General terms and conditions of Guesthouse Management GmbH
1. Validity of these conditions
1.1 These general terms and conditions apply to the entire business relationship, including future transactions, between the customer (hereinafter referred to as the "Tenant") and The Guesthouse Management GmbH (hereinafter referred to as "TGM"). This includes the serviced apartment contract and all services provided in the course of executing these contracts in or on any premises and areas belonging to The Guesthouse Management GmbH.
1.2 The Tenant's general terms and conditions shall not apply. They are hereby expressly rejected.
2. Conclusion of contract
2.1 Offers from TGM are non-binding and subject to change until the contract is concluded.
2.2 The contract is concluded as soon as the apartment (1-room, 2-room, or penthouse, hereinafter collectively referred to as "Apartment") is booked by the Tenant. If a booking cannot be made in time, the contract is concluded upon the provision of the Apartment. The conclusion of the contract obliges both parties to fulfill the contract, regardless of its duration. If the booking Tenant is not the actual user, both the booking Tenant and the user shall be jointly and severally liable to TGM for the obligations arising from the booking.
2.3 If more than four months elapse between the conclusion of the contract and the provision of services, the landlord may reasonably increase the agreed monthly rent by up to 10%.
2.4 The price (see section 5) must be paid in advance on a monthly basis, no later than the third business day of each month, free of charge, to TGM’s account. Alternatively, the amount may be paid via direct debit or a digital payment method.
2.5 TGM is free to confirm a booking in writing. Cancellations and similar declarations are only effective if made in writing.
2.6 If the Tenant is an entrepreneur, only the written booking confirmation from TGM shall be authoritative for the booking content unless the Tenant objects in writing without delay. This applies in particular to oral or telephone bookings and agreements. A communication to TGM is not considered "without delay" if it is not received within seven days.
2.7 For bookings or reservations of more than 3 units or apartments, TGM reserves the right to apply a surcharge and modified cancellation policies, which may differ from the original booking guidelines.
2.8 In the case of group bookings (three or more Apartments), the organizer is required to provide TGM with a participant list no later than 14 days before arrival.
2.9 The provision of Section 545 BGB, whereby the lease agreement is extended indefinitely unless the landlord declares an objection at the end of the lease period, does not apply.
3. Provision and departure
3.1 The tenant may only use the residential premises for residential purposes. If the tenant uses the residential premises for commercial purposes or for any other use outside of residential purposes, this constitutes a breach of contract, entitling the landlord to immediate termination if the tenant continues the use after a warning.
3.2 The booked apartments are available to the tenant from 3:00 PM on the arrival day. Unless a later arrival time has been explicitly agreed, TGM reserves the right to reallocate booked apartments after 6:00 PM if no adequate guarantee (advance payment, valid credit card with coverage for the expected total costs, deposit) has been provided in advance.
3.3 There is no entitlement to the provision of specific apartments or rooms. If certain apartments were confirmed in the booking but are unavailable, TGM may offer equivalent replacement accommodations within the property. Further claims by the tenant are excluded.
3.4 Subletting or re-letting the Apartments is prohibited. Occupancy by more than the booked number of people requires prior written consent from TGM.
3.5 The Tenant is required to provide identification upon arrival and deposit a security (valid credit card with coverage for expected total costs, deposit payment, or similar) with the property management. The Tenant must also complete and sign the police registration form before arrival.
3.6 The Tenant is aware that if the stay exceeds two months, they are legally required to register with the local registration authority within one week. The Tenant expressly undertakes to register. Failure to comply or any conduct that prevents the required registration entitles the landlord to extraordinary and immediate termination.
3.7 If damage is found upon departure, which is demonstrably due to the Tenant’s fault, TGM is entitled to charge the expected repair costs to the Tenant’s credit card as security. After repairs, TGM will promptly settle the actual repair costs with the Tenant.
3.8 Cosmetic repairs must be carried out by the Tenant if the condition of the rental property requires it.
3.9 TGM is entitled to require a security deposit in the form of a credit card guarantee, an advance payment, or similar upon contract conclusion. The amount and due date of the deposit may be contractually agreed upon in writing.
3.10 Pets. Bringing and accommodating pets is permitted only with the prior approval of TGM and subject to payment of the applicable pet fee. The guest is required to notify TGM immediately of any soiling, damage or other impairment caused by the pet. If the pet causes additional and necessary cleaning beyond the usual cleaning required or causes damage to the premises, furnishings or other equipment, the guest shall be liable for the actual and demonstrable costs incurred.
This also applies to any special cleaning required as a result of the pet.
