General terms and conditions of SaarPartments
§ 1 Scope These terms and conditions apply to all contracts for the rental of furnished apartments for accommodation as well as for all related services and deliveries provided by SaarPartments for the customer. The service is provided exclusively on the basis of these terms and conditions; We do not recognize conflicting or deviating general terms and conditions of the customer, unless we have expressly agreed to their validity.
§ 2 Conclusion of the contract, contractual partner, subletting and re-letting
The contract comes into being when SaarPartments accepts the customer's application. SaarPartments is free to confirm the customer's booking in writing. If the content of the reservation confirmation deviates from the content of the customer's application, the differing content of the reservation confirmation becomes binding for the customer and SaarPartments if the customer does not object in writing within one week of receipt. SaarPartments undertakes to specifically point this out to the customer at the beginning of the period. The contractual partners are SaarPartments and the customer. If a third party, in particular a client or employer, has ordered for the customer, he and the customer are jointly and severally liable to the customer for all obligations arising from the rental agreement, provided that SaarPartments has received a separate, express declaration from the third party. The subletting or re-letting of the rented apartment as well as the invitation to job interviews, sales or similar events require the written consent of SaarPartments. § 540 Paragraph 1 Clause 2 BGB is expressly excluded if the customer is an entrepreneur.
§ 3 Services, prices, payment modalities
SaarPartments is obliged to keep the apartment booked by the customer or an equivalent apartment available and to provide the agreed services. The customer is obliged to pay the agreed or customary prices of SaarPartments for the apartment and the other services used by him. The agreed prices include the respective statutory value added tax. In the case of a rental period of more than one month, the agreed remuneration is to be paid monthly in advance by the 3rd working day of the month to the SaarPartments account specified in the rental agreement. Otherwise, SaarPartments invoices without a due date are payable within 5 days of receipt of the invoice without deduction. SaarPartments is entitled to make accrued claims due at any time and to demand immediate payment. In the event of default in payment, SaarPartments is entitled to charge default interest of 8% or, in the case of transactions in which a consumer is involved, of 5% above the base rate. SaarPartments expressly reserves the right to provide evidence of higher damage. For each reminder after the occurrence of default, reminder costs in the amount of 3.00 euros will be charged. The customer is free to prove that these did not arise or did not arise in the required amount. SaarPartments is entitled to request the total amount, but at least 50% advance payment and / or security deposit, upon conclusion of the contract. The security deposit can also be made by providing credit card details. In this case, SaarPartments is entitled to collect the agreed remuneration by credit card if payment deadlines are not met. The customer can only offset claims against SaarPartments that are undisputed, legally established or ready for decision. If the customer is an entrepreneur, he can only reduce the rent if the right of reduction is undisputed or has been legally established. If the customer has provided security by providing credit card data, SaarPartments is entitled to collect the ancillary services used by the customer such as special cleaning, errands or others via the customer's credit card after the corresponding invoice has been issued.
§ 4 Smoking ban, keeping of animals
The SaarPartments are non-smoking apartments. Therefore, smoking is prohibited in the apartments. In the event of a breach, SaarPartments is entitled to terminate the contract without notice. In addition, if necessary, SaarPartments can charge costs for a special final cleaning in the event of nicotine smell in the apartment in the amount of at least EUR 500. The keeping of animals in the rented apartments is only permitted with the written consent of SaarPartments.
§ 5 Provision, handover and return
Unless otherwise agreed, the customer has no right to the provision of a specific apartment. Booked apartments are available to the customer from 4 p.m. on the agreed arrival date. The customer has no right to earlier availability. On the agreed departure date, the SaarPartments apartment must be vacated by 11 a.m. at the latest. Thereafter, SaarPartments can charge 50% of the daily price for the apartment due to the delayed return, provided that the vacancy is done by 4 p.m. If the room is only vacated after 4 p.m., the full daily rate for the following day can be invoiced. This does not justify contractual claims by the customer. The apartment must be returned in the condition in which the customer found it. The customer must remove all personal items from the apartment and dispose of any food they have brought with them. Unless otherwise agreed, the keys are to be left on the dining table and the door to be closed.
