General Terms and Conditions of the ElbQuartier Apartments Magdeburg
Section 1 – Booking Confirmation
The Guest Accommodation Agreement with the ElbQuartier Apartments Magdeburg, Speicherstrasse 5, 39106 Magdeburg, Germany, shall be deemed to be concluded when the Guest has reserved a holiday apartment and the Landlord has confirmed this reservation. Confirmations of reservations are binding in both verbal and written form. Both the Guest and the Landlord are obliged to comply with the Guest Accommodation Agreement.
The Guest must check that the booking confirmation received is correct. If the content of the booking confirmation deviates from the booking enquiry and the Guest does not immediately object to these differences, the content of the booking confirmation shall be deemed to be contractually agreed.
Section 2 – Advance Payment
Unless agreed otherwise, the advance payment of 50% of the overall fee for the holiday apartment must be transferred to our bank account within 10 days of receipt of the booking confirmation. The outstanding balance must be paid up to 10 days before arrival or in cash when the Guest arrives at the holiday apartment. In the case of bookings made at short notice, the entire fee must be paid in cash when the Guest arrives at the holiday apartment according to prior agreement. No deposit will be charged in the case of short-term stays.
Section 3 – Rental Period
The holiday apartment will be available from 4:00pm on the day of arrival. Guests are not entitled to claim damages if the holiday apartment cannot, by way of exception, be prepared for their arrival on time by 4:00pm. Guests must leave the holiday apartment by 11:00am on the day of departure.
Section 4 – Rental Property
The holiday apartment will be rented out with its full inventory. Any missing items, defects or damages must be immediately reported to the Landlord up to 24 hours after arrival at the latest. After this deadline, any damaged or missing items must be replaced. All items and objects in the holiday apartment must be handled with care and are only intended to remain in the holiday apartment. Guests are liable for any damages caused as a result of the culpable breach of their obligations to treat items with care and report any damages, especially in the case of the improper use of technical equipment and other fixtures and fittings. Guests are also liable for any damages caused by the individuals travelling with them. This provision excludes any damages caused as a result of force majeure.
Section 5 – Use
The number of individuals specified in the description is the maximum number of people permitted to stay in the holiday apartment. Animals are not allowed in the holiday apartments or on the ElbQuartier Apartments site. Smoking is not permitted in the holiday apartments or their outbuildings.
Section 6 – Cancellation
Any necessary cancellations of the Guest Accommodation Agreement must be made in writing (an e-mail is sufficient to meet this requirement). In the case of cancellation, the Landlord shall still be entitled to payment of the agreed fee. The Landlord is obliged to allocate the cancelled days of the rental period to other guests where possible in order to avoid losses. The Guest must pay the calculated fee for the duration of the Agreement until the apartment has been allocated to other guests. In the case of premature termination of the rental agreement or failure to arrive, the Guest is not entitled to claim for compensation for the days of the rental period that were not used.
The cancellation fee for the ElbQuartier Apartments Magdeburg is based on the period of time between the cancellation and the day of arrival and is calculated as follows:
- No charge for cancellations made up to 31 days before arrival
- Cancellations made 30 days or less before arrival: 50% of the agreed rental price
- Cancellations made 14 days or less before arrival: 80% of the agreed rental price
- Cancellations made 7 days or less before arrival or in the case of failure to arrive: 90% of the agreed rental price
In the case of cancellation, any down payments that have already been made will be offset against the cancellation fee or refunded where applicable. We recommend that guests take out travel cancellation insurance for their trip.
Section 7 – Cancellation by the Landlord
The Landlord is entitled to withdraw from the Guest Accommodation Agreement after the start of the rental period without observing a period of notice if the fulfilment of the Agreement is made impossible as a result of force majeure or other circumstances for which the Landlord is not responsible. In the case of use of the holiday apartment that is in breach of the terms of the Agreement, for example exceeding the maximum number of guests permitted, subletting the apartment, keeping animals in the apartment, breaching the peace, etc. and in the case of non-payment of the full rental fee, the Landlord/Owner is entitled to turn away guests exceeding the maximum number of individuals permitted in the apartment and/or to terminate the Guest Accommodation Agreement. In the case of use of the holiday apartment that is in breach of the terms of the Agreement, the Landlord shall retain any rental fee that has already been paid.
Section 8 – Liability of the Landlord
Within the framework of the duty of diligence of a prudent businessman/businesswoman, the Landlord is liable to provide the Guest with the rental property in an orderly condition. The Landlord is not, however, liable for any shortages of or disturbances in the water or power supply or for any events or consequences resulting from force majeure.
Section 9 – Written Form
Section 10 – Severability Clause
If any of the rental terms and conditions stipulated above is legally invalid, it will be replaced by a provision that most closely corresponds to the original provision. The other rental terms and conditions shall remain unaffected by this change and shall continue to apply.
House Rules & General Rights and Obligations
Guests must use and treat the holiday apartment provided, its inventory and the corresponding shared areas with care. Guests are obliged to comply with the House Rules throughout their stay.
Guests are required to remain quiet at night from 10:00pm to 7:00am and must be particularly considerate of the neighbours during this period. The volume of television and audio devices must be kept at a normal and considerate level in order to avoid disturbances.
