General Terms and Conditions for Apart Hannover I. Scope of Application 1. these terms and conditions apply to contracts for the rental of apartments for accommodation, as well as all other services and deliveries of the temporary accommodation provided for the customer. 2. the apartment is rented to the Lessee for the specified contract period exclusively for use for vacation purposes/accommodation during business stays and may only be occupied by the maximum number of persons specified in the rental contract. General terms and conditions of the customer shall only apply if this has been expressly agreed in writing in advance. 4. Furthermore, the additional conditions agreed upon at the time of conclusion of the contract shall apply in each case. II. obligations of the tenant The lessee undertakes to treat the leased property together with the inventory with all due care. The Lessee shall be liable to pay compensation for damage to furnishings, rented rooms or the building as well as to the installations belonging to the rented rooms or the building if and to the extent that such damage was caused by him or his companions or visitors. The Lessee shall notify the Lessor without delay of any damage occurring in the rented rooms, unless he is obliged to remedy the damage himself. The lessee shall be liable to pay compensation for any consequential damage caused by failure to notify the lessor in good time. Waste, ashes, harmful liquids and the like may not be thrown or poured into sinks, sinks and toilets. If blockages occur in the sewage pipes due to non-observance of these regulations, the party causing the blockage shall bear the costs of repair. In the event of any malfunctions in the equipment and facilities of the leased property, the lessee is obligated to do everything reasonable to contribute to the elimination of the malfunction or to minimize any damage that may occur. The lessee is obliged to inform the lessor immediately of any defects in the leased property. If the Lessee fails to do so, he shall not be entitled to any claims for non-performance of the contractual services (in particular no claims for reduction of rent). III Conclusion of Contract, Contracting Parties; Statute of Limitations (1) The contract is concluded by the acceptance of the customer's application by the Apart Hannover management company. The latter is free to confirm the booking in writing. 2. the contract comes about by the written confirmation of a reservation of the customer by the supplier. The written confirmation also includes the conclusion of the contract by telex, e-mail or fax transmission. - by clear verbal agreement with the customer e.g. by telephone. - acceptance of the customer's application by the provider. - Contractual partners are the provider and the customer. - If a third party has ordered, this third party is liable to the provider together with the customer for all obligations arising from the cup accommodation. The contractual partners are RAI World GmbH and the customer. If a third party has ordered on behalf of the customer, it is liable to Apart Hannover together with the customer as joint and several debtors for all obligations arising from the Apartment City accommodation contract, provided Apart Hannover has received a corresponding declaration from the third party. 4. 4 All claims against Apart Hannover are subject to a limitation period of one year from the commencement of the statutory limitation period; claims for damages are subject to a limitation period of five years irrespective of knowledge, unless they are based on injury to life, limb, health or freedom. The reductions in the statute of limitations shall not apply to claims based on an intentional or grossly negligent breach of duty by Apart Hannover. IV. Services, prices, payment, set-off and deposit 1 Apart Hannover is obliged to keep the apartments booked by the customer ready and to render the agreed services. The customer is obliged to pay the prices of Apart Hannover applicable or agreed for the provision of the apartments and the other services used by him. This also applies to services and expenses of Apart Hanover to third parties arranged by the customer. The agreed prices include the respective statutory value added tax. Apart Hannover may make its consent to a subsequent reduction requested by the customer in the number of apartments booked, the performance of Apart Hannover or the duration of the customer's stay conditional on the fact that the price for the apartments and/or for the other services of the residence will certainly increase. Invoices of Apart Hannover without due date are payable within 30 days from receipt of the invoice without deduction. Apart Hanover may demand immediate payment of due claims from the customer at any time. In the event of default in payment Apart Hanover shall be entitled to demand the statutory interest on arrears currently applicable at the rate of 8% or, in the case of legal transactions involving a consumer, at the rate of 5% above the prime rate. Apart Hannover reserves the right to prove higher damages. 5 Apart Hanover is entitled to demand an appropriate advance payment or security in the form of a credit card guarantee, a deposit or similar at the time of conclusion of the contract or at a later date. The amount of the advance payment and the payment dates can be agreed in text form in the contract. In the case of advance payments or security deposits for package tours, the statutory provisions shall remain unaffected. 