General terms and conditions of business

1. SCOPE & CONTRACTUAL PARTNER

1.1 These General Terms and Conditions, hereinafter referred to as T&Cs, apply to all contracts for the rental of studios, flats, apartments and houses for accommodation concluded between XZLLENZ GmbH (hereinafter XZLLENZ) or Stay XZLLENZ GmbH (here also XZLLENZ) and third parties (guests), as well as to all other services and deliveries provided by the aforementioned companies.

1.2 The guest’s contractual partner is XZLLENZ GmbH.

1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in writing beforehand.

2. RESERVATIONS/BOOKING

2.1 By making a reservation/booking, the guest offers to conclude an accommodation contract. If the booked apartment is available, the guest will receive a reservation/booking confirmation from XZLLENZ. This confirmation creates an accommodation contract between XZLLENZ and the guest.

2.2 Offers from XZLLENZ regarding available apartments are subject to change and non-binding. XZLLENZ is free to refuse to conclude an accommodation contract at its own discretion.

2.3 If the guest only books one category in an offered property, the guest has no right to use the accommodation service in a specific apartment/unit. XZLLENZ reserves the right to impose customary restrictions such as minimum stays, booking guarantees or deposits for specific travel dates.

3. CANCELLATION PERIODS/

WITHDRAWAL BY THE CUSTOMER/

FAILURE TO USE SERVICES (NO SHOW)

3.1 A reservation is only guaranteed once the guest has paid XZLLENZ. This can be cancelled by the guest free of charge in accordance with the cancellation conditions and cancellation deadlines stated, by stating the relevant reservation number.

If a right of withdrawal has not been agreed or has already expired (expiry of the free cancellation period), there is also no legal right of withdrawal or termination and XZLLENZ does not agree to a cancellation of the contract, XZLLENZ retains the right to the agreed remuneration despite non-use of the service (no-show) or late cancellation. If the rooms are not rented to anyone else, XZLLENZ can make a lump sum deduction for saved expenses. In this case, the customer is obliged to pay the contractually agreed prices for the overnight stay, and the cleaning costs will be reimbursed in full. The customer is free to provide evidence that the aforementioned claim did not arise or did not arise to the required amount. In addition, if the guest does not show up in the case of reservations guaranteed for several days, all further nights from the first night onwards will be canceled and the guest is not entitled to the following nights.

3.2 For reservations made on the day of arrival, the guest must make payment for the stay in accordance with Section 5 immediately, normally within one hour.

4. ACCOMMODATION RATES & OTHER RATES

4.1 The prices quoted by XZLLENZ at the time of conclusion of the contract shall be valid.

Applicable and stated prices are gross and include all statutory taxes, fees and duties.

Local taxes owed by the guest, such as tourist taxes, are not included.

5. PAYMENT TERMS & INVOICE

5.1 The price for the overnight stay booked by the guest must always be paid in advance by the guest.

5.2 Set-off by the guest is excluded unless the set-off concerns an undisputed or legally established claim.

5.3 Accepted payment methods are MasterCard, Visa, American Express, Sofortüberweisung, Paypal or regular bank transfer. Cash payments are not accepted.

5.4 XZLLENZ reserves the right to charge the deposited payment methods for amounts for additional services used or violations of the General Terms and Conditions. The guest expressly authorizes XZLLENZ to do so.

5.5 A reservation implies the guest’s consent to receive his/her invoice as a download or via email.

6. POSSIBLE USE OF RESERVED APARTMENTS

6.1 A reserved apartment is available to the guest during the period specified after the booking.

6.2 The keys, parking permits and/or key cards provided by XZLLENZ must be left on the day of departure at XZLLENZ, a third party designated by XZLLENZ or at the storage location in the apartment indicated by XZLLENZ by means of signs and/or a message.

If a key, key card or parking permit is lost or if these items are not returned, a fee of €40.00 will be charged. XZLLENZ is also entitled to charge the guest further compensation for the damage caused if the damage exceeds €40.00. This also includes replacing the locking system in question if this is necessary for security reasons. The guest has the option of proving that XZLLENZ has suffered less damage or no damage at all.

