Terms and Conditions - Overnight services ARTAPARTMENT.EU
Anna Wereszka-Olszówka, Berlin
1. Subject-matter
ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin offers in its own name accommodation and other services.
2. Subject-matter of the contract
With its work within the framework of paragraph 1 ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin provides its own services. A contract is concluded solely between ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin and the client / guest.
3. Accommodation services
3.1. Booking
ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin offers accommodation opportunities in its own name and on its own reservation system. The information in the media is provided in all conscience. Offers are only valid if at the time of the customers request they are still available (offer, while supplies last). ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin is checking whether the accommodation chosen by the client is available at the desired time. The accommodation contract is concluded as soon as the booking is confirmed by ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin (via email, written reservation, telephone booking). Differing arrangements must be made in writing. ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin is bound to make the reserved accommodations available for the booked period of time. Otherwise it has to provide compensation to the guest. The guest is committed to pay the agreed price for the contract period.
3.2. Payment
The customer pays a deposit for the booked apartment, the balance plus additional charges will be paid either in cash at the key handover or after consultation with ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin.
Other payment conditions require an agreement.
3.3. Prices
The prices in the media lapse through new offers. The indicated gross prices are valid, with the exception of exhibition periods and special time periods. (New Year’s Eve, fairs, etc.) In case of requests and bookings for which the standard prices are not valid, the prospective customer will be informed before booking. In case of a confirmed booking the valid prices are those at the time of the request. Elements of furniture presented in the media may vary.
3.4. Arrival after 16.00 clock
In principle the booked rooms are kept free by the service provider until 16.00 o’clock on the day of arrival. The customer is committed to inform the property owner / landlord if the expected arrival will take place after 16.00 clock. In the case of guaranteed reservations (partial payment or prepayment), the booked rooms are also kept free after 16:00 o’clock, until the arrival of the guest. The same applies for bookings made on the day of arrival but after 16.00 o’clock.
3.5. Deviant arrival modalities
Deviant arrival modalities are possible in principle but must be made in writing.
3.6. Avoidance of contract / Cancellation
The guest can withdraw from the contract at anytime before the departure date by cancellation to ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin. The cancellation has to be declared in writing (not by e-mail but by fax or mail). Free cancellations are possible in principle, as far as they are received in writing by ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin no later than four weeks before the date of arrival. Exemptions will be immediately agreed directly with the guest in writing, after receiving the booking confirmation.
If a booking is cancelled by the guest less than four weeks before the date of departure, ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin will try to procure the free accommodation to someone else. If the re-procurement should fail ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin is entitled to sue the guest for loss suffered, according to § 651 BGB, because of non-performance of the contract. The cancellation fees claimed for non-arrival accord to the accommodation prices in EURO as follows:
up to 28 days 0%
from 27 days 20%
from 15 days 40%
from 10 days 60%
from 5 days 80%
from 4 days 100%
It remains up to ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin to claim further compensation for non-performance of the contract, if the proof can be provided that the rooms vacant because of the cancellation could not be re-procured.
3.7. ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin reserves the right to cancel bookings due to non-fulfilment of payments.
4. Liability
ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin is liable for the rental activity. The liability is limited to intent and gross negligence. The liability for simple negligence is excluded. ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin is not liable for force majeure or strikes or transmission disturbances in the communications network. Minor changes to the furniture of the apartments are possible.
4.1. From the moment of the receipt of the apartment key on the guest is liable for gross negligence and wilful damage and disruption of the rooms and furniture, the liability lies with the tenant, he is also responsible for the people, which he admitted into the apartment and the house.
4.2. So far as Internet access is included in the contract, ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin takes no liability for any damage to software or hardware resulting from the use of the internet access (viruses, trojans , Phishing, etc.)on your computer (or similar devices). ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin only provides internet access when indicated. The guest is fully responsible for the type of use and the legality of the related content during the term of lease.
4.3. If a parking lot is rented, ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin takes no liability for possible damage done to the vehicle or other persons / damaged property resulting from the use of the parking lot. The guest is responsible for the use of the parking lot in accordance to the StVO and the BGB.
5. Recognition of claims and prescription
Claims for non-contractual provision of services must be directed immediately to ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin. Claims raised 6 months after service delivery become time-barred.
6. Privacy
ARTAPARTMENT.EU Anna Wereszka-Olszówka may collect, process and utilize individual-related data of his guests, as long as it is necessary to ensure the justification and change of the necessary procedures, including their content design (inventory data). Booking data is collected, processed and used by ARTAPARTMENT.EU Anna Wereszka-Olszówka under the statutory clauses. The storage and transmission of all booking data is only effected to the desired and / or necessary extent. The guest agrees to be provided by ARTAPARTMENT.EU Anna Wereszka-Olszówka with information related with the renting via e-mail or by post to ensure a comprehensive information standard.
7. General
The invalidity of single clauses of the procurement conditions does not invalidate all procurement conditions. If the customer is a registered trader, a legal person of public law or a separate estate of public law and the request is part of the operating of his commerce, then Berlin is the court of jurisdiction. Exclusive courts of jurisdiction remain unaffected. The business relations between the host and the guest or ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin and the guest is only subject to the laws of the Federal Republic of Germany for domestic contracting parties. Uniform Law on the International Sale of Goods (CISG) does not apply. No subsidiary agreements were met. Those have to be made in writing. These are the conditions which apply for the renting services of ARTAPARTMENT.EU Anna Wereszka-Olszówka, Berlin.
8. Court of jurisdiction
In accordance with the statutory prescriptions, the court of jurisdiction for all disputes arising from the tenancy is the district of Berlin, in which the object is rented; therefore the court of jurisdiction is always a district court in Berlin.
Berlin, august 2008
Anna ARTAPARTMENT.EU Wereszka-Olszówka, Berlin