AGB

1. Validity of the General Terms and Conditions

These general terms and conditions apply to contracts for the temporary leasing of real estate for accommodation as well as all other services and deliveries provided by the provider for the guest. The provider's services are provided exclusively on the basis of these general terms and conditions.
The subletting or re-letting of the vacation home provided and its use for purposes other than residential require the prior written consent of Atrium Apartments GmbH.
The guest's terms and conditions only apply if they have been expressly agreed in writing beforehand. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.

 

  1. transfer agreement

(1) The rental contract is concluded when Atrium Apartments GmbH confirms the guest's booking request by telephone or in writing by post, email and/or fax or sends an invoice and thus accepts the booking (acceptance of application).

(2) The contractual partners are Atrium Apartments GmbH and the guest. If a third party has ordered for the guest, they are liable to Atrium Apartments GmbH together with the guest as joint debtor for all obligations arising from this contract, provided that Atrium Apartments GmbH has received a corresponding declaration from the third party.

(3) The guest is obliged to check the booking confirmation for accuracy. If the content of the booking confirmation or invoice differs from the booking request and the guest does not raise objections immediately, the content of the booking confirmation or invoice is deemed to be contractually agreed.

 

  1. Services, payment, offsetting

(1) The provider is obliged to have the property booked by the guest ready and to provide the agreed services. The apartment corresponds to the equipment standard of an average apartment. Atrium Apartments GmbH only assumes a guarantee for expressly promised equipment features, but not for the subjective quality of the equipment (e.g. ventilation).

(2) The guest is obliged to pay the applicable or agreed prices of Atrium Apartments GmbH for the rental of the property and the other services used. This also applies to services and expenses of Atrium Apartments GmbH to third parties caused by the guest.

(3) All prices are exclusive of the respective statutory value-added tax.

(4) The guest is obliged to provide truthful information about the number of people occupying the property. The property is available for a maximum of the agreed number of people. Occupancy with a larger number of people requires the prior written consent of Atrium Apartments GmbH. In this case, the price for the transfer of the property increases to the price generally calculated by Atrium Apartments GmbH for corresponding occupancy.

(5) If the period between the conclusion of the contract and the fulfillment of the contract exceeds four months and the price generally charged by Atrium Apartments GmbH for such services increases, the provider can increase the contractually agreed price appropriately, but by no more than 10 %.

(6) Payment of the price agreed for the use of the property and for the other services agreed with the guest is due no later than on the day of arrival when the keys are handed over. It must be made in cash at this time, unless Atrium Apartments GmbH has expressly agreed to another method of payment to the guest. EC and credit cards cannot be accepted as means of payment on site.

(7) Atrium Apartments GmbH reserves the right to demand a reasonable advance payment from the guest prior to arrival for the price agreed for the rental of the property and for other services agreed with the guest.

(8) If the guest asks Atrium Apartments GmbH for services that are not part of the proper provision of the apartment, Atrium Apartments GmbH will charge for this separately. This includes in particular, but not exclusively, opening the apartment door if the key is left behind, courier trips or pre-arranged on-site appointments that the guest does not attend without a justified and timely cancellation. The working or waiting time on site will be charged at €15.00 (net) for every quarter of an hour started. In addition, arrival and departure costs are calculated according to the following list:

Arrival and departure costs up to 10km: 39.00 € (net)

Arrival and departure costs up to 20 km: 65.00 € (net)

Arrival and departure costs up to 30 km: 91.00 € (net)

Arrival and departure costs up to 40km: 117.00 € (net)

Arrival and departure costs up to 50km: 143.00 € (net)

Arrival and departure costs over 50km will be calculated individually.

(9) The guest can only offset an undisputed or legally established claim against a claim of Atrium Apartments GmbH.

 

  1. Guest Obligations

The guest undertakes to treat the items provided (property, inventory and outdoor facilities) with care. If damage occurs to the property and/or its inventory during the stay, the guest is obliged to report this to Atrium Apartments GmbH immediately. Defects and damage already detected upon arrival must be reported to Atrium Apartments GmbH immediately, otherwise the guest is liable for this damage. The resulting replacement purchases or repairs are carried out by Atrium Apartments GmbH.

A reasonable period of time must be granted for the elimination of damage and defects. Claims from complaints that are not reported immediately on site are excluded. Complaints received by Atrium Apartments GmbH at the end of the stay or after leaving the property are also excluded from compensation. In the event of any disruptions in performance, the guest is obliged to do everything within the scope of his legal obligation to help remedy the disruption and to minimize any damage that may have occurred. On the day of departure, the guest is to remove personal belongings, household waste is to be disposed of in the containers provided, crockery is to be stored clean and washed in the kitchen cupboards. If the apartment is excessively dirty, the rubbish has not been disposed of properly or the dishes have not been cleaned, Atrium Apartments GmbH reserves the right to charge an additional cleaning fee of €150.00 (net). The compensation is to be set higher or lower if Atrium Apartments GmbH proves a higher damage or the guest proves a lower damage.

