General terms and conditions of business
1. SCOPE OF APPLICATION & CONTRACTUAL PARTNERS
1.1 These General Terms and Conditions, hereinafter referred to as GTC, apply to all contracts for the rental of studios, flats, flats and houses for accommodation concluded between XZLLENZ GmbH (hereinafter referred to as XZLLENZ) or Stay XZLLENZ GmbH (hereinafter also referred to as XZLLENZ) and third parties (guests), as well as for all other services and deliveries provided by the aforementioned companies.
1.2 The contractual partner of the guest is XZLLENZ GmbH.
1.3 The customer's general terms and conditions shall only apply if this has been expressly agreed in writing in advance.
2. RESERVATIONS / BOOKINGS
2.1 By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from XZLLENZ. This confirmation constitutes the conclusion of an accommodation contract between XZLLENZ and the guest.
2.2 Offers from XZLLENZ regarding available apartments are subject to change and non-binding. XZLLENZ is free to refuse to conclude an accommodation contract at its own discretion.
2.3 If the guest only books one category in an offered property, the guest is not entitled to use the accommodation service in a specific apartment/unit. XZLLENZ reserves the right to apply restrictions customary in the industry, such as minimum stays, booking guarantees or deposits for specific travel dates.
3. CANCELLATION DEADLINES / CUSTOMER WITHDRAWAL /
FAILURE TO TAKE UP SERVICES (NO SHOW)
3.1 A reservation is only guaranteed once the guest has made payment to XZLLENZ. The guest may cancel the reservation free of charge in accordance with the stated cancellation conditions and cancellation periods, quoting the relevant reservation number.
If a right of withdrawal has not been agreed or has already expired (expiry of the free cancellation period), there is also no statutory right of withdrawal or termination, and if XZLLENZ does not agree to a cancellation of the contract, XZLLENZ retains the right to the agreed remuneration despite non-utilisation of the service (no-show) or late cancellation. If the rooms are not rented to other guests, XZLLENZ may apply a flat-rate deduction for saved expenses. In this case, the customer is obliged to pay the contractually agreed prices for the overnight stay; cleaning costs will be refunded in full. The customer is free to prove that the aforementioned claim has not arisen or has not arisen in the amount claimed. In addition, if the guest does not show up in the case of guaranteed reservations for several days, all further nights from the first night onwards will be cancelled and the guest will not be entitled to the subsequent nights.
3.2 For reservations made on the day of arrival, the guest must make payment for the stay in accordance with §5 immediately, usually within one hour.
4. ACCOMMODATION PRICES & OTHER PRICES
4.1 The prices stated by XZLLENZ at the time of conclusion of the contract shall apply.
Applicable and stated prices are gross prices and include all statutory taxes, fees and charges.
Local charges payable by the guest, such as visitor's tax, are not included.
5. TERMS OF PAYMENT & INVOICING
5.1 The price for the accommodation booked by the guest must always be paid in advance by the guest.
5.2 Offsetting by the guest is excluded, unless the offsetting relates to an undisputed or legally established claim.
5.3 Accepted payment methods are MasterCard, Visa, American Express, instant bank transfer, PayPal or regular bank transfer. Cash payments are not accepted.
5.4 XZLLENZ reserves the right to charge the payment methods provided with amounts for additional services used or violations of the General Terms and Conditions. The guest expressly authorises XZLLENZ to do so.
5.5 By making a reservation, the guest agrees to receive their invoice as a download or via email.
6. POSSIBLE USES OF RESERVED APARTMENTS
6.1 A reserved apartment is available to the guest during the period specified in the booking.
6.2 The keys, parking permits and/or key cards provided by XZLLENZ must be returned to XZLLENZ, a third party designated by XZLLENZ or the designated drop-off location in the apartment indicated by XZLLENZ via signage and/or notice on the day of departure.