6.3 A later departure (late check-out) can be agreed upon request and subject to availability between XZLLENZ and the guest.

If XZLLENZ agrees to the late check-out, XZLLENZ is entitled to charge €10.00 for each hour started for the additional use of the apartment. If there is no agreement, XZLLENZ is entitled to charge €30.00 for each hour started. If you leave more than 3 hours after the originally agreed check-out, the full price of the apartment will be charged if XZLLENZ has agreed. If there is no agreement, the guest is liable for the full price of the apartment and for any additional damage incurred. The guest has the option of proving that XZLLENZ has suffered less damage or no damage at all.

6.4 The guest cannot derive a contractual right to a late check-out.

6.5 An earlier arrival (early check-in) can be agreed upon request and subject to availability between XZLLENZ and the guest.

If XZLLENZ agrees to early check-in, XZLLENZ is entitled to charge €10.00 per hour for additional use of the apartment. The guest cannot derive a contractual claim to early check-in.

7. Transfer, subletting, use

7.1 Subletting or re-letting of the booked apartment is prohibited. This includes in particular the re-letting of the apartments or apartment contingents to third parties at prices higher than those stated by XZLLENZ.

Likewise, the assignment or sale of claims against XZLLENZ is not permitted. In these cases, XZLLENZ is entitled to cancel the reservation, especially if the guest has made false statements about the type of booking or payment to third parties at the time of assignment/sale.

7.2 The use of XZLLENZ apartments for purposes other than accommodation is expressly prohibited. This includes in particular any commercial or illegal use.

The use of the apartments for taking photos or videos is also prohibited without explicit consent. In the event of use for reasons other than accommodation, XZLLENZ reserves the right to cancel the reservation without refund and to vacate the rental property.

8. LIABILITY OF XZLLENZ

8.1 XZLLENZ is liable without limitation for damages resulting from injury to life, body or health for which it is responsible. XZLLENZ is also liable for other damages that are based on an intentional or grossly negligent breach of duty by XZLLENZ.

In the case of simple negligence, XZLLENZ's liability is limited to the damage typically foreseeable under the contract, provided that an obligation is violated, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the guest can rely (cardinal obligation).

A breach of duty by XZLLENZ is equivalent to a breach of duty by its legal representatives, employees or vicarious agents.

Further claims for damages – unless otherwise provided for in these General Terms and Conditions – are excluded.

8.2 In the event of disruptions or defects in the services provided by XZLLENZ, XZLLENZ will endeavour to remedy the situation upon immediate notification by the guest or upon becoming aware of the problem.

The guest is also obliged to do what is reasonable to remedy the disruption or defect and to minimize any resulting damage.

In addition, the guest is obliged to immediately inform XZLLENZ of the possibility of significant damage occurring.

8.3 XZLLENZ is liable for items brought in according to the statutory provisions. Any claim by the guest expires if he does not report the loss, destruction or damage to XZLLENZ immediately after becoming aware of it, with the exception that a late report has no effect on the clarification of the facts.

In the case of bringing in funds, valuables or other valuables with a value of more than €800.00 or other items with a value of more than €3,500.00, a separate written agreement with XZLLENZ is required. Otherwise, XZLLENZ is not liable for the loss, destruction or damage of these funds or items.

8.4 No storage contract is concluded if a parking space is made available to the guest by XZLLENZ for a fee or free of charge. This does not result in any monitoring obligation for XZLLENZ.

In the event of loss, theft or damage to vehicles parked or maneuvered on the property and/or in the parking space provided by or through the use of the vehicle, XZLLENZ shall only be liable in the event of intent or gross negligence.

The guest is obliged to report any damage immediately. Obvious damage must be reported before leaving the pitch.

XZLLENZ is not liable for damages that are solely the responsibility of other guests or other third parties.

