General Terms and Conditions (GTC)
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 apartments and flats for accommodation concluded between ROOMY APARTMENTS and third parties (guests), as well as to all other services and deliveries provided.
1.2 The guest’s contractual partner in Germany is ROOMY APARTMENTS.
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. Subject to availability of the booked apartment, the guest will receive a reservation/booking confirmation from ROOMY APARTMENTS. This confirmation constitutes an accommodation contract between ROOMY APARTMENTS and the guest.
2.2 Offers from ROOMY APARTMENTS regarding available apartments are subject to change and non-binding. ROOMY APARTMENTS reserves the right to refuse to conclude an accommodation contract at its sole discretion.
2.3 If the guest books only one category in a property offered, the guest is not entitled to use the accommodation services in a specific apartment/unit. ROOMY APARTMENTS reserves the right to impose industry-standard restrictions such as minimum stays, booking guarantees, or deposits for specific travel dates.
3. CANCELLATION DEADLINES/CUSTOMER WITHDRAWAL/NON-USE OF SERVICES (NO SHOW)
3.1 A reservation is only guaranteed upon payment by the guest to ROOMY APARTMENTS. This reservation can be canceled free of charge by the guest in accordance with the stated cancellation policy and cancellation deadlines, providing the corresponding reservation number.
If a right of withdrawal has not been agreed or has already expired (expiration of the free cancellation period), no statutory right of withdrawal or termination exists, and ROOMY APARTMENTS does not agree to a cancellation of the contract, ROOMY APARTMENTS retains the right to the agreed remuneration despite non-use of the service (no-show) or late cancellation. ROOMY APARTMENTS must offset the income from renting the rooms to other parties as well as the saved expenses. If the rooms are not rented to other parties, ROOMY APARTMENTS can deduct a lump sum for saved expenses. In this case, the customer is obligated to pay 90% of the contractually agreed price for the overnight stay. 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, all subsequent nights from the first night onwards will be canceled in the case of reservations guaranteed for several days, and the guest is not entitled to any subsequent 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 PRICES & OTHER PRICES
4.1 The prices quoted by ROOMY APARTMENTS at the time of conclusion of the contract shall be valid.
Applicable and stated prices are gross and include all statutory taxes, fees and charges.
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 Sofortüberweisung or regular bank transfer.
Cash payments are not accepted.
5.4 ROOMY APARTMENTS reserves the right to charge the deposited payment methods for additional services used or violations of the General Terms and Conditions. The guest expressly authorizes ROOMY APARTMENTS to do so.
6. POSSIBLE USE OF RESERVED APARTMENTS
6.1 A reserved apartment is available to the guest for the period specified after the booking.
6.2 The keys and/or key cards provided by ROOMY APARTMENTS must be left on the day of departure with ROOMY APARTMENTS, a third party designated by ROOMY APARTMENTS or at the drop-off location indicated by ROOMY APARTMENTS by signage and/or message.
A fee of €40.00 will be charged for the loss of a key or key card, or for failure to return these items. ROOMY APARTMENTS reserves the right to charge the guest additional compensation for any resulting damages if the damage exceeds €40.00. This includes replacing the affected locking system if necessary for security reasons. The guest has the option of providing evidence that ROOMY APARTMENTS has suffered less or no damage.
6.3 A later departure (late check-out) can be agreed upon upon request and subject to availability between ROOMY APARTMENTS and the guest.
If ROOMY APARTMENTS approves the late check-out, ROOMY APARTMENTS is entitled to charge €10.00 for each hour or part thereof for the additional use of the apartment. If ROOMY APARTMENTS does not approve the late check-out, ROOMY APARTMENTS is entitled to charge €30.00 for each hour or part thereof. For departures more than three hours after the originally agreed check-out, the full price of the apartment will be charged if ROOMY APARTMENTS has approved the late check-out. If ROOMY APARTMENTS does not approve the late check-out, the guest is liable for any additional damages incurred in addition to the full price of the apartment. The guest has the option of providing evidence that ROOMY APARTMENTS incurred lesser or no damages 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 arranged between ROOMY APARTMENTS and the guest upon request and subject to availability.
If ROOMY APARTMENTS approves early check-in, ROOMY APARTMENTS is entitled to charge €10.00 per hour or part thereof for the additional use of the apartment. The guest cannot derive a contractual right to early check-in.