A fee of €40.00 will be charged for the loss of a key, key card or parking permit, as well as for failure to return these items. XZLLENZ is also entitled to charge the guest for further compensation for the damage incurred if the damage exceeds €40.00. This also includes the replacement of the affected locking system if this is necessary for security reasons. The guest has the option of proving that XZLLENZ has incurred less damage or no damage at all.
6.3 A later departure (late check-out) can be agreed between XZLLENZ and the guest upon request and subject to availability.
If XZLLENZ agrees to late check-out, XZLLENZ is entitled to charge £10.00 per hour or part thereof for the additional use of the flat. If no agreement is reached, XZLLENZ is entitled to charge £30.00 for each hour or part thereof. If departure is more than 3 hours after the originally agreed check-out time, the full overnight price of the apartment will be charged if XZLLENZ has agreed to this. If no agreement has been reached, the guest shall owe the full overnight price plus compensation for any further damages incurred. The guest has the option of proving that XZLLENZ has incurred less damage or no damage at all.
6.4 The guest cannot derive a contractual claim to a late check-out.
6.5 An earlier arrival (early check-in) can be agreed between XZLLENZ and the guest on request and subject to availability.
If XZLLENZ agrees to early check-in, XZLLENZ is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual claim to early check-in.
7. TRANSFER, SUBLETTING, USE
7.1 Subletting or re-letting the booked apartment is prohibited. This includes, in particular, re-letting the apartments or apartment quotas to third parties at prices higher than those stated by XZLLENZ.
Similarly, the assignment or sale of claims against XZLLENZ is not permitted. In such cases, XZLLENZ is entitled to cancel the reservation, in particular if the guest has provided false information about the type of booking or payment to third parties in the event of assignment/sale.
7.2 The use of XZLLENZ apartments for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use.
Without explicit consent, the use of the apartments for photo or video recordings is also prohibited. In the event of use for reasons other than accommodation, XZLLENZ reserves the right to cancel the reservation without refund and to vacate the rented property.
8. LIABILITY OF XZLLENZ
8.1 XZLLENZ shall be liable without limitation for damages for which it is responsible resulting from injury to life, limb or health. XZLLENZ shall also be liable for other damages resulting from intentional or grossly negligent breach of duty by XZLLENZ.
In cases of simple negligence, XZLLENZ shall only be liable to a limited extent for foreseeable damage typical for this type of contract, provided that a duty has been breached whose fulfilment is essential for the proper execution of the contract and on whose compliance the guest may rely (cardinal duty).
A breach of duty by XZLLENZ shall be deemed equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
Further claims for damages – unless otherwise stipulated in these General Terms and Conditions – are excluded.
8.2 In the event of disruptions or defects in the services provided by XZLLENZ, XZLLENZ shall endeavour to remedy the situation upon immediate notification by the guest or upon becoming aware of the situation.
The guest is also obliged to contribute what is reasonable to remedy the disruption or defect and to minimise any resulting damage.
In addition, the guest is obliged to immediately notify XZLLENZ of the possibility of significant damage occurring.
8.3 XZLLENZ is liable for items brought in accordance with the statutory provisions. Any claim by the guest shall lapse if he does not report the loss, destruction or damage to XZLLENZ immediately after becoming aware of it, with the exception that a delayed report has no effect on the clarification of the facts.
In the case of bringing in money, valuables or other precious items with a value of more than €800.00, or other items with a value of more than €3,500.00, a separate written agreement with XZLLENZ is required. Otherwise, XZLLENZ shall not be liable for the loss, destruction or damage of these items or objects.
8.4 No safekeeping agreement shall be concluded if XZLLENZ provides the guest with a parking space, whether for a fee or free of charge. This does not result in any monitoring obligation for XZLLENZ.
In the event of loss, theft or damage to parked or manoeuvred motor vehicles on the property and/or in the parking space provided, XZLLENZ shall only be liable in cases of intent or gross negligence.
The guest is obliged to report any damage immediately. Obvious damage must be reported before leaving the parking space.