7. In justified cases, e.g. payment arrears on the part of the customer or extension of the scope of the contract, Apart Hannover is entitled, even after conclusion of the contract up to the start of the stay, to demand a security deposit within the meaning of No. 5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration. Apart Hannover is furthermore entitled to demand from the customer at the beginning and during the stay an appropriate advance payment or security deposit within the meaning of No. 5 above for existing and future claims arising from the contract, insofar as such has not already been made in accordance with No. 5 and/or 6 above. 9. (9) The customer may only set off or reduce a claim of Apart Hanover against a claim of Apart Hanover with a claim that is undisputed or legally binding. (10) The agreed rental price includes all ancillary costs (e.g. for electricity, heating, water) calculated on a flat-rate basis. If the contracting parties have expressly agreed on consumption-based billing or additional services (e.g. additional requests, intermediate cleaning, final cleaning), the use of which is at the Lessee's discretion, these ancillary costs shall be invoiced separately. If a down payment has been agreed, this is due upon conclusion of the contract. The balance is to be paid at the latest at the beginning of the rental period. 11. the employees of the supplier are not authorized to make verbal additional agreements or to give verbal assurances which go beyond the contents of the written contract. The customer is obliged to pay the applicable or agreed prices for the provision of the apartments and other services used by him. This also applies to services and expenses of the provider to third parties. The reservation becomes valid only upon receipt of the entire payment by the Provider. The total price of the accommodation, less any deposit paid, is due on the day of arrival. The tenant irrevocably authorizes the provider to charge all costs arising from the rental of apartments for accommodation, as well as all other services and supplies provided to the customer by the provider from the credit card presented or named by the tenant. The guest can only offset counterclaims of the provider with undisputed or legally established claims from this contractual relationship. The same applies to the retention of payments. The price list can be updated continuously. The updated prices replace the previously valid prices and become part of this contract. The guest will be informed of the update in writing at least 1 month in advance. In the event of a price increase, the guest has, in addition to the reasons for termination mentioned under § 8, an extraordinary right of termination at the beginning of the envisaged increase. This extraordinary right of termination must be declared in writing no later than 1 week before the start of the increase. For the timeliness of the termination, the receipt by the provider counts. V. Turnover tax treatment/rental period 1. the contracting parties agree that the requirements according to § 12 para. 2 no. 11 as well as § 4 no. 12 sentence 2 of the Value Added Tax Act are fulfilled and that only cup accommodation contracts within the meaning of this Act are concluded. 2. long-term leases which are agreed for a term of 6 months or more shall be concluded for a limited period of time. An extension of the term, after the termination of the lease, can only be made by written confirmation of the customer, provided that this is received four weeks before the original termination of the contract. 3. the tenant recognizes this and assures, such a use neither to intend nor to require or carry out. If the Lessee enters into this Agreement for use by anyone other than himself, the Lessee/Contractor shall ensure that the user(s) of the leased property are made aware of this requirement, respect it and take appropriate action. 4. the Lessor has the right to request appropriate evidence of the Lessee's place of residence and habitual abode and to file it with the reservation documents. 5. the contracting parties agree in the effort to take appropriate measures according to the current legal state of affairs and knowledge to ensure compliance with the above rental conditions. (6) In the event that the current or future legal situation results in tax facts that deviate from the current ones, the contracting parties agree already now to cooperate and provide mutual support in order to clarify and possibly correct these facts. 7. compensation and/or recourse from the correction of these facts are excluded. VI. Withdrawal of the customer (i. e. cancellation) / Non-utilization of the services of Apartment City 1. the customer's withdrawal from the contract concluded with Apart Hannover requires Apart Hannover's consent in text form. If this is not given, the agreed price from the contract is to be paid even if the customer does not make use of contractual services. 