7. Transfer, subletting, use
7.1 Subletting or subletting the booked apartment is prohibited. This includes, in particular, subletting the apartments or apartment contingents to third parties at prices higher than those stated by ROOMY APARTMENTS.
Likewise, the assignment or sale of claims against ROOMY APARTMENTS is not permitted.
In these cases, ROOMY APARTMENTS is entitled to cancel the reservation, especially if the guest has provided false information about the type of booking or payment to third parties upon assignment/sale.
7.2 The use of ROOMY APARTMENTS apartments for purposes other than accommodation is expressly prohibited. This includes, in particular, any commercial or illegal use.
The use of the apartments for photography or video recordings is also prohibited without explicit consent.
In the event of use for reasons other than accommodation, ROOMY APARTMENTS reserves the right to cancel the reservation without refund and to vacate the rental property.
8. LIABILITY OF ROOMY APARTMENTS
8.1 ROOMY APARTMENTS is liable for damages resulting from an intentional or grossly negligent breach of duty by ROOMY APARTMENTS.
In the event of simple negligence, ROOMY APARTMENTS shall only be liable to the extent of the damage typically foreseeable under the contract, provided that an obligation is violated, the fulfilment of which makes the proper execution of the contract possible in the first place and on whose compliance the guest may rely (cardinal obligation).
A breach of duty by ROOMY APARTMENTS is equivalent to a breach of duty by its legal representatives, employees or vicarious agents.
Further claims for damages – unless otherwise provided in these General Terms and Conditions – are excluded.
8.2 In the event of disruptions or defects in the services provided by ROOMY APARTMENTS, ROOMY APARTMENTS will endeavour to remedy the situation immediately upon 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.
Furthermore, the guest is obliged to immediately inform ROOMY APARTMENTS of the possibility of significant damage occurring.
8.3 ROOMY APARTMENTS is liable for property brought into the apartment in accordance with statutory provisions. Any claim by the guest expires if they do not notify ROOMY APARTMENTS immediately after becoming aware of the loss, destruction, or damage, except that a late notification will not affect the clarification of the matter.
In the event of the bringing of funds, valuables, or other valuables with a value exceeding €800.00, or other items with a value exceeding €3,500.00, a separate written agreement with ROOMY APARTMENTS is required. Otherwise, ROOMY APARTMENTS assumes no liability for loss, destruction, or damage to these funds or items.
8.4 No storage agreement is concluded if ROOMY APARTMENTS provides the guest with a parking space, whether for a fee or free of charge. This does not result in any monitoring obligation for ROOMY APARTMENTS.
In the event of loss, theft or damage to motor vehicles parked or maneuvered on the property and/or the parking space provided by or through the use of the property, ROOMY APARTMENTS shall only be liable in the event of intent or gross negligence.
The guest is obligated to report any damage immediately. Obvious damage must be reported before leaving the pitch.
ROOMY APARTMENTS is not liable for damages caused solely by other guests or other third parties.
8.5 Any claims against ROOMY APARTMENTS 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, limb, or health and/or due to grossly negligent or intentional breach of duty by ROOMY APARTMENTS, or in the event of breaches of a cardinal duty.
8.6 ROOMY APARTMENTS assumes no liability for lost property. Liability for intentional or grossly negligent breaches of duty by ROOMY APARTMENTS is excluded. Lost property will only be returned upon request and subject to a fee plus an additional processing fee of €15.00.
ROOMY APARTMENTS 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 ROOMY APARTMENTS against the guest resulting from the accommodation contract, ROOMY APARTMENTS is entitled to collect the following security deposits/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, ROOMY APARTMENTS is entitled to charge 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 ROOMY APARTMENTS has nevertheless left the apartment to the guest, ROOMY APARTMENTS 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 ROOMY APARTMENTS is obliged to settle the deposit within one month after the termination of the accommodation contract.
10. CUSTOMER DATA
10.1 ROOMY APARTMENTS is obligated to collect and record the guest’s email address and telephone number to ensure communication.
Likewise, ROOMY APARTMENTS is entitled to request a valid identification document digitally 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 false documents, ROOMY APARTMENTS is entitled to cancel the booking.
10.3 ROOMY APARTMENTS is entitled to cancel a guest's booking if the guest's identity cannot be clearly established due to missing or incorrect documents.
10.4 To prevent fraudulent and malicious bookings, ROOMY APARTMENTS uses software solutions that calculate a “Fraud Prevention Score” for each guest based on the data requested from the guest (email address, telephone number, credit card details, address) in order to detect fraudulent bookings.
