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Livingroom Boardinghouse . Horexstraße 22-24 . 61352 Bad Homburg v. d. Höhe


General Terms and Conditions (GTCs)

Status 29 July 2021

I. Scope

  1. These GTCs apply to all contracts for the renting of flats for lodging as well as to all other goods and services provided to the customer by Boardinghouse Livingroom Bad Homburg.
  2. The customer's terms and conditions of business shall only apply if they have been agreed in writing in advance.

II. Conclusion of the contract

  1. The contract is concluded by Boardinghouse Livingroom's acceptance of the application (confirmation) to the customer. In case of accommodation contracts, Boardinghouse is free to confirm them in writing.
  2. Several customers are liable as joint and several debtors.
  3. The subletting or re-letting of the rooms provided and their use for purposes other than those contractually agreed requires the prior written consent of Boardinghouse Livingroom. § 540 I S. 2 BGB (German Civil Code) is not applicable, as long as the customer is not a consumer.

III. Services, prices, and terms of payment

  1. The customer is obliged to pay the prices applicable or agreed upon for the provision of rooms and other services used.
  2. The parties agree that the customer shall pay a deposit for all claims arising from this contract in the amount of one month's rent, which is due 1 week before handover. The deposit can be paid either by credit card or by bank transfer. On departure, any claims will be deducted from the deposit before it is returned to the customer.
  3. The agreed prices include the statutory value added tax. Boardinghouse Livingroom can charge the customer for any increase in VAT after the contract has been concluded. If there is more than 1 month between the conclusion of the contract and the provision of services and if Boardinghouse Livingroom has increased its prices due to cost increases, Boardinghouse Livingroom can increase the contractually agreed price by the cost increases, up to a maximum of 5%.
  4. All claims of Boardinghouse Livingroom are due immediately upon receipt of invoice without deduction. If no advance payment has been agreed, the claims are due without deduction upon arrival or at the beginning of the service provision. Further services, which are used during the stay, are due on departure without deduction.
  5. The customer may only offset undisputed or legally binding claims.
  6. For each late payment reminder, the customer must pay a flat-rate reminder fee of €5.00, as well as a flat-rate charge of €40.00 each in accordance with the law for combating late payment in business transactions. The customer reserves the right to prove that a lower damage was incurred.
  7. For bookings of 5 consecutive months, the customer will be granted a discount price for long-term renters (from a rental period of 5 months). (Discount price: €150 incl. VAT/month). The renter can terminate the rental agreement in the booked period with a notice period of 4 weeks to the end of a month. If the renter takes the opportunity to terminate the contract and accordingly falls short of the minimum rental period required for the long-term discount, they are obliged to pay the monthly discount of €150.00 incl. VAT for each month in which they were a guest in the "LivingRoom" boarding house.

IV. Withdrawal/cancellation

  1. If no contractual right of withdrawal has been agreed with the customer or is possible according to the following regulations, the withdrawal of the customer from the booked services requires the written consent of Boardinghouse Livingroom. Without consent, the customer remains obliged to pay for the contractually agreed services. This does not apply if the customer has an indispensable legal right of withdrawal or if it is unreasonable to adhere to the contract due to a breach of duty by Boardinghouse Livingroom. Completely independent of time or reasons for cancellation, there is no right to cancel a booking.
  2. The customer must declare the cancellation to Boardinghouse Livingroom in writing.
  3. In principle, cancellations of booked services are possible according to the following rules: In case of cancellation of the signed contract between two weeks and one week before the planned move-in, a cancellation fee of 50% of the total rental price will be charged. From the fourth day before moving in, a cancellation fee of 75% of the total rental price will be charged. This is not a claim for damages but a claim for performance.
  4. Boardinghouse Livingroom must take into account the income from other rents/uses.

V. Furnishings of the rented rooms

  1. The flat is fully furnished, with crockery, cutlery, duvet, and pillows, as well as appliances. The furnishings are listed in the inventory. The furnishings are also rented and are included in the price.
  2. The customer must treat the furnishings with care. The customer shall ensure adequate cleaning, ventilation and heating and treat the rooms and the furnishings and equipment in them with care; they shall also protect the water supply and drainage pipes in the rooms from freezing.
  3. The renter shall be liable to pay compensation for damage to fixtures and fittings of the building and to the installations and equipment belonging to the building if and to the extent that it was culpably caused by them or persons accompanying them or their visitors.
  4. The renter shall immediately notify the lessor, or the service personnel appointed by the lessor of any damage incurred, unless they are obliged to remedy it themself.
  5. The use of the existing furnishings and equipment is expressly at the renters' own risk.
  6. The customer shall be liable for loss or damage in the amount of the replacement costs.
  7. A handover protocol shall be drawn up for the equipment when the renter moves in. This protocol is the basis for the return protocol when the contract ends. Clause 2 applies to damaged and lost items.
  8. Wear and tear of the rented equipment through normal use is not at the expense of the customer, as per § 538 BGB (German Civil Code), but is compensated with the price. The customer shall be free to prove that the above-mentioned claims have not arisen or have not arisen in the required amount.

VI. Arrival and departure/room provision

  1. The customer does not acquire any claim to the provision of specific rooms.
  2. The room can be occupied from 2:00 p.m. on the day of arrival.
  3. The room must be returned on the day of departure by 11:00 am. In the event of late vacation of the rooms, Boardinghouse Livingroom may charge EUR 30.00 for vacations before 6.00 p.m., and EUR 50.00 for vacations after this. Contractual claims of the customer are not justified. Section IV shall apply.
  1. The vacation obligation of the customer shall extend to all objects, as far as they belong to the customer. If the customer does not comply with this obligation, Boardinghouse Livingroom is entitled to have these objects removed at the customer's expense. Boardinghouse Livingroom is not obliged to store these items.
  2. Reimbursement/reduction for services agreed upon but not used is excluded.
  3. In order to ensure that possible damages or lost items can be repaired or replaced before moving out, a pre-departure inspection will take place 5-10 days before moving out, based on the handover protocol.