3.11 Departure must take place by 11:00 AM on the departure day. If the Apartment is used beyond this time, TGM may charge the daily rate (lodging rate) for use until 12:00 PM and the full overnight rate from 12:00 PM onwards. The Tenant agrees to pay this additional charge.
3.12 Extending the stay beyond the agreed period requires prior timely consultation with property management. This consultation should occur at least halfway through the stay and must be confirmed in writing by TGM. A right to extension does not exist.
3.13 Photo and film recordings for commercial purposes are prohibited throughout the premises.
3.14 The Tenant is required to maintain private liability insurance during the contract period.
4. Cancellation
4.1 Reservations are binding for the contractual partner. The tenant’s payment obligation under TGM’s accommodation contract is not reduced by TGM’s actual savings but is governed by these terms and conditions.
4.2 The following conditions apply to individual bookings unless otherwise confirmed in writing:
Reservations up to 6 nights: Free cancellation is possible up to 14 days before the arrival date. If canceled from the 14th day before arrival, a cancellation fee of 70% of the total booking period cost applies. If canceled within 48 hours before arrival, a cancellation fee of 90% of the total booking period cost applies.
Reservations between 14 and 29 nights: Free cancellation is possible up to 21 days before the arrival date. If canceled from the 20th day before arrival, a cancellation fee of 90% of the total booking period cost applies. Reservations of 30 nights or more: Free cancellation is possible up to 45 days before the arrival date. If canceled from the 44th day before arrival, a cancellation fee of 90% of the first booking month (30 nights) applies.
4.3 For group bookings (more than 5 apartments) or reservations during trade fairs and special periods, the following conditions apply unless otherwise agreed in the contract: A booking can be canceled free of charge up to 60 days before the arrival date. If canceled from the 59th day before arrival, the tenant's payment obligation amounts to 90% of the total booking period cost. This regulation is subject to the provisions of Section 4.4.
4.4 TGM will make reasonable efforts to reallocate unoccupied apartments to other guests. If TGM is able to provide the canceled services to third parties during the agreed period, the contractual partner’s cancellation fee will be reduced by the amount paid by those third parties, but no more than the total cancellation fee. The tenant has the right to prove that the claimed amount was not incurred or is lower than stated.
5. Prices/Payments/Set-off/Assignment
5.1 Prices are individually set and may vary daily. All prices include the statutory VAT (7%). If a specific price has been confirmed in the booking confirmation or the serviced apartment contract, that price shall apply. If the booking was made more than eight months in advance, TGM may reasonably adjust the stated price, but by no more than 6%.
5.2 TGM may require an advance payment or security deposit from the tenant when booking.
5.3 Invoices issued by TGM are payable in full without deductions within a maximum of 10 days after receipt, but in any case before the rental period begins.
5.4 The tenant may only offset claims if the counterclaim on which they base their right is undisputed or has been legally established. The same applies to the assertion of rights of retention. The assignment of the tenant’s claims and rights against TGM to third parties requires prior written consent from TGM.
6. Termination
6.1 TGM may terminate the contract for good cause. Good cause exists in particular if:
Advance payments according to section 5.2 are not made by the agreed date (or, if no date is specified, at least 30 days before arrival);
The tenant does not fully meet their agreed-upon, time-bound payment obligations;
Force majeure, strikes, unavoidable operational disruptions, or other circumstances beyond TGM’s control make it impossible to fulfill the contract;
TGM has justified reason to believe that the accommodation could jeopardize the smooth operation of business, security, or TGM’s public reputation, without this being attributable to TGM’s sphere of control or organization;
Unauthorized subletting or transfer of the rented premises occurs.
6.2 TGM shall inform the tenant of the exercise of the termination right immediately in writing. In the aforementioned cases of termination, the contractual partner has no claim for damages. Claims for damages and reimbursement of expenses by TGM remain unaffected.
7. Liability
7.1 Items left behind by the tenant in TGM’s premises will only be forwarded upon request, at the tenant’s risk and expense. TGM is obligated to store such items for four weeks. After this period, if the items have apparent value, they will be handed over to the local lost-and-found office. In all other cases, they will be given to the finder against a receipt.
7.2 If the tenant is provided with a parking space in the underground garage (including for a fee), this does not constitute a safekeeping agreement. TGM is not liable for loss of or damage to vehicles parked or maneuvered on the premises or in the underground garage. TGM has no obligation to monitor the parking area. Any damages must be reported to TGM immediately. Section 8.6 applies accordingly.