ROOMY APARTMENTS reserves the right to cancel a booking marked accordingly by the system.
11. TERMINATION OF THE ACCOMMODATION CONTRACT
11.1 ROOMY APARTMENTS 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 ROOMY APARTMENTS’ control make the fulfilment of the contract impossible
b) ROOMY APARTMENTS has reasonable grounds to believe that the use of the accommodation service may jeopardise the smooth running of the business, the security or the external image or image of ROOMY APARTMENTS and its locations in the public eye, without this being attributable to the sphere of control or organisation of ROOMY APARTMENTS
c) bookings are made culpably under misleading or false information or by concealing essential facts; the identity of the guest, their ability to pay or the purpose of their stay may be, but are not limited to, important factors
d) the purpose or reason for the stay is illegal or serves the purpose of residential prostitution
e) In the case of resale, subletting and/or sub-brokerage (see section 7)
ROOMY APARTMENTS must inform the guest immediately of the exercise of the right of termination.
11.2 The guest shall not be entitled to compensation in the event of justified termination by ROOMY APARTMENTS.
11.3 If ROOMY APARTMENTS terminates the contract due to circumstances attributable to the guest or for a reason as per section 1 above, ROOMY APARTMENTS is entitled to cancel or reject future bookings made by the guest, even if these have already been confirmed by ROOMY APARTMENTS.
12. VOUCHERS
12.1 A voucher purchased from ROOMY APARTMENTS can only be redeemed for ROOMY APARTMENTS services. Any remaining balance on payments made with the voucher will remain valid and can be used for further bookings.
12.2 Vouchers are non-refundable, non-resellable, non-transferable, and non-exchangeable, 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 are to be sent.
13. SMOKING PROHIBITION AND SAFETY DEVICES
13.1 All ROOMY APARTMENTS apartments are non-smoking. Smoking is strictly prohibited in the apartments and in common areas of ROOMY APARTMENTS. This also applies to e-cigarettes, shisha pipes, tobacco heaters, and similar devices.
13.2 Smoking on balconies and/or terraces is only permitted if appropriately marked and the door to the apartment is closed.
13.3 In the event of a violation, ROOMY APARTMENTS has the right to demand compensation from the guest for the additional cleaning costs, including any loss of revenue resulting from the unreasonable subletting of the apartment as a result of the incident, in the amount of at least EUR 250.00 (net). This compensation amount shall, however, be higher if ROOMY APARTMENTS proves greater damages. The guest has the opportunity to prove that ROOMY APARTMENTS has suffered lesser or no damages at all.
13.4 Tampering with or blocking emergency exits, fire extinguishers, or the fire/building alarm is prohibited. Violations will result in a penalty fee of €150 (net).
This also applies to manipulating or disabling security and decibel sensors within the apartment.
13.5 ROOMY APARTMENTS is entitled to terminate an active booking with immediate effect and to expel guests from the property if it becomes aware of violations under points 13.1 and 13.4. In these cases, there is no right to a refund or partial reimbursement. The guest has the opportunity to prove that ROOMY APARTMENTS has suffered less or no damage.
13.6 ROOMY APARTMENTS buildings may contain networked smoke detectors that are directly connected to the fire department or security service control center. The guest is fully liable for any intentional or negligent activation of the fire alarm system (e.g., due to a violation of the smoking ban), but at least for the actual costs incurred (e.g., fire department or security service response costs).
14. PROHIBITION OF PARTIES AND GATHERINGS
14.1 Noise must generally be avoided in the booked apartment, the common areas, and the surrounding grounds. Quiet hours must be observed from 10 p.m. to 6 a.m. ("Quiet Hours"), unless otherwise specified in the house rules.
14.2 Parties and gatherings are strictly prohibited in ROOMY APARTMENTS apartments and common areas.
14.3 In the event of a violation, ROOMY APARTMENTS reserves the right to demand compensation from the guest for the additional cleaning costs, including any loss of revenue resulting from the unreasonable subletting of the apartment due to the incident, in the amount of EUR 500.00 (net). The right to further compensation remains unaffected. The guest has the opportunity to prove that ROOMY APARTMENTS has suffered lesser or no damages.
14.4 ROOMY APARTMENTS apartments may be equipped with sensors for measuring decibels.
These sensors do not record voices or conversations, but are used to detect excessive volume.