VII. Withdrawal of the Boardinghouse Livingroom

  1. If an agreed or requested advance payment is not made even after a grace period set by Boardinghouse Livingroom has expired, Boardinghouse Livingroom is entitled to withdraw from the contract and to claim damages.
  2. Boardinghouse Livingroom is entitled to withdraw from the contract for objectively justified reasons, e.g. in the event of force majeure, other circumstances beyond the control of Boardinghouse Livingroom that make fulfilment of the contract impossible, rentals made under misleading or false statement of material facts, as well as equivalent reasons.
  3. In case of a justified withdrawal of Boardinghouse Livingroom, claims for damages by the customer are excluded.

VIII. Duties of the customer

  1. The customer is personally liable for any damage in or to the premises made available during the term of the contract, if necessary jointly and severally with the person responsible.
  2. A use of the provided premises deviating from the agreement entitles Boardinghouse Livingroom to terminate the contract without notice, without reducing the claim of Boardinghouse to the agreed upon remuneration towards the customer.
  3. Small animals may only be brought along by guests with prior consent and are subject to a surcharge. Otherwise, pets are not allowed in the flats.
  4. The customer undertakes to register with the competent authority if the stay is longer than 60 days (secondary residence).
  5. If a fire alarm is triggered at the fire brigade caused by the renter, the renter shall bear all costs incurred for this.
  6. In the case of fire-fighting measures, all resulting costs shall be borne in full by the person causing the fire in the following cases:
    1. by the arsonist, 2. by the person(s) who caused the fire brigade's intervention intentionally or through gross negligence,
    2. by the person(s) who, against their better judgement or in grossly negligent ignorance of the facts, alerted the fire brigade.

IX. Liability of Boardinghouse Livingroom/statute of limitations

  1. Boardinghouse Livingroom is liable with the diligence of a prudent businessman. Claims for damages by the customer are excluded. This does not apply to damage resulting from physical or fatal injury or health impairments and in case of breach of typical contractual duties of Boardinghouse Livingroom, if Boardinghouse Livingroom is responsible for the breach of duty. Also excluded are other damages which are based on a deliberate or grossly negligent breach of duty by Boardinghouse Livingroom. A breach of duty on the part of Boardinghouse Livingroom is equivalent to that of a legal representative or vicarious agent.
  2. Boardinghouse Livingroom is liable for items brought in in accordance with the statutory regulations up to one hundred times the room price, but not exceeding EUR 3,500.00. A maximum limit of EUR 800.00 applies to money, securities, and valuables.
  3. Lost property will only be forwarded on request and against reimbursement of costs. Otherwise, lost property, unless it is stored by the hotel itself, will be given to the responsible lost property office and will not be kept for longer than 6 months.
  4. All claims against Boardinghouse Livingroom expire after one year. The commencement of the limitation period is governed by § 199 I BGB (German Civil Code). Claims for damages become statute-barred after 5 years, regardless of knowledge. This does not apply to claims based on intentional or grossly negligent breach of duty.

X. Extra services

The price does not include all extra services (e.g. bed linen set), which the customer can book through the service company. These extra services will be invoiced directly by the service company to the customer when they are booked.

XI. Final cleaning

Final cleaning is not included in the price.

The standard costs of the final cleaning are to be paid by the customer directly to the service company upon moving in. Boardinghouse Livingroom would like to point out that this final cleaning is not an extra service in the sense of optional services.

The final cleaning is a prerequisite for the handover of the flat to the following customer. The scope of the final cleaning is defined in the service description of the service company. If the customer returns the flat in a condition that cannot be remedied by the usual final cleaning, they can either remedy it themself within a period to be agreed upon or commission the service company with the additional work according to its hourly rates.

The service company shall invoice the customer for additional work after the service has been rendered.

XII. Washing and drying laundry

On the ground floor/1st floor, there is a laundry room with washing machines and dryers. XIII. Entering the rented rooms

During the usual daytime hours (on weekdays from 8 a.m. to 7 p.m.), the customer shall ensure that representatives of Boardinghouse Livingroom, experts and interested parties can visit the flat for a justified reason – upon prior notification. In cases of imminent danger, access must be allowed at any time of the day or night. In addition, the property management company may inspect the flat once a month.

Cleaning staff and service employees are also permitted to do so between 8 a.m. and 4 p.m., provided that the customer makes use of this service.

XIV. Key/transponder

The renter(s) will be given the keys/transponders for the accommodation on the day of arrival after presenting the booking confirmation. The receipt will be confirmed in writing. If a key is lost, this must be reported immediately. Any costs for the necessary replacement of keys and locks shall be borne by the renter, as well as the costs for the opening of the flat door due to the loss of the key/transponder or after leaving the apartment and locking the door without the key/transponder because it is still in the apartment. These costs will be charged directly to the customer by the contracted company performing the work.

XV. Final provisions

  1. Verbal agreements shall only become effective after they have been confirmed in writing by Boardinghouse Livingroom.
  2. The place of performance and payment is Bad Homburg, Germany.
  3. The exclusive place of jurisdiction is Darmstadt, Germany. The same applies if the customer has no general place of jurisdiction in Germany.
  4. German law applies exclusively. The application of the UN sales law and conflict of laws is excluded.
  5. Should individual provisions of these General Terms and Conditions be or become void or ineffective, this shall not affect the effectiveness of the remaining provisions. The parties are obliged to replace the ineffective provisions with an effective provision that comes closest to the original economic and legal intention.