For the duration of their stay, guests are obliged to close all doors and windows (other than windows tilted open) and to turn off all lights and technical devices when they leave the holiday apartment.
No pets whatsoever are permitted in the ElbQuartier Apartments. If guests do bring pets to their apartment with them, they may be required to pay a cleaning fee amounting to half of the rental fee and a minimum of at least €200.00 (net).
Smoking is generally prohibited in the holiday apartments and their outbuildings. In the case of violations of this prohibition, the Landlord is entitled to charge guests a cleaning fee amounting to up to €200.00 (net).
The Landlord has the right to access the holiday apartment at any time, especially in the case of imminent danger. The Landlord must, however, take the interests of the guests warranting protection into consideration when exercising this right.
The Landlord will inform guests of his/her intention to exercise this right in advance unless this is not possible or reasonable given the circumstances of the individual case in question.
Guests are liable for all damages to and in the holiday apartment and/or to the inventory of the holiday apartment and/or on the ElbQuartier Apartments site that are/were caused by themselves, their fellow guests or their visitors. Guests are recommended to take out private personal liability insurance.
Guests are obliged to report any damages to the Landlord immediately. This particularly applies to damages that may affect other apartments in the building (e.g. fire or water damage).
The Landlord is not liable for any items that guests bring with them to the holiday apartment. Such items are not deemed to be items brought in as defined in Section 701 ff. of the German Civil Code (BGB). Any liability that should be assumed by the Landlord in accordance with these regulations is therefore expressly excluded. This explicitly also applies to objects of value that guests store and/or leave in the holiday apartment.
Guests are responsible for the following tasks that are not included in our final cleaning service, namely washing up dishes and generally cleaning up the apartment. If guests do not complete these tasks, an additional cleaning fee of €15.00 (net) will be charged.
Authorisation to Use Wireless Internet Access
The Landlord provides wireless Internet access in the holiday apartments. Guests are authorised to use this wireless Internet access throughout the duration of their stay in the holiday apartments. Guests are not authorised to enable third parties to use the wireless Internet access. The Landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. The Landlord is entitled to fully, partially or temporarily grant other users access to the wireless Internet connection at any time and to fully, partially or temporarily limit or suspend the access granted to guests if the connection is or was used for unlawful purposes insofar as the Landlord has a justified concern of facing claims for damages as a result of such use and cannot prevent such consequences with a normal and reasonable amount of effort and within a suitable period of time.
The Landlord particularly reserves the right to block wireless Internet access to specific websites or services (e.g. websites containing content glorifying violence, pornographic content or paid content) at any time at his/her reasonable discretion.
Wireless Internet access will be provided after the correct login details have been entered. Guests are not permitted to disclose these login details (name and password) to third parties under any circumstances whatsoever. If guests want to grant wireless Internet access to third parties, this is strictly conditional upon the prior written consent of the Landlord and the acceptance of the regulations of this Internet Use Agreement by the third party documented by means of the provision of the signature and full details of the identity of third party in question. Guests are obliged to treat their login details as strictly confidential. The Landlord is entitled to change access codes at any time.
Risks of Wireless Internet Use and Liability Limitation
Guests are hereby informed that the wireless connection only provides access to the Internet and that virus protection software and firewalls are not available. Any data communication carried out whilst using the wireless Internet connection is unencrypted, meaning that third parties may be able to access the data. The Landlord expressly draws guests’ attention to the fact that there is a risk that malware (e.g. viruses, trojans, worms etc.) may be installed on their device when they use the wireless Internet connection. Use of the wireless Internet access occurs at the Guest’s own risk. The Landlord assumes no liability any damages to guests’ digital media caused as a result of use of the Internet access unless the damages were caused by the Landlord and/or his/her agents on the basis of intent or gross negligence.
Responsibility and Exemption from Claims
Guests are responsible for data transmitted via the wireless Internet connection and any pay-to-use services used or legal transactions made via the wireless Internet connection. If guests visit pay-to-use websites or accept any obligations via the wireless Internet connection, they must bear any costs resulting from these activities. Guests are obliged to observe applicable law when using the wireless Internet access.
They are particularly obliged to:
- not use the wireless Internet access to access or share ethical or illegal content
- not illegally duplicate, distribute or provide access to property protected by copyright, especially
- in connection with the use of file-sharing programs
- observe the applicable youth protection regulations
- not send or share any harassing, defamatory or threatening content
- not use the wireless Internet access to send mass messages (spam) and/or other forms of unauthorised advertising
- Guests are not permitted to illegally download images, films, music, etc. protected by copyright or to use electronic exchanges!
- Any violations of these rules will result in the termination of the rental agreement without notice.
Guests exempt the Landlord of the holiday apartments from all damages and claims made by third parties that are based on the illegal use of the wireless Internet connection by the Guest and/or a violation of this Agreement. This also applies to any costs and charges connected to the claims and/or the defence against the claims. If the Guest identifies or should identify the existence or threat of such an infringement and/or violation, the Guest must inform the Landlord of the holiday apartment of this immediately.
Source of the Internet Terms and Conditions:
German version downloaded from: www.ferienwohnungen.de