XZLLENZ is not liable for damage caused solely by other guests or other third parties.
8.5 Any claims against XZLLENZ shall generally become time-barred within one year of the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, limb or health and/or due to grossly negligent or intentional breach of duty by XZLLENZ, as well as in the event of breaches of a cardinal obligation.
8.6 XZLLENZ accepts no liability for lost property. This does not apply to liability due to intentional or grossly negligent breaches of duty by XZLLENZ. Lost property will only be returned upon request for a fee and an additional processing fee of £15.00.
XZLLENZ undertakes to store lost property for a period of six months. After this period, the items will be disposed of.
9. CAUTION
9.1 To secure all claims of XZLLENZ against the guest resulting from the accommodation contract, XZLLENZ is entitled to collect the following security deposits/deposits from the guest before handing over the apartments:
9.2 For stays of less than three months, a deposit of €250.00.
9.3 For stays of three to six months, a deposit in the amount of one month's accommodation price.
9.4 In the event of a stay of less than three months, XZLLENZ is entitled to collect the deposit/security deposit by means of a pre-authorisation of the payment method to cover the security deposit.
If the guest does not pay the deposit/security deposit, they shall not be entitled to stay in the apartment.
If XZLLENZ has nevertheless provided the guest with the apartment, XZLLENZ is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.
9.5 XZLLENZ is obliged to settle the deposit within one month of the end of the accommodation contract.
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10. CUSTOMER DATA
10.1 XZLLENZ collects and records the guest's email address and telephone number to ensure communication.
Similarly, XZLLENZ is entitled to request a valid identification document digitally at check-in.
For domestic guests, this is an identity card or passport; for foreign guests, it is always a passport.
10.2 If the identity of a guest cannot be verified beyond doubt due to missing or incorrect documents, XZLLENZ is entitled to cancel the booking.
10.3 XZLLENZ is entitled to cancel a guest's booking if the identity of a guest cannot be verified beyond doubt due to missing or incorrect documents.
10.4 In order to prevent fraudulent and harmful bookings, XZLLENZ uses software solutions that determine a ‘fraud prevention score’ for each guest based on the data requested from the guest (email address, telephone number, credit card details, address) in order to detect fraudulent bookings.
XZLLENZ reserves the right to cancel any booking marked as such by the system.
11. TERMINATION OF THE ACCOMMODATION CONTRACT
11.1 XZLLENZ reserves the right and is entitled to terminate an accommodation contract for good cause.
In particular, good cause shall be deemed to exist if
a) force majeure or other circumstances beyond XZLLENZ's control make it impossible to fulfil the contract
b) XZLLENZ has reasonable grounds to believe that the use of the accommodation service may jeopardise the smooth running of the business, the safety or the public image of XZLLENZ and its locations, without this being attributable to the sphere of control or organisation of XZLLENZ
c) bookings are made culpably under misleading or false information or by concealing essential facts; essential facts may include, but are not limited to, the identity of the guest, their solvency or the purpose of their stay
d) the purpose or occasion of the stay is unlawful or serves the purpose of residential prostitution
e) in the event of resale or subletting and/or referral (see clause 7)
XZLLENZ must inform the guest immediately of the exercise of the right of termination.
11.2 The guest shall have no claim to compensation in the event of justified termination by XZLLENZ.
11.3 If XZLLENZ has terminated the contract due to circumstances for which the guest is responsible or for a reason in accordance with clause 1 above, XZLLENZ is also entitled to cancel or reject future bookings by the guest, even if these have already been confirmed by XZLLENZ.
12. VOUCHER
12.1 A voucher purchased from XZLLENZ can only be redeemed for services provided by XZLLENZ. If there is any remaining credit after payment with the voucher, this credit will remain valid and can be used for further bookings.
12.2 Vouchers cannot be returned, resold or transferred and cannot be redeemed for cash, either in whole or in part.
12.3 The person ordering the voucher is responsible for providing the correct details (in particular the email address) to which the voucher and invoice are to be sent.