 

  1. Privacy

The guest agrees that necessary data about his person will be stored, changed and / or deleted as part of the contract concluded with him. All personal data will be treated confidentially. For more information, see: Privacy

 

  1. Liability

The tender was created to the best of our knowledge. We are not liable for the property being affected by force majeure, power and water failures customary in the country and storms. Likewise, there is no liability in the event of unforeseeable or unavoidable circumstances such as official orders, sudden construction sites or disruptions caused by natural and local events. However, Atrium Apartments GmbH will be happy to help with troubleshooting (as far as this is possible). Liability on the part of Atrium Apartments GmbH for the use of the furnishings provided, in particular the electronic household appliances, is excluded. The guest's arrival and departure is his own responsibility and liability. Atrium Apartments GmbH is not liable for personal items in the event of theft or fire. The guest is fully liable for willful destruction or damage. Atrium Apartments GmbH assumes no liability for valuables or objects left behind.

 

  1. internet usage

In the apartments that are equipped with an internet connection, we provide this free of charge. This is not part of the booking and can therefore not be objected to in the event of disruptions or the like.

The tenant is responsible for the data transmitted via the WLAN, the paid services used and the legal transactions carried out. If the renter visits paid websites or enters into liabilities, the resulting costs are to be borne by him. He is obliged to comply with the applicable law when using the WLAN. In particular, he will:

  • Not to use the WLAN to access or distribute immoral or illegal content; 
  • not illegally reproduce, distribute or make available any copyrighted goods;
    this applies in particular in connection with the use of file sharing programs;
  • observe the applicable youth protection regulations;
  • not send or distribute harassing, defamatory or threatening content;
  • not use the WLAN to send bulk messages (spam) and/or other forms of illegal advertising.

The tenant indemnifies the landlord of the holiday property from all damage and claims by third parties that are based on illegal use of the WLAN by the tenant and/or on a violation of the present agreement, this also extends to the claim or its defense related costs and expenses. If the tenant recognizes or has to recognize that such a violation of rights and/or such a violation exists or is imminent, he shall inform the landlord of the holiday property of this circumstance.

 

  1. House rule

(1) The guest must treat the property and its inventory with care. The guest is obliged to comply with the house rules. From 10:00 p.m. to 7:00 a.m. the night rest applies. During this time, special consideration for the roommates and neighbors is required. TV and audio devices are to be set to room volume.

(2) For the duration of the rental of the property, the guest is obliged to keep windows and doors closed when leaving the holiday apartment, to regulate all radiators to a low level and to switch off lights and technical devices.

(3) The accommodation of pets of any kind is only permitted in the property with the prior written consent of Atrium Apartments GmbH. Atrium Apartments GmbH may charge a reasonable surcharge for the accommodation of animals. If animals are accommodated without the prior consent of Atrium Apartments GmbH, the latter can charge a cleaning fee of up to €200.00 (net).

(4) There is a general smoking ban in the property. In the event of violations, the provider can charge a cleaning fee of up to €200.00 (net). Smoking is only allowed on balconies and terraces.

(5) Internet use is permitted after the conclusion of an Internet use agreement with specification of the passport number, provided that this does not violate the statutory provisions. Criminal acts (in particular illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for illegal use of the internet.

(6) The installation and/or attachment of materials for decoration or similar is not permitted in the property. The guest is solely liable for any decoration or similar that is included and/or attached and releases Atrium Apartments GmbH from third-party claims. He is also obliged to compensate for damage caused by the installation and/or attachment of decorations or similar.

(7) Atrium Apartments GmbH has a right of access to the property at all times, especially in the event of imminent danger. Reasonable consideration must be given to the guest's interests worthy of protection when exercising the right of access. The provider will inform the guest in advance about exercising the right of access, unless this is unreasonable or impossible under the circumstances of the individual case.

(8) If, on arrival or during the guest's stay, the guest brings in an unusual amount of household waste for disposal or if the guest leaves leftovers, empties, cardboard boxes, rubbish, rubbish or similar in the apartment when they move out or deposits them in or on the apartment, the Disposal costs will be invoiced separately at a flat rate of €150.00. The compensation is to be set higher or lower if Atrium Apartments GmbH proves a higher damage or the guest proves a lower damage.

