Terms and Conditions SunnySideApartments GmbH
As at june 2012
1. Transmission of Agreement Documents
1.1 The tenant will receive a booking confirmation. This has to be filled in, signed and returned by fax to +49 (0) 89 – 45 22 444-29 or per e-mail to firstname.lastname@example.org
1.2 A deposit is requested for long term bookings (21 days or longer) and will amount to maximum 40% of the rent of the first month. The reservation is valid for both parties only after the deposit has been received.
2. Check in
All apartments are available after 3.00 pm of the first day agreed on in the Tenancy Agreement.
An appointment should be made for arrivals after 7.00 pm.
3. Extension of the Tenancy Agreement
3.1 The tenancy (29 days or less) can be extended according to availability.
3.2 The tenancy (29 days or longer) can be extended with a notice period of 14 days before the end of the booked period. The extension has to be requested in writing.
3.3 The extension has to be confirmed by the landlord to the tenant verbally or in writing.
The total accommodation price is to be understood as a confirmed price for the entire period for which SunnySideApartments reserves the apartment(s).
4.1 Short Stays (1 to 30 days)
– up to 10 days prior to arrival: free of charge
– 9 to 4 days prior to arrival: € 50 cancellation charge
– within 3 days prior to arrival: 100% of the total accommodation price
4.2 Long Stays (30 days or longer)
– up to 10 days prior to arrival: free of charge
– 9 to 5 days prior to arrival: 50% of the total accommodation price
– within 4 days prior to arrival: 100% of total accommodation price
4.3 During Trade Fairs and Oktoberfest
– up to 4 weeks prior to arrival: free of charge
– up to 14 days prior to arrival: 50% of the total accommodation price
– within 13 days prior to arrival: 100% of total accommodation price
4.4 Group Bookings (4 apartments or more)
– up to 80 days prior to arrival: no charge
– up to 40 days prior to arrival: 50% of the total accommodation price
– up to 20 days prior to arrival: 90% of the total accommodation price
– within 19 days prior to arrival: 100% of the total accommodation price
4.5 The notice for early departure is 14 days.
4.6 The party making the reservation is liable in case of no-show.
5. Payment of Rent and Services
5.1 Rent and reserved services have to be paid in Euro to the landlord by wire transfer or in cash in advance (transfer costs are borne by the guest) or at the latest on the day of arrival.
5.2 Modified payment terms may apply during trade fairs and special events. This needs to be pro-actively checked with the landlord.
5.3 Credit card information must be supplied as guarantee if the costs are borne by a third party.
5.4 Rent and reserved services have to be paid to the landlord in advance on a monthly basis, no later than on the first business day of the month, by wire transfer (transfer costs are borne by the tenant) to the following bank account:
Account holder: SUNNYSIDE APARTMENT GMBH
Bank: GENOSSENSCHAFTSBANK MUC
Bank code: 70169464
Account No .: 616990
BIC /SWIFT: GENODEF1M017
5.5 Payment by Credit Card
Exceptionally, the following credit cards will be accepted for payment:
American Express, Visa and MasterCard.
The tenant expressly agrees that the landlord is entitled to charge arrears of rent, which are still open for payment on the day of departure, by the credit card submitted by the tenant.
6. Temporary Use / Conditions
6.1 The tenant rents the apartment(s) on a temporary basis.
6.2 Subletting or cession of the apartment in any form to a third party(ies) other than the ones nominated in the agreement is allowed only with the permission of the landlord in writing.
6.3 Animal husbandry is not permitted.
6.4 All apartments are non-smoking apartments. An increased cleaning fee of at least € 500.00 (= net € 420.17 plus VAT, currently 19% = € 79.83) will be charged if someone smokes in the apartment. This to ensure that next tenant moves in a pleasant environment.
6.5 The tenant receives a door/apartment key at his arrival. The key must be returned to the landlord at the end of the stay.
7. Maintenance of the Rented Property
7.1 The tenant must notify the landlord without delay in case of damage to any element of the property.
7.2 The tenant shall treat the apartment with care.
7.3 The tenant is liable to the landlord for damages caused by violating his duty of care and is subject to duty of notification, in particular when the rooms are not sufficiently ventilated, cleaned, heated or protected against frost.
7.4 It is forbidden to remove any of the inventory items.
8. Shared Use of Common Facilities
8.1 Washing machines and dryers are available in the common basement against charge. These appliances are used at the tenant’s own risk and peril.
8.2 These appliances, as provided by the landlord, should be treated with caution and care.
9.1 The charge for the use of the internet (LAN and WLAN) is included in the apartment’s rent. The landlord does not accept any responsibility when the network is overloaded and the internet connection is not available.
9.2 The tenant has to take care that the internet is used only for legally accepted purposes.
10. Access to the Rented Spaces by the Landlord
10.1 The owner and /or his agent may enter the property for important reasons, with due notice.
10.2 In case of absence of the tenant for two weeks or longer, he/she has to close all water supplies and hand over the key to the apartment to the facility management.
Ending of the Tenancy and Returning of the Property
11.1 Upon expiry of the tenancy, the apartment has to be returned by 11.00 am. It has to be left clean and in the same state and conditions as at the time when it was accessed for the first time. A daily fee amounting to minimum € 250.00 (= net € 233.64 plus currently 7% VAT = € 16.36) will be charged if the apartment is not returned in the proper condition by the termination date. The costs of any necessary further cleaning/maintenance shall be borne by the tenant.
11.2 The tenant has to repair or replace any damage caused in or to the apartment and occurred under his/her liability.
11.3 Any inventory item damaged during the stay has to be replaced or paid for adequately, as far as the damaged occurred under the tenant’s liability.
11.4 Check-out before/after the opening hours shall take place as follows:
a. all windows must be closed
b. all electrical appliances – except the refrigerator – must be turned off
c. all waste must be disposed of in the relevant waste containers
d. all keys of the apartment must be left on the dining table
e. the apartment must be shut by pulling the door
12. Severability Clause
If any provision of this agreement will be held invalid, such invalidity will not affect any other provision of the agreement. A new provision will be adopted in place of the invalid provision. The new provision shall be as close as possible to the previous both from an economic and a legal point of view.
13. Jurisdiction and Applicable Law
Agreed place of jurisdiction is Munich, provided that the requirements of § 38 ZPO apply for all parties.
In addition EuGVVO Art. 22 No. 1 applies in disputes with legal persons from other EU countries.
Only German law applies.