2. (2) In the case of rooms and apartments not used by the customer, Apart Hannover shall credit the income from renting these rooms and apartments to other parties as well as the expenses saved. If the rooms and apartments are not let to other parties, Apart Hannover may demand the contractually agreed remuneration and deduct the expenses saved. Apart Hanover's expenses as a lump sum. In this case the customer is obliged to pay at least 90% of the contractually agreed price for overnight accommodation. The customer is at liberty to prove that the aforementioned claim did not arise or did not arise in the amount demanded. 3. 3. the tenant can withdraw before the beginning of the rental period by written statement or by telephone with the indication of the date of birth and reservation number to the landlord from the rental contract. The date of receipt of the declaration of withdrawal by the lessor is decisive. If the lessee withdraws from the rental contract, he has to pay a lump- sum compensation for the expenses already incurred by the lessor and the lost profit in the following amount: 90% (but at least 100,00 €) day before the beginning of the rental period: 90% afterwards and in case of non-appearance also 90%. In case of withdrawal from the contract, the Lessee may name a substitute Lessee who is willing to enter into the existing contractual relationship in his place. The lessor may object to the entry of the third party if he appears economically or personally unreliable. If a third party enters into the rental agreement, he and the previous tenant shall be liable to the landlord as joint and several debtors for the rental price and the additional costs incurred by the entry of the third party. The landlord has to rent out an unused accommodation to another party in good faith and must allow the savings to be credited against the cancellation fees claimed by him. The conclusion of a travel cancellation insurance is recommended to the tenant. The reservation is binding after the deposit has been paid. Cancellation of the reservation by the guest must be notified to the provider in writing no later than eight business days before the agreed date of arrival. Otherwise, the provider is entitled to compensation or partial compensation of the agreed total price of the stay. If a booking is cancelled prematurely by the guest after arrival has already taken place, the price of the entire stay must be paid. Bad weather, illness, schedule changes and delays are not the responsibility of the provider. The guest cannot derive a claim to waiver or regulations deviating from this regulation with regard to the provider's claims to assert cancellation fees from this. The dates listed in section 5.5. are the maximum cancellation fees. However, the Provider shall endeavor to keep the cancellation fees low for the Guest. Cancellation fees for reservations:. In case of no-show and/ or cancellation on the day of arrival or later: payment of the full price of the stay. Other agreements are valid only in agreement with the provider and in written form. 5. the provider is not liable for the loss and / or destruction of personal belongings of the guest, except for intent or gross negligence. The provider is not liable for unforeseen, unavoidable and extraordinary disruption of services due to force majeure. Cases of force majeure are those that are beyond the control of the provider, such as natural disasters, public unrest. VII Withdrawal and termination right of Apartment City, (1) If the customer's right to withdraw from the contract free of charge within a certain period of time has been agreed in writing, Apart Hannover is entitled for its part to withdraw from the contract within this period of time if there are requests from other customers for the contractually booked rooms and the customer does not waive his right to withdraw from the contract upon inquiry by Apart Hannover. If an agreed advance payment or security deposit or one demanded in accordance with Item IV Nos. 5 and/or 6 is not made even after expiry of a reasonable period of grace set by Apart Hanover, Apart Hanover is likewise entitled to withdraw from the contract. 3. if an advance payment agreed or demanded above in accordance with clause IV No. 6 is not made even after expiry of a reasonable period of grace set by apart hanover, apart hanover is also entitled to rescind the contract. Furthermore, Apart Hannover is entitled to withdraw from the contract extraordinarily for factually justified reasons, for example if force majeure or other circumstances for which Apart Hannover is not responsible make performance of the contract impossible; - Apartments under misleading or false information of essential facts, e.g. concerning the person of the customer or the purpose of his stay; - Apart Hannover has reasonable grounds to assume that the use of the Apartment City service will not the smooth operation of the business, the safety or the reputation of Apart Hannover in the public Apart Hannover's reputation in public without this being attributable to Apart Hannover's sphere of control or organization. Apart Hannover's sphere of control or organization; - the purpose or the reason for the stay is unlawful; - there is a violation of Item I No. 2 above. (5) In the event of a justified withdrawal from Apart Hannover, the customer shall have no claim to compensation. The lessor may terminate the contractual relationship before or after commencement of the rental period without observing a period of notice if the lessee, despite prior reminder, fails to make the agreed payments (down payment, balance payment and deposit) in due time or otherwise behaves in breach of the contract to such an extent that the lessor cannot reasonably be expected to continue the contractual relationship. In this case, the Lessor may demand compensation from the Lessee for the expenses incurred up to the termination and for the loss of profit. 