LivingRoom Boardinghouse . Horexstraße 22 . 61352 Bad Homburg v. d. Höhe
Information pursuant to Section 5 of the German Telemedia Act (TMG)
Boulevard GmbH & Co. Spektrum KG
Dipl.-Kfm. Peter Kolb
Dipl.-BW Konstantin Kolb
Dipl.-Kffr. Laura Kolb
Dipl.-Ing. Ulrike Hofmann
Phone: 06172 - 923 78 03
Entry in the commercial register.
Register Court: Cottbus
Register number: 2712 CB
VAT ID pursuant to Section 27 a of the German Value Added Tax Act (Umsatzsteuergesetz): 049-161-02173
Legal notice generator: www.e-recht24.de
Source references for the images and graphics used
Bad Homburg vor der Höhe Castle: http://de.fotolia.com/id/664749
Memorial in Bad Homburg vor der Höhe: http://de.fotolia.com/id/33360392
Man with newspaper: http://de.fotolia.com/id/37920289
Russian Orthodox Church of All Saints in Bad Homburg vor der Höhe: http://de.fotolia.com/id/53812807
Church of the Redeemer: http://www.shutterstock.com/pic.mhtml?id=139042103&src=id
Man booking hotel reservation on digital tablet: http://de.fotolia.com/id/71975370
Pictures: Christian Eschweiler http://www.christian-eschweiler.de/
Concept design, realisation and marketing
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LivingRoom Aparthotel General Terms and Conditions
· The fully furnished apartment is being rented for temporary use pursuant to Section 549 (2) no. 1 of the German Civil Code (BGB).
· Due to possible measurement errors, the number of m² specified for the apartment is not used to define the rental property.
· The spatial scope of the apartments is clear from the individual layouts.
· The apartment may only be used for residential purposes by the number of people detailed in the rental agreement. Any use other than for residential purposes or use by a greater number of people than detailed in the rental agreement is not permitted.
· If the apartment is rented to a commercial tenant (company), the tenant may only offer the apartment temporarily to its employees, whose names must be passed to the landlord, for the duration of their deployment in Bad Homburg and its surroundings. If the employees change during the ongoing rental period, the tenant must inform the landlord of this immediately and provide him with the names of the new employees.
· The rental period can be extended if the tenant submits an extension request to the landlord in writing, giving the new rental duration, at least 4 weeks (or at least 1 week in the case of 4-week agreements) before the end and if the landlord does not object in writing to this extension at least 5 days (or 3 days in the case of 4-week agreements) before the end.
· The rental period shall not be implicitly extended for an indefinite period of time pursuant to Section 545 of the BGB.
If rooms do not become available on time, the landlord shall not incur any consequences of delay unless the landlord has acted with wilful intent or gross negligence. Other claims of the tenant remain unaffected.
· By signing the agreement, the tenant/user is obliged to register with the relevant authorities if he stays for more than 60 days (secondary residence). The tenant/user expressly undertakes, also to the landlord, to register. If this obligation is violated or if there is any other behaviour preventing the required registration, the landlord shall be entitled to terminate the agreement for cause without notice.
· In the event of a termination for cause due to arrears of rent pursuant to Section 543 of the BGB, the rent shall also include the fixed operating costs.
· 1. The operating costs are included in the rent for the respective apartment. There is no annual statement.
· 2. Final cleaning is not included in the rent. This amounts to
- 1-room apartment at least €100 net,
- 2-room apartment at least €150 net,
- 3-room apartment at least €175 net, all plus any VAT, and is invoiced directly by the service company.
If the signed agreement is withdrawn from between one to two weeks before the planned moving-in date, a cancellation fee amounting to 50% of the monthly rent shall be charged. From the fourth day before the moving-in date, a cancellation fee of 75% of the monthly rent shall be charged.
This only applies to those days when the apartment cannot be otherwise rented.
The total rent at the LivingRoom aparthotel must generally be paid without using cash. For administrative reasons, the landlord only accepts bank transfers.
When the apartment is handed over, proof of payment of the first month’s rent plus a deposit must be provided. Otherwise, the landlord is entitled to withdraw from the rental agreement.
Any claims of the tenant to damages against the landlord are excluded if the landlord’s withdrawal is explained as being caused by the tenant’s delay in payment.