8.5 Any claims against XZLLENZ generally expire within one year from the start of the statutory limitation period. This does not apply to claims for damages or other claims arising from injury to life, body or health and/or due to grossly negligent or intentional breach of duty by XZLLENZ or in the event of breaches of a cardinal duty.

8.6 XZLLENZ accepts no liability for lost property. Liability due to intentional or grossly negligent breaches of duty by XZLLENZ is excluded. Lost property will only be returned upon request for a fee and an additional processing fee of €15.00.

XZLLENZ undertakes to store lost property for a period of six months. It will then be disposed of.

9. DEPOSIT

9.1 To secure all claims of XZLLENZ against the guest resulting from the accommodation contract, XZLLENZ is entitled to collect the following security deposits from the guest before the apartments are handed over:

9.2 For stays of less than three months, a deposit of €250.00 is required.

9.3 For stays of three to six months, a deposit equal to one month's overnight stay is required.

9.4 In the event of a stay of less than three months, XZLLENZ is entitled to collect the deposit/security deposit by pre-authorising the means of payment to cover the security deposit.

If the guest does not pay the deposit/security deposit, he or she has no right to stay in the apartment.

If XZLLENZ has nevertheless left the apartment to the guest, XZLLENZ is entitled to terminate the accommodation contract without notice if the deposit is not paid within a reasonable grace period to be set.

9.5 XZLLENZ is obliged to settle the deposit within one month after termination of the accommodation contract.

10. CUSTOMER DATA

10.1 XZLLENZ collects and records the guest’s email addresses and telephone number to ensure communication.

Likewise, XZLLENZ is entitled to digitally request a valid identification document upon check-in.

For domestic guests this is an identity card or passport, for foreign guests it is always a passport.

10.2 If the identity of a guest cannot be clearly established due to missing or incorrect documents, XZLLENZ is entitled to cancel the booking.

10.3 XZLLENZ is entitled to cancel a guest’s booking if the identity of a guest cannot be clearly established due to missing or incorrect documents.

10.4 To prevent fraudulent and malicious bookings, XZLLENZ uses software solutions that use the data requested from the guest (email address, telephone number, credit card details, address) to determine a “fraud prevention score” for each guest in order to detect fraudulent bookings.

XZLLENZ reserves the right to cancel a booking marked accordingly by the system.

11. TERMINATION OF THE ACCOMMODATION CONTRACT

11.1 XZLLENZ reserves the right and is entitled to terminate an accommodation contract for good cause.

In particular, an important reason exists if

a) force majeure or other circumstances beyond XZLLENZ’s control make the performance of the contract impossible

b) XZLLENZ has reasonable grounds to believe that the use of the accommodation service may endanger either the smooth running of the business, the security or the external image or image of XZLLENZ and its locations in the public eye, without this being attributable to the sphere of control or organization of XZLLENZ

c) bookings are made negligently using misleading or false information or by concealing essential facts; the essential factors may be, but are not limited to, the identity of the guest, the ability to pay or the purpose of the stay

d) the purpose or reason for the stay is illegal or serves the purpose of residential prostitution

e) In the case of resale or subletting and/or sub-brokerage (see section 7)

XZLLENZ must inform the guest immediately about the exercise of the right of termination.

11.2 The guest shall have no right to compensation in the event of justified termination by XZLLENZ.

11.3 If XZLLENZ terminates the contract due to circumstances for which the guest is responsible or for a reason as per section 1 above, XZLLENZ is entitled to cancel or reject future bookings made by the guest, even if these have already been confirmed by XZLLENZ.

12. VOUCHERS

12.1 A voucher purchased from XZLLENZ can only be redeemed for services from XZLLENZ. If there is a remaining balance on payments made with the voucher, this will remain and can be used for further bookings.

12.2 Vouchers cannot be returned, are not resalable or transferable and are not redeemable in whole or in part for cash.

12.3 The purchaser of the voucher is responsible for providing the correct data (in particular the email address) to which the voucher and invoice should be sent.