In common areas of ROOMY APARTMENTS, 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 ROOMY APARTMENTS reserves the right to terminate an active booking with immediate effect and to expel guests from the property if it becomes aware of violations under points 14.1 and 14.2. In these cases, no claim to a refund or partial reimbursement exists. The guest has the opportunity to prove that ROOMY APARTMENTS has suffered less or no damage.
ROOMY APARTMENTS reserves the right to use the services of a third party, such as a security service, to enforce its house rules.
Any costs incurred as a result of third-party intervention will be passed on to the guest.
15. DAMAGE OR UNAUTHORIZED REMOVAL OF INVENTORY
15.1 Should damage occur during the stay beyond the contractual use, or should inventory be removed from the unit without authorization, ROOMY APARTMENTS shall be entitled to compensation, which shall include, in particular, the costs of remedying the damage, including any loss of revenue resulting from the inability to rent the apartment, legal costs, plus a processing fee of €50 (net) for such damage. The guest has the opportunity to prove that ROOMY APARTMENTS has suffered lesser or no damage at all.
16. PETS
16.1 Bringing (pet) animals is not permitted in apartments and common areas.
16.2 ROOMY APARTMENTS reserves the right to make further exceptions to the above policy. Guests are not entitled to these exceptions. If a pet is kept in a unit without permission, ROOMY APARTMENTS will charge a flat rate of EUR 150.00 for a special cleaning fee.
ROOMY APARTMENTS reserves the right to terminate an active booking with immediate effect and expel guests from the property if violations of point 1 occur. In these cases, there is no right to a refund or partial reimbursement. The guest has the option of providing evidence that ROOMY APARTMENTS has incurred lesser or no damages.
17. MAINTENANCE
17.1 By booking an apartment from ROOMY APARTMENTS, the guest agrees to treat the apartment, as well as any shared rooms, facilities, and equipment, with care and attention, to ensure adequate ventilation and heating, and to avoid excessive soiling. If soiling exceeds normal use during the guest's stay or after their departure, ROOMY APARTMENTS reserves the right to charge the guest an additional cleaning fee of at least EUR 50.00 (net) (depending on the condition of the unit). The guest has the opportunity to provide evidence that ROOMY APARTMENTS has incurred lesser or no damage.
17.2 Furthermore, the guest undertakes to check the furnishings of the apartment for completeness and usability upon occupancy and to report any defects and complaints to ROOMY APARTMENTS immediately.
17.3 The guest shall be 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 ROOMY APARTMENTS.
17.4 For bookings of more than 7 nights, ROOMY APARTMENTS is entitled to perform weekly intermediate cleaning. The guest is obligated to grant access to the apartment to the service provider commissioned by ROOMY APARTMENTS or to ROOMY APARTMENTS employees for this purpose.
18. INTERNET USE
18.1 ROOMY APARTMENTS will provide the guest with internet access within the scope of existing technical and operational capabilities. 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 Sections 130, 130a, 131, and 184 of the German Criminal Code). The guest is obligated to respect the copyright, patent, name, trademark, and personality rights of third parties when using the internet connection. The guest shall indemnify ROOMY APARTMENTS upon first request from all claims and demands for damages by third parties, as well as from reasonable legal defense costs, caused by the unlawful use of the provided internet connection by the guest or by third parties with the guest's knowledge. This indemnification claim includes, in particular, claims arising from the infringement of copyright, patent, name, trademark, and personality rights, as well as violations of data protection law.
18.3 The guest is prohibited from disclosing the access data for the ROOMY APARTMENTS 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 ROOMY APARTMENTS for all damages resulting from the disclosure of the access data.
18.4 Furthermore, ROOMY APARTMENTS 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://roomy.myweb.smoobu.com/Datenschutz
20. FINAL PROVISIONS
20.1 Amendments and additions, as well as the cancellation of the accommodation contract, the acceptance of an application, or these General Terms and Conditions, must be made in writing. This also applies to the cancellation of this written form clause. Unilateral amendments 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 (2) of the Code of Civil Procedure and does not have a general place of jurisdiction within Germany, the place of jurisdiction shall be 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 provisions is excluded.
20.5 Should any provision of this Agreement be or become invalid, void, or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid/unenforceable provision, the parties shall agree on a provision that most closely approximates the intended purpose of the invalid/unenforceable provision. This also applies to filling any gaps in the Agreement.
20.6 The accommodation provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
