Terms of business for the temporary use of furnished apartments supplied by SEAGUR
§ 1 Subject
Only the following conditions are applicable for the rental agreement regarding furnished apartments of different categories for temporary use in Berlin and Hamburg. All furnished apartments for temporary use are uniformly furnished, according to modern standard but vary in furnishings, equipment, size and location. The tenant is entitled to an apartment that meets the standard which has been booked or higher but not to any specific apartment or a specific apartment that has been used in any advertising material as an example. The landlord is not a tour operator according to §§ 651a ff BGB, therefore the laws and legal rules for tour operators described in this law are not applicable.
§ 2 Contract conclusion
With the reservation or booking made by the tenant to the landlord or any intermediary acting on behalf of the landlord, the tenant does not obtain legal claim to rent a flat booked in any one category. The contract is effective only with the confirmation of the booking through the landlord via letter, fax or email, i.e. with a mutual agreement about the time of the rental and the amount of rent due for the period for a flat in any one category. Any deviations in the confirmation made by the landlord are accepted by the tenant if he does not oppose to the confirmation in writing within three days of reception.
§ 3 Use of apartments
3.1
The furnished apartment is only rented out for a temporary use as a holiday flat or a temporary accommodation for the period agreed upon in the rental agreement respectively. The tenant assures that he is not planning to transfer the centre of his/her life into this flat, i.e. that he is not planning to live in this flat permanently. The flat may not be used for any commercial or partly commercial purpose. The flat is rented out only to the guest appointed and the number of guests confirmed in the booking confirmation and invoice. Subletting or cession to a third party is explicitly prohibited. The admission of further people than those appointed in the confirmation and bill is only permissible when the landlord has agreed to this admission in writing. If further people are admitted to the flat additional charges can be applicable.
3.2
The landlord will make the flat available to the tenant at 2p.m. or later on the first day stated in the rental agreement for the appointed number of persons. At the end of the rental agreement the flat must be left in an orderly state and must be turned over to the landlord by 10a.m. on the last day of use stated in the rental agreement. A prolonging of the tenancy by tacit understanding is explicitly excluded.
3.3
The keys will be handed over during the opening hours of the service office, i.e. between 9a.m. and 5p.m. Monday to Sunday. Generally the tenant has no right to a handing over of keys out of office hours, if possible this will generally be organized by the landlord for the tenant. Therefore arrival and departure times after 5p.m. must be arranged with the service office via telephone or email.
3.4
The tenant takes over the flat in a clean and orderly state with the existing inventory. Any defects or damages at delivery of the apartment must be reported to the service office immediately.
3.5
The tenant must report any damages occurring in the rented apartment or common rooms to the landlord immediately. The report must be done in writing. If the damage increases due to the fact that is has not been reported by the tenant and thus not been eliminated the tenant will be fully liable.
The tenant is liable for any violation of these agreements of use and for all damages of the lodgings and its inventory which are culpably caused by himself or any of his flat mates, visitors etc. The tenant has to eliminate any congestion of drainage pipes that occur between the visible and accessible ends of these pipes unless he or those mentioned above have not caused these damages. Any glass damage within the rented apartment must be repaired by the client at his own cost.
If the tenant does not comply with his duty to eliminate the damages caused by him or his flatmates, visitors, etc. immediately the landlord may, after admonition and fixation of a time limit, eliminate the damage himself and bill the tenant accordingly. In this case the landlord can also claim for compensation due to non-fulfilment. If there is danger ahead admonition and fixation of a time limit are not necessary.
3.6
The tenant, flat mates, visitors etc. assure to take take good care of the rented premises including their inventory as well as common rooms with all their furnishings and inventory. The tenant particularly assures to clean the rented premises on a regular basis and to be responsible for frequent airing and heating of the apartments.
The tenant is further obliged to get rid of any vermin immediately and directly report the infestation to the landlord or any representative of the landlord. After removal of the vermin any leftovers must be kept in a closed container.
The tenant may not store any flammable or poisonous substances, acid, large amounts of perishable waste or animal foods in the rented apartments.
Smoking and the use of open fire (candles for example) in the rented premises is explicitly prohibited.
The currently accepted periods of quiet after lunch (1p.m. - 3 p.m.) and at night (10p.m. To 7 a.m.) are to be respected by the tenant and his flatmates, visitors, etc.
The landlord is entitled to set up house regulations at his own discretions for the use of all common rooms and change these regulations subsequently if there are sensible and appropriate reasons to do so. A right of use is only valid within the limitations of these house regulations.
The tenant may not bring or keep any pets tin the apartments.
If required the landlord is entitled to enter the rented apartment at short notice for any necessary repairs which need to be taken out immediately. Generally the tenant will be informed about this procedure in advance.