Withdrawal shall not invalidate the landlord's right to claim for damages.
If there are rental arrears, the landlord shall be entitled to demand interest on arrears and compensation for any loss. The agreed interest on arrears shall amount to nine percentage points above the respective basic rate of interest pursuant to Section 247 of the BGB in connection with the law on combating late payment in commercial transactions.
For any reminder due to late payment, the tenant must pay a flat reminder fee of €40 per reminder pursuant to the law on combating late payment in commercial transactions. The tenant retains the right to prove that the losses were lower.
Offsets and retentions due to claims relating to a different contractual obligation are excluded.
· The tenant is not entitled to sublet or otherwise transfer use to a third party, with the exception of visitors, without the express written consent of the landlord. Consent only applies to an individual case; it can be revoked at any time for an important reason. If the apartment is being used by employees of the tenant’s company, this shall not represent subletting in this sense.
· The landlord shall be entitled to termination for cause in the event of use in contravention of the agreement or if the apartment is transferred for use.
· By signing the agreement, the tenant assigns to the landlord the amount payable to him by the subtenant if the apartment is transferred for use, plus the right of lien to the level of the landlord’s rent receivable as security if he has claims against the tenant. The landlord accepts the assignment on signing the agreement.
Given the special nature of the rental property (aparthotel), animals, even small animals, may only be kept if the landlord has given his prior written consent.
· The apartment is fully furnished and comes equipped with crockery, cutlery, bedclothes and pillows, as well as equipment. The furnishings are indicated on the inventory list. The furnishings are also rented. The rent for the furnishings is included in the overall rent.
· The tenant must look after the rented furnishings. The tenant shall be liable for the replacement costs resulting from any loss or damage.
· A handover protocol for the rented furnishings is prepared when the rental period begins. This protocol forms the basis for the return protocol when the rental period ends. Point 2 applies to any damaged or lost objects.
· Analogous to Section 538 of the BGB, wear and tear on the rented furnishings from normal use shall not be borne by the tenant but shall be covered by the rent.
· The tenant must ensure that all of the rented property (rented rooms plus accessories, etc.) are sufficiently cleaned, ventilated and heated and the rooms plus the facilities and installations in them are looked after; he must also act to prevent any water supply and discharge pipes in the rented rooms from freezing.
· If any damage is caused in or to the rented property, the tenant must show the landlord immediately. The tenant is responsible for compensating for loss due to a failure to notify the landlord in good time.
· If damage is caused to the rented property and building - through washing machines and dishwashers as well – and to the facilities belonging to the rented rooms or building through the fault of the tenant, the tenant shall be liable to pay compensation if this has been caused by him or people belonging to his household. This also applies to damage culpably caused by his visitors, suppliers or tradespeople appointed by him through neglect of the duty of care. If the tenant pays compensation, the landlord is obliged to assign to the tenant any claims he has against the party who caused the damage.
Changes to and in the rented property, particularly alterations and installations and the like, may only be undertaken with the prior written approval of the landlord. If requested to do so by the landlord, the tenant is obliged to remove all or some of the alterations and installations when he moves out and to restore the apartment to its former state without it requiring the proviso of the landlord having to give his consent.
During normal daytime hours (work days from 8 a.m. to 7 p.m.), the tenant must ensure that the landlord, a representative, a technical expert and interested parties can inspect the rented property for a justified reason, upon prior notice. In the event of an imminent danger, entry at any time of the day or night must be facilitated. Furthermore, a representative of building management may inspect the apartment once a month.
Cleaners and service employees are also permitted to enter the rented rooms between 8 a.m. and 4 p.m., provided the tenant is availing of this service.
· On moving out, the tenant must remove from the apartment all items belonging to him. If he does not comply with this obligation, the landlord shall be entitled to have the said items removed from the apartment at the tenant’s cost.
· All keys must be returned to the landlord, manager or a representative on moving out. A locking system is in place in the aparthotel as per official regulations. If the keys provided are lost or if some of them are not returned, the tenant shall be liable for the cost of removing the existing locking system and having a new one installed.
· A pre-inspection shall take place 10 days before the apartment is returned in order to determine if anything has been damaged or lost.
The tenant is obliged to observe the House Rules. Actions in contravention of these may lead to a tenancy being terminated.