12.4 Vouchers expire after a period of 365 days and the guest is no longer entitled to credit or redeem the (remaining) amount.
13. SMOKING BAN AND SAFETY EQUIPMENT
13.1 All XZLLENZ apartments are non-smoking apartments. Smoking is strictly prohibited in the apartments and in the common areas of XZLLENZ. This also applies to e-cigarettes, shishas, tobacco heaters and similar devices.
13.2 Smoking on balconies and/or terraces is only permitted if there is a sign indicating this and the door to the apartment is closed.
13.3 In the event of a violation, XZLLENZ has the right to demand compensation from the guest for the additional cleaning costs incurred, including any loss of revenue resulting from the apartment not being able to be re-let due to the incident, in the amount of at least EUR 250.00. This amount of compensation shall be higher if XZLLENZ can prove that the damage was greater. The guest has the opportunity to prove that XZLLENZ incurred less damage or no damage at all.
13.4 Manipulating or blocking emergency exits, fire extinguishers or the fire/building alarm is prohibited. Violations will result in a penalty fee of €150. This also applies to the manipulation or deactivation of security and decibel sensors within the apartment.
13.5 XZLLENZ is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of violations of points 13.1 and 13.4. In such cases, there is no entitlement to a refund or partial refund. The guest has the opportunity to prove that XZLLENZ has suffered less damage or no damage at all.
13.6 XZLLENZ buildings may be equipped with networked smoke detectors that are directly connected to the control centre of the fire brigade or a security service. The guest shall be fully liable for any intentional or negligent triggering of the fire alarm system (e.g. due to a violation of the smoking ban), but at least for the amount of the actual costs incurred (e.g. fire brigade or security service costs).
14. PROHIBITION OF PARTIES AND GATHERINGS
14.1 As a general rule, noise should be avoided in the booked apartment, the communal areas and the surrounding grounds. Quiet hours are from 10 p.m. to 6 a.m. (‘quiet hours’), unless different times are specified in the house rules.
14.2 Parties and gatherings are strictly prohibited in XZLLENZ apartments and communal areas.
14.3 In the event of a violation, XZLLENZ has the right to demand compensation from the guest for the additional cleaning costs incurred, including any loss of revenue resulting from the apartment not being able to be re-let due to the incident, in the amount of EUR 500.00. This does not affect the right to further compensation. The guest has the opportunity to prove that XZLLENZ has incurred less damage or no damage at all.
14.4 Sensors for measuring decibels may be installed in XZLLENZ apartments.
These sensors do not record voices or conversations, but are used to detect excessive noise levels.
Sensors for measuring decibel levels may also be installed in communal areas of XZLLENZ, i.e. corridors or other communal areas, as well as active video surveillance, which records 24/7 and stores the footage in a cloud environment.
14.5 XZLLENZ is entitled to terminate an active booking with immediate effect and to expel guests from the premises if it becomes aware of violations of points 14.1 and 14.2. In such cases, there is no entitlement to a refund or partial refund. The guest has the opportunity to prove that XZLLENZ has incurred less damage or no damage at all.
XZLLENZ reserves the right to engage the services of a third party, such as a security service, to enforce its domiciliary rights.
Any costs incurred as a result of intervention by a third party will be charged to the guest.
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15. DAMAGE OR UNAUTHORISED REMOVAL OF INVENTORY
15.1 If damage exceeding the contractual use occurs during the accommodation period or if inventory is removed from the unit without authorisation, XZLLENZ shall be entitled to compensation, which shall include, in particular, the costs of repairing the damage, including any loss of revenue resulting from the inability to rent the apartment, legal costs plus a processing fee of €50 for such a claim. The guest has the opportunity to prove that XZLLENZ has incurred less damage or no damage at all.