7. 7. a right to ordinary termination does not exist. Both contracting parties may terminate the contractual relationship without notice and extraordinarily for good cause in accordance with § 543 BGB or under the conditions of § 569 BGB. An important reason for the landlord is in particular if the tenant uses the rental object contrary to the contract (significant breach of contract) or disregards the house or campsite regulations. In the case of a significant breach of contract, the landlord must give the tenant a short deadline to remedy the situation or issue a warning, unless this is not promising or there are exceptional reasons that justify a waiver. In this case, the Lessor may demand compensation from the Lessee for expenses incurred up to the termination and for lost profit (cf. VI. Sentence 3.). Furthermore, the Lessor has a right of withdrawal or a right of extraordinary termination if the Lessee fails to make the agreed payments (down payment, final payment) in due time. In this case, the Lessor can demand compensation from the Lessee for the expenses incurred up to the termination and the lost profit (cf. VI. sentence 3.). An important reason exists for the Lessee in particular if the Lessor does not grant the Lessee the contractual use of the leased property. In all other respects, the statutory provisions on the right of extraordinary termination without notice shall apply. VIII. Provision, handover and return of the apartments (1) The customer does not acquire any right to the provision of certain apartments, unless this has been expressly agreed in text form. 2. booked apartments are available to the customer from 3.00 p.m. of the agreed day of arrival. The customer has no right to earlier provision. 3. the tenant is asked to check the inventory list in the rented property immediately after arrival and to notify the landlord or the contact person named by the landlord of any shortages no later than on the day following arrival. 3. on the agreed day of departure apartments are to be made available by Apart Hannover vacated by 11:00 a.m. at the latest. Thereafter Apart Hannover may charge 75% of the full list price due to the delayed vacating of the room for its use in excess of the contract until 6:00 p.m., from 6:00 p.m. 100%. Contractual claims of the customer are not justified by this. The customer is at liberty to prove that Apart Hannover has not incurred any claim to a charge for use or that the claim is substantially lower. 4. 4 The lessee is obliged to handle the leased property with care and consideration. Apart Hanover reserves the right to claim damages for defects caused by the lessee. This generally concerns the condition of the furniture provided, water and fire damage caused in the rented apartment and the effects thereof, damage caused by keeping animals as well as general damage caused negligently or intentionally and going beyond normal wear and tear. 5. animals, especially dogs, cats and the like may not be accommodated, as more and more guests suffer from allergies to animal hair. IX. Liability of Apartment City Apart Hannover shall be liable for its obligations under the contract. The lessor is not liable pursuant to § 536a BGB. The Lessor's liability for damage to property in tort is excluded unless it is based on an intentional or grossly negligent breach of duty by the Lessor or its vicarious agent. The lessor shall not be liable in cases of force majeure (e.g. fire, flood etc.). A breach of duty by Apart Hannover is equivalent to that of a legal representative or vicarious agent. In the event of disruptions or defects in the services of Apart Hanover, Apart Hanover shall endeavour to remedy the situation if it becomes aware of them or if it receives a complaint from the customer without delay. The customer is obliged to contribute what is reasonable to him in order to remedy the disruption and to keep any possible damage to a minimum. 2. Insofar as a space is made available to the customer in an Apartment City parking lot, this does not constitute a custody agreement. Apart Hannover is not liable for loss of or damage to motor vehicles parked or maneuvered on Apartment City property and their contents, except in cases of intent or gross negligence. Item 1, sentences 2 to 4 above apply accordingly. X. House rules The drying of laundry in the room or apartment is prohibited. For this purpose, only the laundry room, laundry dryer or a place assigned by the owner may be used. For moisture damage caused by violation, the causer is liable. All tenants are requested to show mutual consideration. In particular, disruptive noises, namely loud door throwing and such activities that annoy fellow tenants by the noise generated and affect the domestic tranquility, are to be avoided. Evening quiet from 10:00 p.m. to 8:00 a.m. and midday quiet from 1:00 p.m. to 3:00 p.m. must be observed. Radio, television