§ 6 Withdrawal and cancellation
The following cancellation conditions apply to the customer: Direct bookings, bookings exclusively on this platform, are canceled free of charge in the event of a written cancellation up to 7 days of booking before 6:00 p.m. Cancellations 7 to 1 day before the day of booking before 6 p.m. will be reimbursed with travel credit. No-show or cancellations 1 day before the day of booking are non-refundable. A cancellation must be made in writing (by email, letter, SMS) to Contact@SaarPartments.de. If a date for free withdrawal from the contract has been agreed in writing between SaarPartments and the customer, the customer can withdraw from the contract until then without triggering payment or damage claims against SaarPartments. The customer's right of withdrawal expires if he does not exercise his right of withdrawal in writing to SaarPartments by the agreed date. If the customer's right to withdraw free of charge has been agreed in writing within a certain period, SaarPartments is also entitled to withdraw from the contract during this period if there are inquiries from other customers about contractually booked apartments and the customer does not waive his right to withdraw when asked by SaarPartments. If an agreed advance payment or security deposit is not made even after a reasonable grace period set by SaarPartments has expired, SaarPartments is entitled to withdraw from the contract. In this case, the customer has to pay SaarPartments cancellation fees and processing fees according to
§ 6 Section
1. SaarPartments is also entitled to extraordinarily withdraw from the contract for an objectively justified reason, for example if force majeure or other circumstances for which SaarPartments are not responsible make it impossible to fulfill the contract; Apartments are booked with misleading or false information about essential contractual facts, for example those relating to the person of the customer or the purpose; SaarPartments has justified cause to assume that the use of the booked apartments can endanger the peace of the house, the security or the public image of SaarPartments, without this being attributable to the sphere of control or organization of SaarPartments.
§ 7 Loss of or damage to items brought in.
Items brought in are at the risk of the customer in the rented apartment. SaarPartments assumes no liability for loss, destruction or damage, not even for financial loss, except in the case of gross negligence or willful intent on the part of SaarPartments. This does not include damage resulting from injury to life, limb or health. In addition, all cases in which safekeeping is an essential contractual obligation due to the circumstances of the individual case are excluded from this exemption from liability.
§ 8 Technical equipment and connections
The use of the customer's own electrical systems using the apartment's power grid requires the written consent of SaarPartments, unless they are items of normal daily use. Malfunctions or damage to the technical systems of the apartment caused by the use of these devices by the customer are at the expense of the customer, insofar as SaarPartments is not responsible for them. The customer is prohibited from doing illegal file sharing via the internet connection provided by SaarPartments. This includes any upload or download of copyrighted music, film or software files. The customer is liable for all damage suffered by SaarPartments and / or the rights holder as a result of the customer's infringement. Faults in the technical or other equipment made available by SaarPartments will be eliminated immediately if possible. Payments cannot be withheld or reduced if SaarPartments is not responsible for these disruptions. The SaarPartments apartments are equipped with at least one television and a BOSE Bluetooth speaker. The use of these is only permitted if the customer has previously registered them with the GEZ.
§ 9 Access by SaarPartments employees
The employees are entitled to enter the rented apartment after consultation with the customer to carry out repairs, to read electricity and water meters and to inspect them as part of the subsequent rental. In the event of imminent danger, SaarPartments is also entitled to enter the apartment without consulting the tenant.
§ 10 Liability of the customer for damage
If the customer is an entrepreneur, he is liable for all damage to the building or inventory caused by visitors, employees or other third parties in his area or himself. When the apartment is handed over, the customer is provided with an inventory list that he has to countersign. The customer has to reimburse the costs of items that are no longer available when the apartment is vacated. SaarPartments can demand the provision of appropriate securities from the customer (e.g. insurance, deposits, guarantees). The security deposit can also be made by providing credit card details. In this case, SaarPartments is entitled to collect the costs for the removal of damage to the apartment culpably caused by the customer or any roommates or visitors via the customer's credit card. SaarPartments will determine the cost of repairing the damage beforehand by obtaining a cost estimate from a skilled tradesman. The customer is obliged to do what is reasonable for him to remedy the disruption and to keep possible damage to a minimum.
§ 11 Liability of SaarPartments
SaarPartments is liable for its obligations under the contract with the care of a prudent businessman. Customer claims for compensation are excluded. Excluded from this are damage resulting from injury to life, limb or health if SaarPartments is responsible for the breach of duty, other damage that is based on an intentional or grossly negligent breach of duty by SaarPartments, and damage that is due to an intentional or negligent breach of essential contractual obligations of SaarPartments are based. A breach of duty by SaarPartments is equivalent to that of a legal representative or vicarious agent. Should disruptions or deficiencies in the services of SaarPartments occur, SaarPartments will endeavor to remedy the situation if they become aware of them or if the customer complains immediately. SaarPartments is not liable to the customer for items brought in. Valuables can be kept in the safe, if available in the apartment. SaarPartments recommends making use of this option. Insofar as the customer is provided with a parking space for a fee, this does not result in a safekeeping agreement. SaarPartments is not liable for loss of or damage to vehicles parked or maneuvered in the parking lot or their contents. Any damage must be reported immediately. All claims against SaarPartments generally become statute-barred one year from the beginning of the regular limitation period of Section 199 (1) of the German Civil Code (BGB).
§ 12 Final provisions
Changes or additions to the contract, the acceptance of applications or these terms and conditions for renting apartments should be made in writing. Unilateral changes or additions by the customer are invalid. The place of fulfillment and payment is Saarbrücken. The exclusive place of jurisdiction - also for check and bill of exchange disputes - is the registered office of SaarPartments. German law applies. The application of the UN sales law and the conflict of laws is excluded. Should individual provisions of these general terms and conditions be or become ineffective or void, this shall not affect the validity of the remaining provisions. In this case, the statutory provisions apply.