12.4 Vouchers expire after a period of 365 days and the guest is no longer entitled to credit or redeem the (remaining) amount.

13. SMOKING PROHIBITION AND SAFETY DEVICES

13.1 All XZLLENZ apartments are non-smoking apartments. Smoking in the apartments and in common areas of XZLLENZ is strictly prohibited. This also applies to e-cigarettes, shisha pipes, tobacco heaters and similar devices.

13.2 Smoking on balcony and/or terrace areas is only permitted if appropriately marked and the door to the apartment is closed.

13.3 In the event of a violation, XZLLENZ has the right to demand compensation from the guest for the additional cleaning costs, including any loss of revenue from the unreasonable subletting of the apartment due to the incident, in the amount of at least EUR 250.00. This compensation amount is nevertheless to be set higher if XZLLENZ can prove that the damage was greater. The guest has the opportunity to prove that XZLLENZ suffered less or no damage at all.

13.4 Tampering with or blocking emergency exits, fire extinguishers or the fire/house alarm is prohibited. Violations will result in a fine of €150. This also applies to tampering with or turning off security and decibel sensors within the apartment.

13.5 XZLLENZ is entitled to terminate an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations according to points 13.1 and 13.4. In these cases, there is no entitlement to a refund or partial reimbursement. The guest has the opportunity to prove that XZLLENZ has suffered less or no damage at all.

13.6 XZLLENZ buildings may contain networked smoke detectors that are directly connected to the fire department or security service control center. If the fire alarm system is triggered intentionally or negligently (for example due to a violation of the smoking ban), the guest is fully liable, but at least for the amount of the actual costs incurred (for example, costs of deploying the fire department or security service).

14. PROHIBITION OF PARTIES AND GATHERINGS

14.1 Noise must generally be avoided in the booked apartment, the communal areas and the surrounding area. Quiet hours must be observed from 10 p.m. to 6 a.m. ("quiet times"), unless different times are specified in the house rules.

14.2 Parties and gatherings are strictly prohibited in XZLLENZ apartments and common areas.

14.3 In the event of a violation, XZLLENZ has the right to demand compensation from the guest for the additional cleaning costs, including any loss of revenue from the unreasonable subletting of the apartment due to the incident, in the amount of EUR 500.00. The right to further compensation is not affected by this. The guest has the opportunity to prove that XZLLENZ has suffered less or no damage at all.

14.4 XZLLENZ apartments may contain sensors for measuring decibels.

These sensors do not record voices or conversations, but are used to detect excessive volume.

In common areas of XZLLENZ, such as corridors or other common areas, sensors for measuring decibels can also be installed, as well as active video surveillance, which records 24/7 and stores it in a cloud environment.

14.5 XZLLENZ is entitled to terminate an active booking with immediate effect and to expel guests from the hotel if it becomes aware of violations according to points 14.1 and 14.2. In these cases, there is no entitlement to a refund or partial reimbursement. The guest has the opportunity to prove that XZLLENZ has suffered less or no damage at all.

XZLLENZ reserves the right to use the services of a third party, such as a security service, to enforce its house rules.

Any costs incurred due to the intervention of a third party will be passed on to the guest.

15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY

15.1 If damage occurs during the accommodation beyond the contractual use or if inventory is removed from the unit without authorization, XZLLENZ is entitled to compensation, which includes in particular the costs of repairing the damage, including any loss of revenue resulting from the apartment not being able to be rented out, legal costs plus a processing fee of €50 for such a case of damage. The guest has the opportunity to prove that XZLLENZ has suffered less or no damage at all.

16. PETS

16.1 Bringing (domestic) animals into apartments and common areas is not permitted. Exceptions are guide dogs, deaf dogs and other similar service dogs. These may be brought along free of charge and at any time upon presentation of proof.

The relevant proof must be presented to XZLLENZ independently before check-in.