 

  1. Arrival and departure

The property is regularly available from 3 p.m. on the day of arrival. You must arrive by 8:00 p.m. with an exact time in advance, unless a later arrival time has been expressly agreed with Atrium Apartments GmbH in advance. An arrival before 3 p.m. can also only take place if this has been expressly agreed in advance with the provider. Guests are obliged to present their valid identity card or passport to Atrium Apartments GmbH upon arrival.

Atrium Apartments GmbH can request a deposit of up to €500.00 upon arrival. Atrium Apartments GmbH will refund this deposit if the property is vacated in good time and all keys are handed over on the day of departure, unless otherwise agreed with the guest and if the property does not show any damage for which the guest is responsible. In the event of further damage to the property and/or the inventory, the guest pays the amount of money required for the compensation in cash on site (§ 249 Para. 2 BGB).

On the day of departure, the guest must vacate the property by 10 a.m. at the latest. If the property is vacated late, the provider is entitled to an additional payment from the guest. This amounts to a) €150.00 (net) if the room is vacated after 10:00 a.m. but before 1:00 p.m.; b) 100 % of the agreed accommodation price/night (alternatively €200.00 (net). The higher amount is always applied) if the room is vacated after 1 p.m. In addition, the provider is entitled to compensation for all further damage incurred as a result of a delayed eviction.

The eviction is only deemed to have been effected when all keys have been handed over to Atrium Apartments GmbH or its representative. For this purpose, the guest can, if this has been expressly agreed in advance with Atrium Apartments GmbH, leave all the keys on the table in the property and close the apartment door. The guest is obliged to check that the apartment door is properly closed.

If one or more keys are lost, the guest of Atrium Apartments GmbH has to pay compensation for their replacement and, if necessary, for the installation of new locks.

  1. Cancellation:

The tenant can withdraw from the contract in writing at any time. The following cancellation fees are to be paid to the landlord for the booked and agreed period:

  • Cancellations up to 14 days before departure are 50% of the total amount of the binding booking period due.
  • In the case of cancellation 14 days to 1 day before the start of the journey, 90% of the total amount of the binding booking period are due.
  • In the event of no-show, cancellation on the day of arrival, early departure or a lower number of people, 100 % of the total amount for the binding booking period are due.

The date of receipt of your written notification by us is deemed to be the withdrawal date. Any deposit paid will be deducted from the cancellation fee. Written notices go exclusively to: info@atriumapartments.de

The compensation is to be set higher or lower if Atrium Apartments GmbH proves a higher damage or the guest proves a lower damage.

​Atrium Apartments GmbH can also withdraw from the transfer agreement with justification.

(1) If an agreed advance payment or one requested in accordance with Section 9 above is not made even after a reasonable grace period set by Atrium Apartments GmbH has expired, Atrium Apartments GmbH is entitled to withdraw from the rental contract with the guest.

(2) Force majeure or other circumstances for which Atrium Apartments GmbH is not responsible and which make it impossible to fulfill the contract.

(3) Atrium Apartments GmbH is also entitled to withdraw from the contract extraordinarily and without notice for an objectively justifiable reason, e.g. B. if

  • a rental property is booked with misleading or false information about essential facts, such as the person of the tenant or the purpose.
  • Atrium Apartments GmbH has reasonable cause to assume that the use of the holiday apartment can endanger the smooth business operations, the security or the reputation of Atrium Apartments GmbH or the respective owner/landlord in public, without this being under the control or organizational area of Atrium Apartments GmbH is attributable.
  • there is a violation of the ban on subletting and leasing according to Section 3 of the General Terms and Conditions.

The compensation to be paid by the guest corresponds to 100% of the total amount of the binding booking period. The compensation is to be set higher or lower if Atrium Apartments GmbH proves a higher damage or the guest proves a lower damage.

(4) In the case of justified withdrawal by Atrium Apartments GmbH, the guest is not entitled to compensation.

 

  1. Final Provisions

(1) Changes or additions to the contract, the acceptance of applications or these General Terms and Conditions should be made in writing. Unilateral changes or additions by the guest are invalid.

(2) Place of fulfillment and payment is Mannheim / Germany. Place of jurisdiction is Mannheim / Baden-Württemberg. General place of jurisdiction is Mannheim / Baden-Württemberg)

(3) The law of the Federal Republic of Germany applies exclusively to the contract.

(4) These general guest accommodation conditions are only intended for the personal use of the guest. Commercial use by third parties is expressly prohibited.

(5) Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision is to be replaced by a provision that comes closest to the purpose of the provision to be replaced. In addition, the statutory provisions apply.

Validity of the General Terms and Conditions: From September 3rd, 2022. Here you will find the General Terms and Conditions valid until September 2nd, 2022

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