and telephone equipment must be set to room volume. Smoking is prohibited in the entire building. It is very costly and difficult to remove the smell of nicotine from carpets, curtains, upholstered furniture, mattresses, bedding, etc., which results in the room being temporarily unrentable. Therefore, we have to charge a lump sum of 150,00 € per room for guests who smoke in the room. Laundry may not be dried in the living rooms / rooms. Subletting of the rented rooms is expressly prohibited. For temporary overnight stays, a flat rate of 25.00 € per day and person will be charged, to be settled weekly with the landlord. Parking only on assigned areas. XI. Cosmetic repairs and minor damages During the rental period, the housing provider will take over the cosmetic repairs at his own expense. Minor maintenance that occurs during the rental period on the equipment and facilities in the rented rooms, such as lighting systems, wash basins, drainage basins, hot tubs, faucets, stoves and similar equipment due to the causation, e.g. calcification and other residue or use damage by the housing user, shall also be borne by the housing user. The minor maintenance includes only the repair of minor damage up to the amount of EUR 100.00 in individual cases to parts of the apartment that are exposed to the direct and frequent access of the tenant, e.g. for windows, doors and shutters, heating, cooking and cooling equipment, mirrors, glazing, lighting fixtures, etc. The obligation exists only in total up to 8% of the annual rent. XI. Set-off and retention The user of the accommodation may only set off counterclaims against claims for rent or exercise a right of retention if this intention has been mutually agreed in writing. XII. Maintenance The user of the rented accommodation undertakes to treat the rented accommodation and all fixtures and fittings with care and to ventilate and clean the rented accommodation sufficiently. Only to use cleaning agents appropriate to the furnishing materials, e.g. only laminate cleaner for the laminate flooring. Defects and damages are to be reported immediately. If the notification is not possible due to an unforeseen danger or because the damage or defects would extend disproportionately, the measures absolutely necessary for the protection of the leased property/inventory are to be taken immediately. Structural alterations may not be made, the leased property may not be provided with facilities, unless this is necessary for the protection of the leased property and the lessor has been informed of this. XIII Entering the leased property The housing provider or agents may enter the rented property to inspect its condition or to read meters at reasonable intervals and after timely notice. Consideration must be given to any personal prevention of the housing user. If there is imminent danger - e.g. after a power failure or similar. - the accommodation provider is allowed to enter the accommodation without prior notice. In doing so, the privacy of the living space user must always be taken into consideration. XIV Return of the rented property At the end of the rental period, the rental object is to be returned clean and in orderly condition as it was taken over at the beginning of the rental period. All chip cards, as well as those procured by the tenant, are to be returned. The tenant is liable for all damages resulting from the non-observance of these obligations to the tenant's successors or to the housing provider. The tenant is liable, for each lost chip card, with 3,00 €. XV. Other agreements A final cleaning is agreed and will be carried out at the end of the rental period by the landlord or a person appointed by him. For a rental period of one week or more, a final cleaning fee of 100.00 € (incl. 19% VAT) may be charged with the deposit. Each additional week will be charged with another final cleaning fee of 100,00 €. XVI. No eviction protection The tenant shall vacate the rented accommodation upon expiry of the rental period agreed in the rental contract without further ado, i.e. without notice and without the possibility to claim tenant protection or even to get an eviction period. XVII No tacit extension Any tacit extension of the lease by the Lessee continuing to use the leased property after the expiry of the lease term is expressly excluded. XVIII Final Provisions 1. changes or additions to the contract, the acceptance of the application or these terms and conditions for the Apartment City accommodation should be made in writing. Unilateral changes or additions by the customer are invalid. 2. place of performance and payment is the registered office of Apartment City 3. the exclusive place of jurisdiction - also for disputes regarding checks and bills of exchange - in commercial transactions is the registered office of Apartment City. If a contracting party fulfills the condition of § 38 paragraph 2 ZPO (German Code of Civil Procedure) and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the social domicile of Apartment City. 4. 4. German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded. 5. should individual provisions of these General Terms and Conditions for Apartment City admissions be or become invalid or void, this shall not affect the validity of the remaining provisions. Otherwise, the statutory provisions apply