16.2 XZLLENZ is entitled to make further exceptions to the above principle. The guest is not entitled to this. If a pet stays in a unit without permission, XZLLENZ will charge a flat rate of EUR 150.00 for a special cleaning fee.

XZLLENZ is entitled to cancel an active booking with immediate effect and to expel guests from the property if there are violations of point 1. In these cases, there is no entitlement to a refund or partial reimbursement. The guest has the option of proving that XZLLENZ has suffered less or no damage at all.

17. MAINTENANCE

17.1 By booking an apartment from XZLLENZ, the guest undertakes to treat the apartment provided as well as the rooms, facilities and equipment intended for communal use with care and consideration, to ensure adequate ventilation and heating, and to avoid major soiling. If soiling that goes beyond normal use occurs during the guest's stay or after their departure, XZLLENZ has the right to charge the guest an additional cleaning fee of at least EUR 50.00 (depending on the condition of the unit). The guest has the opportunity to prove that XZLLENZ has suffered less or no damage.

17.2 The guest also undertakes to check the furnishings of the apartment for completeness and usability upon moving in and to report any defects and complaints to XZLLENZ immediately.

17.3 The guest is liable for all damage to the apartment provided to him, the furnishings and the rooms, facilities and equipment intended for communal use, which he or his visitors have culpably caused through use contrary to the contract and which is not attributable to normal wear and tear.

The guest must immediately report any damage to the apartment to XZLLENZ.

17.4 For bookings of more than 7 nights, XZLLENZ is entitled to carry out weekly intermediate cleanings. The guest is obliged to grant the service provider commissioned by XZLLENZ or employees of XZLLENZ access to the apartment for this purpose.

18. INTERNET USE

18.1 XZLLENZ will provide the guest with Internet access within the scope of the existing technical and operational possibilities. Disruptions, for example due to force majeure or maintenance work or similar, cannot be ruled out.

18.2 The guest may not misuse the internet connection. Misuse occurs in particular in the following cases: downloading and distributing copyrighted content via peer-to-peer sharing platforms, illegal streaming services and the posting, retrieval or transmission of criminally relevant content (in particular §§ 130, 130a, 131 and 184 StGB). The guest is obliged to observe the copyright, patent, name, trademark and personality rights of third parties when using the internet connection. The guest shall indemnify XZLLENZ upon first request from all claims and demands for damages from third parties as well as from the costs of legal defense in an appropriate amount that have been caused by illegal use of the internet connection provided by the guest or by third parties with the knowledge of the guest. This indemnification claim covers in particular claims arising from the violation of copyright, patent, name, trademark and personality rights as well as violations of data protection law.

18.3 The guest is prohibited from passing on the access data for the XZLLENZ internet connection to third parties. This also applies to the publication of any access data. In the event of a violation, the guest is liable to XZLLENZ for all damages caused by the passing on of the access data.

18.4 Furthermore, XZLLENZ reserves the right to block the guest’s internet connection in the event of legal violations.

19. DATA PROTECTION

19.1 The data protection provisions can be viewed at:

https://XZLLENZ.com/de/privacy-policy/

20. FINAL PROVISIONS

20.1 Changes and additions as well as the cancellation of the accommodation contract, the acceptance of the application or these General Terms and Conditions must be made in writing. This also applies to the cancellation of this written form clause. Unilateral changes or additions by the guest are invalid.

20.2 The place of performance and payment is the registered office of the accommodation provider.

20.3 The exclusive place of jurisdiction in commercial transactions is the registered office of the accommodation provider. If a contractual partner meets the requirements of Section 38 Paragraph 2 of the Code of Civil Procedure and does not have a general place of jurisdiction in Germany, the place of jurisdiction is the registered office of the accommodation provider.

20.4 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.

20.5 Should any provision of this contract be or become invalid, void or null and void, the validity of the remaining provisions shall not be affected thereby. In place of the invalid/null and void provision, the parties shall agree on a provision that comes closest to the purpose intended by the invalid/null and void provision. This also applies to filling any gaps in the contract.

20.6 The accommodation provider is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.