7.3 Notwithstanding the provisions of Sections 7.1 and 7.2, TGM's liability for damages of any kind (whether contractual or tortious) is excluded. This exclusion does not apply:
To damages caused by intentional misconduct or gross negligence on the part of TGM;
In cases of slight negligence, to damages resulting from injury to life, body, or health, as well as—subject to Sections 8.5 and 8.6—to damages arising from the breach of essential contractual obligations by TGM. Essential contractual obligations are all obligations whose fulfillment enables the proper execution of the contract.
7.4 In cases of negligent breach of essential contractual obligations, TGM's liability—except for damages to life, body, or health—is limited to the contract-typical, foreseeable damage at the time of contract conclusion or breach. TGM is not liable for damages that fall exclusively within the tenant’s risk area.
7.5 The above exclusions and limitations of liability in Sections 7.1 to 7.4 also apply to the liability of TGM’s executives, employees, and agents.
7.6 The above exclusions and limitations of liability do not apply to claims under the Product Liability Act, insofar as liability is mandatory under it.
7.7 If the tenant, through negligent or intentional misconduct, causes a false or fire alarm resulting in damages to TGM (such as fire department deployment, room damage, etc.), the tenant is required to pay a lump-sum compensation of €3,000. The compensation amount may be adjusted if TGM proves higher damages or if the tenant proves that lower or no damages occurred.
7.8 If the tenant is locked out of the rented premises, the door will be opened by a locksmith service commissioned by the landlord. A flat fee of €100 (incl. VAT) will be charged to the tenant for this service.
In the event of a lost key, the tenant is fully liable and must bear all resulting costs. A flat fee of €130 (incl. VAT) will be charged. Any additional expenses, particularly those related to the replacement of locks or the entire locking system, will also be passed on to the tenant, provided the loss is attributable to the tenant.
8. Garage use
8.1 The contract does not include security or safekeeping of the vehicle, its contents, or its cargo. Parking the vehicle is at the tenant’s own risk.
8.2 In addition to these parking regulations, the general road traffic regulations apply to the use of parking spaces and behavior within the parking facility.
8.3 The following are strictly prohibited by law:
The use of fire and smoking
The storage of fuel, fuel containers, and any other flammable substances or objects
Running the engine without driving
Unnecessary honking and causing disruptive noise of any kind
8.4 Traffic signs and notices within the parking facility must be observed.
8.5 Vehicles may only be driven at walking speed within the parking facility.
8.6 The vehicle must be parked in the designated space in a manner that allows unobstructed parking and retrieval of vehicles in adjacent spaces at all times. If this regulation is not observed, TGM may reposition the vehicle at the tenant’s expense and risk.
8.7 It is prohibited to repair or clean vehicles, refill or drain coolant, fuel, or oil in parking spaces, driveways, or ramps.
8.8 Any contamination of the parking facility, including its access and exit areas, must be avoided or immediately cleaned up if it occurs.
8.9 The parking facility must be used with care and in an appropriate manner. The tenant is liable for any damage they cause and must report such damage to TGM immediately.
8.10 TGM reserves the right to amend or supplement these parking regulations at any time.
8.11 The garage key must be returned to TGM immediately upon termination of the contract.
8.12 Lost or damaged keys can be purchased from TGM at a price of EUR 55.00 plus applicable VAT.
9. Place of Fulfilment, Jurisdiction, Applicable Law
9.1 The place of performance and payment is the registered office of TGM in Düsseldorf.
9.2 In commercial transactions, if the tenant is a merchant, a legal entity under public law, or a special public-law fund, the exclusive place of jurisdiction—including for disputes involving checks and bills of exchange—is the registered office of TGM in Düsseldorf. This also applies if the tenant, while not a merchant, meets the requirements of § 38(2) of the German Code of Civil Procedure (ZPO) and has no general place of jurisdiction in Germany, relocates their residence or habitual abode outside Germany after concluding the contract, or if their residence or habitual abode is unknown at the time of legal action by TGM.
9.3 German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.4 No verbal or written collateral agreements have been made. Amendments or additions require written form to be legally effective. This also applies to any waiver of the written form requirement.
9.5 Should any provision of the contract, including these terms and conditions, be or become invalid, this shall not affect the validity of the remaining provisions. The parties shall replace the invalid provision without delay with a valid one that comes as close as possible to the intended purpose and economic significance.
10. Data Protection
TGM is entitled to process and store the data received in connection with the business relationship with the tenant—including data obtained from third parties—in accordance with the German Federal Data Protection Act. TGM may also have this data processed and stored by third parties commissioned by TGM.