3.7.
When leaving the rented apartment the tenant is obliged to shut all windows, doors, water-taps and switch off any electrical devices and facilities including all lights in the apartment.
On departure the tenant must leave the apartment well-swept, in a tidy and orderly state. The complete inventory that was in the apartment on arrival must be handed over to the landlord in an undamaged, fully functioning state.
In case that any one key of the apartment is lost the tenant is liable for the sum of 150 Euro per key.
3.8.
Use of electric fans, radiators: the use of electric fans, for heating or cooling, as well as radiators result in high energy consumption and the tenant mus inform the landlord about the intended use of these devices. For any day of usage a fee of 2 Euro will be added to the rent.
§ 4 Date of settlement and payment
The stipulated rent is – in discrepancy to the legal regulations – to be paid in advance. The rent is due on settlement of the contract.
The following terms of payment are effective:
Within four days of contract settlement the tenant has to make a payment on account of 20% of the total amount. If the tenant does not comply to this obligation his claim to the apartment booked lapses and the contract is understood to be terminated.
The remaining amount is due and to be paid to the landlord not later than seven days before taking possession of the rented apartment.
For rental periods exceeding one month a different mode for payment may be applied. If due to a rental period exceeding one month the mode of payment deviates from the one described above only the first month of the rental period underlies the regulations described above. The total amount of the following month(s) is then due on the 3rd working day of the month for the month to follow in advance.
4.2.
In case of rebooking or cancellation of the rental agreement an overall expense allowance of € 35 must be paid by the tenant to the landlord. In case of cancellation this fee is applicable in addition to the cancellation fees payable to the landlord.
In case of rebooking or cancellation of any rental agreement concerning a flat for temporary use the tenant agrees to and commits himself to pay the fees mentioned above to the landlord.
The tenant agrees to pay an overall expense allowance of 35,00 to 90,00 Euro per flat and rental period for the final cleaning and the initial supply of sheets and towels for the number of persons appointed for the flat. The amount of the overall expense allowance varies with the size of the apartment and the number of guests.
The tenant agrees to and commits himself to pay these fees to the tenant when he moves into a flat rented for temporary use.
4.3.
Until the contract is settled the landlord may change the amount of rent. If the rent is subject to V.A.T. (Mehrwertsteuer) it is understood that the rent quoted in the invoice includes V.A.T. (Mehrwertsteuer).
§ 5 Cancellation of contract and premature termination of the rental agreement
The tenant may cancel the contract at any time without specifying his personal reasons.
In this case the tenant is obliged to pay the following overall expense allowances to the landlord:
In case of cancellation the tenant will pay to the landlord
20 days before the beginning of the contract and onward 20%
16 days before the beginning of the contract and onward 40%
11 days before the beginning of the contract and onward 60%
6 days before the beginning of the contract and onward 80%
4 days before the beginning of the contract and onward 100%
of the rent agreed upon in the contract for the rental period.
Relevant for the calculations of the above is the date when a formal notice of termination in writing has been received by the landlord.
If the tenant departs the apartment prematurely during the fixed rental period the rent already paid for the rental period agreed upon forecloses to favour of the landlord.
§ 6 Liability
Any possible liability is limited to intent and gross negligence. Any liability due to disturbances as a result of force majeure or strike, transmission problems in networks of communication as well as any indirect damages, damages caused by defectiveness and detriment of profit lost are excluded.
The landlord is also not liable for damages and loss which the tenant suffers in consequence of burglary into the furnished flat of the landlord that has been rented by the tenant.
Any other and further claims for compensation are limited to 5.000,00 (five thousand) Euro per case of damage and are abarred by the statute of limitations six month after termination of the the rental contract.
§ 7 Data protection
The tenant is informed and consents to the fact that his personal data necessary for the booking will be saved on data carriers. The landlord ensures that the customer data obtained in the process of the booking will only be raised, processed, saved and used (in the following termed as “used”) in connection with the handling of the rental agreement and will only be forwarded to enterprises connected to the landlord within these limitations. If the tenant agrees to any further use of this data by the landlord, the tenant is entitled to revoke this consent by email to the landlord at any time.
§ 8 Place of jurisdiction
The laws of the Federal Republic of Germany are applicable. The Place of jurisdiction and the place of performance is Berlin respectively.
§ 9 Severability Clause
Even if individual conditions of this contract are void the contract is valid in his remaining parts. If any regulation should be partially or completely void the contracting parties shall make an effort to find a solution that will come as close to the regulation intended as possible.
I have understood and acknowledged the general terms of business of the landlord described above and approve.
Landlord:
Seagur Ltd
Einstein Palais
Friedrichsstrasse 171
10117 Berlin