General Terms and Conditions

General Terms and Conditions

for the rental of guest apartments and the provision of bicycles to the tenants of the apartments

1. Landlord

Landlord of the guest apartments and the bicycles is Dresden City direkt, represented by Sylvia Stein, Zillerstr. 21, 01445 Radebeul. Dresden City direkt is not a travel business in accordance with the BGB (German Civil Code).

2. Conclusion of Contract

The contract for renting an apartment is concluded when the guest ordered the provision of a guest apartment (e.g. by a completed booking form, submitted via e-mail or fax) and the landlord confirmed the booking. The confirmation occurs in writing (letter, fax or e-mail). For last minute bookings also the verbal form is binding.

The contract for renting an apartment is temporarily concluded for days. The conclusion of the agreement commits both sides to fulfill the contract, regardless of which duration the contract was concluded.

3. Rental Payment

Upon conclusion of the contract, the rent is payable in advance. The payment is made by a bank transfer to the account of the landlord, or at the latest on arrival day in cash. In case of a written booking (letter, fax or e-mail) and a confirmation of the booking by Dresden City direkt, a deposit of 25 % of the total agreed rent is required upon receipt of the booking confirmation, the balance must be paid at least 28 days prior to the arrival date. Is the period between booking and arrival date less or equal to 28 days, the full rent is required upon receipt of the booking confirmation. If no payment is received within two weeks after maturity, the landlord is entitled to withdraw from the contract. EC and credit cards are not accepted for the payment on arrival. In case of a cash payment, a receipt will be issued to the guest.

Arrival and Departure

The guest should give the approximate time of arrival at least 24 hours before arrival. The apartment is available on the arrival day from 3:00 p.m. The handover of the apartment is made on site with a short instruction. At the departure day the apartments have to be left until 11 a.m. and is to be handed over in a clean state . A tacit extension of the use beyond the agreed booking period is contradicted here.

5. Rules of the House

The guest has to handle the apartment and its inventory carefully. The guest is obliged to respect the house rules. From 22.00 to 7.00 Clock is night’s rest. During this time, special consideration for the neighbors, also in the doorways and stairwells should be exercised. TV and audio devices should be set to low volume to keep the peace at night. If the guest leaves the apartment during the booking period, he is obliged, to keep the apartments windows and doors closed, to regulate all the radiators to low level and to turn off lights and electrical devices. The accommodation of pets of any kind in the apartment is only permitted with the prior written acceptance of the landlord. In all the guest apartments smoking is forbidden. Smoking is permitted only at the balcony, if available. At a violation of house rules by the tenant, his fellow travelers or visitors, the landlord reserves the right, to end the tenancy without repayment of already paid amounts

6. Liability

The landlord is liable for his obligations under the contract. Liability is limited to intent and gross negligence of the landlord, a liability of the landlord for simple negligence is excluded. For short-term deficiency of furnishings, public utilities, elevator, etc., the landlord cannot be held liable for. Price reductions are excluded. The same applies to reasons of force majeure. The landlord is not liable for property brought into the apartment by the tenant. Property of the tenant is not a brought-in-item in accordance with §§ 701 ff. BGB (German Civil Code). A liability of the landlord under these rules and regulations is expressly excluded. This agreement also expressly applies to valuables (e.g. cash, jewelry), which are stored or left by the tenant in the apartment. The use of roads, walks, stairs and elevators to the Apartment, inside the Apartment, to the basement, to utility rooms and to garages is at your own risk. The tenant is liable for any damage on the building, the apartment itself and the inventory which he, his fellow travelers or his visitors caused culpably. The tenant is responsible to prove that no damage occurred during his tenancy, or that damage was no fault by him, his fellow travelers or his visitors. The tenant is obligated to notify the landlord of any damage incurred.

The Conclusion of a private liability insurance is recommended to the tenant.

7. Entering the Apartment by the Landlord

The landlord is entitled to enter the apartment if required, for example for urgent necessary repairs. Normally this is done with prior notice to the tenant of the apartment.

8. Losing of the Transferred Keys by the Tenant

In case of a losing of apartment keys handed over to the tenant, the tenant is liable by full height for the exchange of the cylinders, because it is a central locking system and the cylinder must be replaced completely. For the loss of a key for a bicycle lock, the tenant is liable with a cost of € 25.

9. Cancellation

The cancellation of a booked apartment has to be done in written form to be effective. If the tenant cancels the tenancy, he must compensate the landlord for the resulting damage. The tenant is obliged to pay a compensation after cancellation as follows:

from 28 days before arrival date 10%

from 21 days before arrival date 20%

from 14 days before arrival date 40%

from 7 days before arrival date 60%

from 3 days before arrival date 80%

from 1 days before arrival date 90%

of the total agreed rent

The landlord will try, within the normal scope of his business operations, to utilize the apartment otherwise. The tenant is responsible to prove that the landlord had no or significantly lower costs than the estimated amount. In this case, the tenant is obliged to pay the lower costs. The Conclusion of a travel cancellation insurance is recommended to the tenant

10. Provided Bicycles

The use of the provided bicycles is at your own risk. Bicycles and accessories are not insured against theft. When not in use, the bicycles must be secured with the existing locks, or stored in the provided lockable bicycle storage. In case of a theft, the tenant of the guest apartment has to report it immediately to the police. In case of loss, the tenant is liable for 50% of the original value. Defects and damage have to be reported immediately to the landlord. The tenant is obliged to pay repair costs for damage beyond the normal wear.

11. Data Protection

The landlord collects and processes personal data of the tenant only to process the bookings of the apartments. All data is stored and processed in compliance with the relevant rules of the BDSG (German Federal Data Protection Act) and the TDDSG (German Teleservices Data Protection Act). Third party personal will get access to data, only if it is necessary for the justification and the organization of the rental services.

12. Severability Clause

If individual provisions of these terms and conditions or parts thereof shall become ineffective, the validity of the remaining general terms and conditions remain unaffected. Any invalid or impracticable provision shall be replaced by a proper and legally valid provision which comes closest to the economic intent that the Parties pursued with the invalid or impracticable provision. The above provisions apply in the case that the contract turns out to be incomplete.

13. Jurisdiction

The place of jurisdiction for any disputes arising from the contractual relationship is the local court in Meissen.

State: 12/2012

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