodation establishment may exist.

9. VIDEO SURVEILLANCE

Individual areas of our establishment are video-monitored and marked accordingly. The guest always has the opportunity to obtain information about the type, scope, and duration of storage of video recordings from the establishment management.

10. EU Consumer Dispute Resolution

In accordance with statutory obligations, the accommodation establishment notes that the European Commission has established a platform for online dispute resolution (“ODR platform”): https://www.ec.europa.eu/consumers/odr. However, the accommodation establishment does not participate in dispute resolution proceedings before consumer arbitration boards.

11. Final Provisions

  1. The law of the Federal Republic of Germany applies.
  2. Place of performance and payment is the registered office of the accommodation establishment.

Hannover, December 31, 2022