16. PETS
16.1 Pets are not permitted in apartments or communal areas. Exceptions are made for guide dogs, hearing dogs and other comparable service dogs. These may be brought along free of charge at any time upon presentation of appropriate documentation.
The relevant documentation must be presented to XZLLENZ independently prior to check-in.
16.2 XZLLENZ is entitled to make further exceptions to the above principle. The guest has no claim to this. If a pet is kept in a unit without permission, XZLLENZ will charge a flat rate of EUR 150.00 for a special cleaning fee.
XZLLENZ is entitled to terminate an active booking with immediate effect and to expel guests from the property if there are violations of point 1. In such cases, there is no entitlement to a refund or partial refund. The guest has the option of proving that XZLLENZ has incurred less damage or no damage at all.
17. MAINTENANCE
17.1 By booking an apartment from XZLLENZ, the guest undertakes to treat the apartment provided and the rooms, facilities and equipment intended for shared use with care and consideration, to ensure adequate ventilation and heating, and to avoid excessive soiling. If there is dirt that exceeds normal wear and tear during the guest's stay or after their departure, XZLLENZ has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest has the opportunity to prove that XZLLENZ has incurred less damage or no damage at all.
17.2 Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and suitability for use upon arrival and to report any defects and complaints to XZLLENZ immediately.
17.3 The guest is liable for all damage to the apartment provided to them, the furnishings and the rooms, facilities and equipment intended for shared use, which they or their visitors have culpably caused through use contrary to the contract and which cannot be attributed to normal wear and tear.
The guest must immediately report any damage to the apartment provided to XZLLENZ.
17.4 For bookings of more than 7 nights, XZLLENZ is entitled to carry out weekly interim cleaning. The guest is obliged to grant access to the apartment for this purpose to the service provider commissioned by XZLLENZ or to employees of XZLLENZ.
18. INTERNET USE
18.1 XZLLENZ shall provide the guest with internet access within the scope of existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.
18.2 The guest may not misuse the internet connection. Misuse includes, in particular, the following cases: downloading and distributing copyright-protected content via peer-to-peer sharing platforms, illegal streaming services, and posting, accessing or transmitting content that is relevant under criminal law (in particular Sections 130, 130a, 131 and
184 of the German Criminal Code (StGB)). The guest is obliged to observe the copyrights, patents, names, trademarks and personal rights of third parties when using the internet. Upon first request, the guest shall indemnify XZLLENZ against all claims and demands for damages by third parties, as well as against the costs of legal defence in a reasonable amount, which have been caused by the illegal use of the provided internet connection by the guest or by third parties with the guest's knowledge. This indemnification claim covers in particular claims arising from the infringement of copyrights, patents, names, trademarks and personal rights, as well as violations of data protection laws.
18.3 The guest is prohibited from passing on the access data for the XZLLENZ internet connection to third parties. This also applies to the publication of any access data. In the event of a violation, the guest shall be liable to XZLLENZ for all damages caused by the disclosure of the access data.
18.4 Furthermore, XZLLENZ reserves the right to block the guest's Internet connection in the event of legal violations.
19. DATA PROTECTION
19.1 The data protection provisions can be viewed here.
20. FINAL PROVISIONS
20.1 Amendments and additions, as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions, must be made in writing. This also applies to the cancellation of this written form clause. Unilateral amendments or additions by the guest are invalid.
20.2 The place of performance and payment is the registered office of the accommodation provider.
20.3 The exclusive place of jurisdiction for commercial transactions is the registered office of the accommodation provider. If a contractual partner fulfils the requirements of Section 38 (2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, the place of jurisdiction shall be the registered office of the accommodation provider.
20.4 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions is excluded.
20.5 Should any provision of this contract be or become invalid, void or unenforceable, this shall not affect the validity of the remaining provisions. Instead of the invalid/void provision, the parties shall agree on a provision that comes closest to the intended purpose of the invalid/void provision. This also applies to the filling of any contractual gaps.
20.6 The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
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