- rental of objects
1.1. contracting party
homeapartments.de rents out rooms in Stuttgart and the surrounding area in the name of and on behalf of landlords. The contractual partner of the party making the booking (in the future, the tenant) is therefore not homeapartments.de, but the respective landlord of the property as indicated in the rental agreement or in the confirmed booking. The booking at homeapartments.de does not create a contractual relationship between the tenant and homeapartments.de.
1.2 Rental Contract
With the booking the tenant is not yet entitled to rent the object booked by him. The rental agreement shall only come into existence upon confirmation of the booking by homeapartments.de. The conditions for the conclusion of the rental contract are specified by homeapartments.de for each individual booking and may therefore differ.
1.3 Term of the contract
The rental contract is concluded for a limited period of time. The time limit is determined by the date of arrival and the date of departure.
1.4 Rental object
By concluding the Contract, the Lessee does not acquire any claim regarding the object chosen by him. For organizational reasons, it is possible that the booked accommodation must be changed In this case, comparable accommodation will be provided for the tenant. The Lessee has the right to withdraw from the contract, further claims (especially compensation for damages, reimbursement of expenses) do not exist.
1.5 Extension of the rental contract or renewed booking
An extension of the lease or renewed booking is possible subject to availability. This must be declared to homeapartments.de in writing, stating the object, the period and the number of persons. The new rental contract is concluded by a booking confirmation from homeapartments.de. The same provisions apply to this new rental agreement as to the old rental agreement. A verbal agreement with the landlord is not sufficient!
2.1 Due date of the rent
In deviation from the statutory provisions, the rent for the entire rental period shall always be paid in advance. Payment is due upon conclusion of the rental contract. The contract is concluded by sending the booking confirmation by homeapartments.de.
2.2 Payment of the rent
The rent shall be paid by bank transfer to the landlord’s account; the landlord’s bank details shall be communicated to the tenant with the booking confirmation. However, the rent is payable to the Lessor at the latest when the Lessee moves into the room. The landlord accepts the rent in cash and gives the tenant a receipt for this. Deviating from this, homeapartments.de may demand a deposit for the booked object.
With occupation of the room without payment of the rent the tenant comes into delay with the rent payment. In this case, the tenant is liable for damages incurred by the landlord for the delay.
3 Cancellation and premature termination of the lease agreement
The following provisions shall apply to termination and premature termination of the lease agreement prior to the expiration of the limited lease term (Section 1):
3.1 Written notice of termination
To be effective, notice of termination must be given in writing. The Lessee may give notice of termination of the lease to the Lessor or to homeapartments.de. In case of dispute, the tenant has to prove that he has declared the termination. If the tenant wants to end the lease by moving out early, he has to notify the landlord in writing. In case of dispute, the Tenant must prove that he moved out before the expiry of the lease term and terminated the lease in this way.
3.2 Lump-sum compensation in case of termination and premature termination of the lease by the Lessee
The following provisions shall apply to termination and other premature termination of the Lease by the Tenant:
In the event of termination of the Lease Agreement, the Lessee shall compensate the Lessor for any damage caused thereby.
3.2.2 Termination before the beginning of the rental period
|The termination is declared||corresponds to a compensation of:|
|more than 25 days||0 %|
|25 bis 21 days||20 %|
|16 bis 20 days||40 %|
|11 bis 15 days||60 %|
|6 bis 10 days||70 %|
|0 bis 5 days||80 %|
|before the beginning of the lease||of the contractually agreed rental price|
If, according to the table, cancellation costs of less than 25.00 euros are incurred, a processing fee of 25.00 euros will be charged as a lump sum instead. For the calculation of the deadlines the legal regulations apply. The lump-sum compensation is due immediately upon receipt of the notice of cancellation. Deposits made will be retained in full in the event of termination within the specified deadlines. The amount of the aforementioned lump-sum cancellation costs takes into account the average saved expenses and the usually possible alternative use of the booked accommodation. If the tenant cancels by leaving early after the start of the rental period, the above provision shall apply accordingly. The day of the early departure is considered as the day of termination. The early departure does not replace the requirement of a written notice of termination by the Lessee.
3.2.3 Termination of group contracts
In the case of group contracts, reductions in the number of persons of up to 10% of the stated group size can be made free of charge in writing up to two days before arrival. In case of reductions of the group number of persons of more than 10% within the 25 days cancellation period or omission of the reduction notification in the first case, the entire difference to the registered number of persons will be treated as a cancellation within the cancellation periods.
3.3 Replacement tenant, proof of lesser damage by the tenant
The Lessor and/or homeapartments.de shall endeavor to re-let the room upon termination of the tenancy and in the ordinary course of business. The tenant may provide a substitute tenant. Furthermore, the tenant is at liberty to prove to the landlord that a lesser damage has occurred.
- place of jurisdiction
The place of jurisdiction for all disputes arising from the rental relationship is, in accordance with the statutory provisions, the district of Stuttgart, Augsburg or Munich in which the rented property is located.
- travel contract law
The homeapartemnts.de is not a tour operator. The provisions of the Civil Code on the law of the tour operator, including its liability, are therefore not applicable.
- severability clause
Should one or more of the above provisions of the General Terms and Conditions be invalid, the remaining provisions shall remain unaffected. The parties shall then endeavor to find a permissible provision that comes as close as possible to the intended provision.
Stuttgart in October 2006
represented by Henning Latza (Dipl. Kfm.)
Admission after §34c GewO by the trade office Augsburg